What is a priority claim in a trademark application

priority claim in a trademark application IPHub Asia

Do you know that you can claim priority when filing a trademark application? But before we get to that, let us explain what a priority claim in a trademark application means.

If you have filed a trademark application in a member country of the Paris Convention or a member country of the World Trade Organization (WTO), you can claim priority based on this first-filed trademark application for your subsequent trademark applications in other member countries of the Paris Conventions or that of the World Trade Organization. You can do this, provided the subsequent applications are filed within six months from the first-filed (priority) application. There are currently 177 member countries of the Paris Convention and 164 member countries of the WTO, with Singapore being a member of both.

To illustrate the above – if your trademark application in the United States is filed on 1st February 2020, you will then have until 1st August 2020 to claim priority from your aforesaid US trademark application for your subsequent trademark application in Singapore. In such a case, your Singapore trademark application will be deemed as filed on 1st February 2020 (the same date at the priority US application), despite having its actual filing date at a later time.

This arrangement will give you the benefit of having an earlier filing date in Singapore, so that if a third party files their trademark application between 1st February 2020 and your actual filing date in Singapore, your trademark application will be considered as filed earlier than the other party’s trademark application.

You can refer to our earlier article to learn how to register a trademark in Singapore.

How to claim priority for your trademark application

There are certain requirements that must be met in order to be able to claim priority. They are as follows:

–          As stated above, a priority claim can only be made based on the first-filed application for that particular trademark, in that particular class. If you have filed your trademark application in multiple countries, the first country where your trademark application is filed will be considered as the priority country.

–          The priority claim has to be made at the time of filing your subsequent trademark application. In general, you do not need to submit any document to claim priority in Singapore, although in some rare cases, the Intellectual Property Office of Singapore (IPOS) may use its discretion to request for the priority document. However, in most countries in Asia, the registries would require the submission of the certified copy of the priority documents from the first-filed application and its English translation (if not in English).

–          The subsequent application has to be filed for the same trademark, with the same applicant’s details and with identical or narrower specification of goods and/or services as the priority application.

At IPHub Asia, we help businesses with trademark searches and registrations. Contact us to learn more about the priority claim in a trademark application, and for assistance with registering your trademark. You can also visit our website to learn more about the services we provide.

Inge is an Indonesian native and is fluent in English and Indonesian. She was born and raised in Jakarta, Indonesia, and she lived in Singapore for several years before moving to Los Angeles, where she currently resides. Travelling and hiking are two of her favorite holiday activities. She also enjoys trying out different kinds of cuisines and experimenting with new recipes in her free time.

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