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Claiming Your Trademark Priority: The 6-Month Deadline You Need to Know

A trademark is a valuable asset for any business, providing legal protection for your brand and preventing others from using it without permission. However, registering a trademark can be a lengthy process, with multiple steps to complete before your trademark is officially protected. One important deadline to keep in mind is the 6-month priority filing deadline.

The priority filing deadline is a critical aspect of the trademark registration process that allows applicants to secure an earlier filing date for their trademark. For example, if you have filed a trademark application in one country, you can use that application as the basis for filing a subsequent application in another country within six months. This is called claiming priority.

Claiming priority can be beneficial, particularly for businesses that operate in multiple countries or have plans to expand internationally. By filing a trademark application in one country and then using that application as the basis for filing in another country, you can simplify the registration process and potentially save time and money.

To claim priority, the second application or WIPO Madrid application must be filed within six months of the first application. In addition, the goods and services must be identical or similar to those listed in the initial application. If the second application meets these requirements, it will be treated as if it was filed on the same date as the initial application.

It's important to note that claiming priority does not guarantee that your trademark will be accepted or registered in the subsequent country. Each country has its own trademark registration system, and the application process and requirements can vary widely. Additionally, even if your trademark is registered in one country, it may not be registrable in another country due to conflicting trademarks or other legal issues.

The priority filing deadline underscores the importance of timely trademark registration. It's essential to file your trademark application as soon as possible to secure the earliest filing date and protect your brand from potential infringers. A skilled trademark attorney can guide you through the process and help you determine the best strategy for securing trademark protection for your business.


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