Claiming priority for registration of the trademark: a race to be the first

30/09/19

Claiming priority for registration of the trademark: a race to be the first

When a third party is trying to register a trademark which you have already filed in another country, even though you may be late to apply or register in one or more countries, by CLAIMING PRIORITY your trademark may be considered as having been presented first.

The Priority right is grated to the owner of a trademark and protects the owners’ rights.

In this regard, the “Priority” right is given to the applicant of a trademark that has been filed for the very first time.

RA Law “On Trademark” (hereinafter: Law) regulates the given situation as follows:

In accordance with the Law, the priority of a trademark is defined by a date the application of trademark registration is presented to the RA Intellectual Property Agency (hereinafter: Authorized body).

If a person has filed an application to a State party to the Paris Convention or a member of the World Trade Organization for the registration of a trademark (first application),if then from the date of filing, within a period of six months, the applicant files an application to the State Authorized Body in respect of goods and /or services or a part of goods, that person shall enjoy the right of first application, which is established by the right of priority of a trademark (international priority).

For example, if a person files an application in Germany on June 10, 2019 (the priority date) for a “X” trademark and then files an application for the same trademark in Armenia on November 10, the application in Armenia will be considered, for examination purposes, as having been filed on June 10.

It means that if an application for an identical or similar trademark has been filed in Armenia between June 10 and November 10, the application for a “X” trademark will have priority over it.

Any applicant, who wishes to benefit from the right of priority, submits to the Authorized Body a copy of the first application, which is certified by the body that received the first application. 

In this matter, lawyers of our company can support you with both consultation and appropriate documentation for securing your IP right and claiming your trademark priority right.

 

Author: 

Associate-Nune Khachatryan