The situation of copying and imitating other people’s logos and trademarks is common. To prevent this situation, applicants need to understand and apply the right of priority in trademark registration.
What is priority in trademark registration?
The Intellectual Property Law does not stipulate the concept of right of priority. Priority right to a mark is understood as a trademark registration application subject to the priority principles prescribed by the Intellectual Property Law to grant a protection title.
The principles for enjoying the right of priority include:
- Principles of first filing.
- Priority principle.
Applying the Right of Priority in Trademark Registration
According to this principle, in the event that many different application owners file identical/similar trademark applications for identical or similar products or services, the application has the priority date or the first filing date will be accepted for protection.
- In case there are many applications of many different application owners jointly filed for the same object with the same priority date or first filing date, only one application is accepted as “protection” according to the agreement between these applicants. If the application owners cannot reach an agreement, that object will be refused to grant a protection title.
- The applicant’s priority claim will be accepted if the following conditions are met:
- The applicant is a Vietnamese citizen or a citizen of a country that is a party to the Paris Convention or resides, has a production or business establishment in Vietnam or a country that is a member of the Convention.
- The first application has been filed in Vietnam or in a Contracting State to the Convention and that application contains a claim for priority right to register the mark.
- Trademark registration applications are filed within 06 months from the date of first filing and the priority period is counted from the date of first filing, the filing date of the first application is not included in the priority period.
- In the registration application, the applicant clearly states the claim for priority right and must submit a copy of the first application certified by the first application-receiving agency in case of filing abroad.
- Pay the required fees in full.
Thus, during the period from the first filing date to the filing date in Vietnam, if another subject files an application for the same subject in the first application, the first applicant’s application is still considered to have the same filing date. application with the date of first filing and priority protection.
Owners should also note that the application of the principle of precedence is not the same from country to country, so applicants need to learn the laws of the country where they intend to do business to avoid cases where the trademark is not protected.
Benefits of enjoying priority
The right of priority plays an important role in the procedure for granting a protection title and protecting the economic values of the trademark. Some of the benefits that owners enjoy when the trademark is applied the priority principles are as follows:
- It is the highest basis for granting a Protection Title when there are other registration applications bearing identical or confusing trademarks for identical or similar products or services.
- Creating conditions for the applicant’s trademarked products and services to be registered for protection in other countries, enabling the owner to expand the business market.
- It is the basis for resolving disputes or violations related to the registration and protection of trademarks.
Thus, priority in trademark registration is the right for all trademarks when registering for protection. Users of trademarks that are not well-known trademarks need to apply early to enjoy these privileges.
Above is our advice on this matter. If you need more detailed advice as well as how to access this service, please contact Lawyer – Mr. Nguyen Duc Trong directly via hotline: 09220.127.116.11, 0918.104.22.168 or call Free Consultancy Center 1900.6575 or send a service request via email: firstname.lastname@example.org
We wish you and your family good health, peace and success!
Hong Bang Law Firm.