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What are the priority in trademark law?

AddTime:2018-06-15 16:38:10   Views:     【 Big Mid Small 】   Print   Close

The term "priority" in trademark law refers to an application for a registered trademark that meets certain conditions. Article 24 and article 25 of the trademark law stipulate two kinds of priority.
The first kind of priority is based on the first application for trademark registration in a specific foreign country.
"Trademark law" stipulated in article 24, "the trademark registration applicant is put forward for the first time since its brand in a foreign country within six months from the date of application for trademark registration, and in China the same goods with the same trademark filing an application for trademark registration, in accordance with the agreement signed with China or foreign jointly participate in the international treaties, or according to the principle of mutual recognition of priority, can enjoy priority." According to the regulation, all the protection of industrial property Paris convention and the Madrid agreement concerning the international registration of marks two international treaty signatories citizens (including legal persons, other organizations and natural person), or in the contracting state place of business or residence (include legal persons, other organizations and natural persons), and sign a treaty with China people recognize each other priority countries (including legal persons, other organizations and natural persons) all can enjoy priority in trademark application. For example, in 2012, the Paris convention member states citizens armor on May 1, to put forward an application for trademark registration in the country, and then on October 31, 2012, in China the same goods with the same trademark applying for registration, and statement calls for priority. As a member of the Paris convention, party a may enjoy priority according to law. Its application date in China shall be May 1, 2012.
The second priority is based on priority given to the first use of a trademark at an international exhibition sponsored or recognized by the Chinese government.
Trademark law stipulated in article 25, "trademark in the Chinese government sponsored or recognized international exhibition of goods used for the first time within six months from the date of the goods on display, the trademark registration applicant shall enjoy priority." Such as the Paris convention member states citizens in May 2012, in the Chinese government to host the international exhibition of the production of goods, and the first use of a trademark on the goods. Later, party a filed the same trademark registration application for the same goods in China on October 31, 2012, and claimed the right of priority. Since the trademark is first used at an international exhibition hosted by the Chinese government, party a can enjoy priority according to law. Its application date in China shall be May 1, 2012.
It is important to note that the applicant must submit the documents required by law in order to actually enjoy the priority. Given the first application for trademark registration in certain foreign behavior of priority, shall, when filing an application for trademark registration to make a written statement, and submit for the first time in three months is put forward a copy of the trademark registration documents; Where a written declaration has not been made or a copy of the trademark registration application document has not been submitted within the time limit, the right of priority shall be deemed not to have been claimed. Based on government sponsored or recognized international exhibition in China get priority for the first time to use the trademark act, shall, when filing an application for trademark registration to make a written declaration, and submitted in three months showcase exhibition of the commodity name, use the trademark on goods on display evidence of documents, display the date, etc. If no written declaration has been made or no supporting documents have been submitted within the time limit, it shall be deemed that no priority has been claimed.


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