When a trademark application is first filed, the applicant may claim priority for subsequent applications in other countries, provided they are filed within six months of the original filing date. This article explains the priority principle in greater detail and provides a concrete example.
What is the priority principle?
In essence, the priority principle allows a foreign trademark application to be treated as if it were filed on the same date as the first application for the same trademark. To benefit from this, the priority claim must be made within six months. Once this six-month period expires, priority can no longer be claimed, although trademark applications can still be filed without it.
If an applicant extends trademark protection to other countries within the six-month window and claims priority in those applications, the rights in those countries will retroactively date back to the original filing date. In other words, the applicant secures an additional six months of protection in those jurisdictions.
Why claim priority?
If you intend to expand your business into other countries after filing an initial trademark application, it is advisable to file additional applications in those countries within six months. Claiming priority in this way helps prevent others from registering a similar or identical trademark in those markets during that period. It also provides extra time to develop a business strategy and explore international opportunities after the initial filing.
A practical example
ABC BV files a trademark application in the Benelux region on January 10, 2025. Later, the company decides to expand into Germany and files a German trademark application on June 25, 2025. By claiming priority, the German application is treated as if it were filed on January 10, 2025—the date of the Benelux application. Meaning that, assuming the application is approved and registered, trademark protection in Germany is effective from January 10, 2025. Even though other trademarks may have been filed in Germany between January 10 and June 25, ABC BV’s priority claim gives it superior rights from the earlier date.
What if you expand after six months?
If you decide to expand your business after more than six months have passed since the first application, you can still file trademark applications in the relevant countries. This will not include a priority claim anymore. For this reason, it is wise to consider potential international expansion at the time of your initial filing and to inform us early in the process.
