What Is Conventional Priority?
How It Works
Let’s say that you are in the US filing your US trademark on January 5 and not filing in any other country. Then, suppose Mean Company Inc. files for the same trademark in Canada the following April.
They are first in line in Canada because you have no filing in Canada. The Canadian trademark office doesn’t know about you. They don’t care about you or your trademark; they only care about the filing they have.
Subsequently, let’s assume you file your Canadian trademark on May 31, making you second in line. However, your application will indicate your US filing of January 5.
The Canadian Trademarks Office will review the two applications and determine that the Mean Company trademark filing is not the first in line but the second. This determination is called Conventional Priority.
The Authority
The six-month grace period, Conventional Priority, is part of the Paris Convention, International Trademark Treaty, with participation from most countries, including Canada and the US.
Summary
This international agreement provides six months to test and grow your business, gain some traction, and a bit more cash flow. Use this grace period to prepare for additional trademark filings in other jurisdictions to grow and protect your brand.
Or, you can file in all the countries you wish from the beginning if you have confidence in the strength of your brand. Either way, Conventional Priority will put you at the front of the line in other jurisdictions for the initial six months.
You can also take advantage of Trademark Factory®’s professional team of trademark attorneys and specialized staff to help you form a trademark strategy and manage your applications through the bureaucracy to ultimate approval.
Our all-inclusive 100% cash-back guarantee of trademark registration success protects your budget and saves untold hours complying with USTPO inquiries and office actions.
Contact us today to learn more.
