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   "trademark priority date"?
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   Author  Topic: "trademark priority date"?  (Read 2362 times)
mikepro1
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"trademark priority date"?
« on: Dec 21st, 2007, 12:35pm »
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What is a trademark priority date?  How does this date compare to the filing date since many I see are prior to the filing date?
 
Thank you.
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Lyza
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Re: "trademark priority date"?
« Reply #1 on: Dec 21st, 2007, 12:57pm »
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Mike,
 
Remember that I am not an attorney, but if you are speaking of a foreign priority filing, you are talking of the ability to file an application in one country under priority of another country's application in order to be granted the first filing date as the filing date for the later filed application(s).  There are many countries who honor priority filings but not all do.
 
The priority filing must be done within 6 months of the earlier application date.  For example, if you filed a US TM application on July 8, 2007, you have until January 8, 2008 to file for foreign protection claiming priority of the earlier US application.  By doing so, you have secured the July 8, 2007 date as your official filing date for the foreign applications even if they are filed on January 6, 2008.  The Madrid Protocol allows for priority filings but some countries that did not join the Madrid Agreement and Protocol still accept priority filing, i.e. Canada.
 
I hope this helps.  Thanks and Merry Christmas to all.
 
Lyza
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Lyza L. Sandgren, President/CEO
CanopyLegal LLC
lyza2855@gmail.com
www.canopylegal.com
North Amer. Rep for WebTMS TM Mgmt System
This message should be mistaken for or construed as legal advice.
mikepro1
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Posts: 34
Re: "trademark priority date"?
« Reply #2 on: Dec 21st, 2007, 2:11pm »
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Thanks Lyza.  But to be more specific, I filed an application to register in January 2007, another company filed an application for nearly the identical mark in the same class with the filing date of March 2007, but with a Priority Date of December 2006.  Does this priority date give them rights over me even though I filed in the US before them?
 
Thanks
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Lyza
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Re: "trademark priority date"?
« Reply #3 on: Dec 21st, 2007, 2:49pm »
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With as little as I know from what you've said, yes, that sounds right.  If it was a US application filed in March of 2007 under priority of a foreign application filed in December 2006, they could claim priority of the earlier filing as it was within that 6 month window.
 
Jeff or another attorney might know more.  Good luck.
« Last Edit: Dec 21st, 2007, 2:49pm by Lyza » IP Logged

Lyza L. Sandgren, President/CEO
CanopyLegal LLC
lyza2855@gmail.com
www.canopylegal.com
North Amer. Rep for WebTMS TM Mgmt System
This message should be mistaken for or construed as legal advice.
mikepro1
Newbie
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Posts: 34
Re: "trademark priority date"?
« Reply #4 on: Dec 23rd, 2007, 2:05pm »
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Thank you Lyza.
 
Can one of the attorney's varify Lyza's thoughts regarding the "Priority date"?
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