One of the most useful yet least understood tools in international trademark planning is the priority right. Used correctly, it lets you carry your first application's filing date with you for six months, without having to file in every country in the world at once. In this article we cover what the priority right is, how it is used, and why it is critical for companies with export plans.
What Is the Priority Right?
The priority right is a form of priority originating from the Paris Convention. Once you have properly filed a trademark application in one country, you can claim the date of that first application for applications you file in other member countries within a set period.
For trademarks, that period is six months. In other words, if you file in Germany within six months of your application in Turkey, your German application is treated as if it had been filed on the date of your Turkish application.
The fact that this period is six months for trademarks is a point where trademarks differ from patents and utility models; for designs, the same six-month period applies. Knowing this distinction makes calendar planning easier for companies seeking more than one type of right for the same product.
Why Does This Matter So Much?
Priority in trademark law is set by the filing date. Without the priority right, any company needing international protection would have to file in every target country on the same day. That would be both operationally difficult and financially heavy.
The priority right spreads that burden over six months. Within that period, you can:
- Work out which markets you will actually enter
- Commission a separate clearance search for each country
- Plan your budget and spread the spending over time
- Organise your work with local representatives
- Test whether your brand name fits the language and culture of the target markets
Throughout all of this, your priority date is preserved.
A Concrete Example
Say you filed your trademark application in Turkey on 10 February. You filed in Germany on 20 May and claimed priority.
Suppose that in the meantime, on 5 April, another company filed the same mark in Germany. Without the priority right, that company would be treated as having come before you. With the priority right, your German application is deemed to have been filed on 10 February, and you come first.
This is a particularly important protection in the period after a trade fair: after showcasing your brand at an international exhibition, it is not unusual for someone who saw it to file for it in their own country. A significant share of the trademark losses exporters suffer happens exactly this way, in the gap between exposure and registration.
The same logic applies to manufacturing relationships. Sending a sample request, obtaining a price quote, or visiting a factory all make your brand visible to local players. The priority right provides a safeguard for your priority during this getting-to-know-you period — but only if you filed your first application in time.
How Do You Claim Priority?
The priority right does not apply automatically. Three conditions must all be met:
- Filing within the deadline: The second application must be filed within six months of the first.
- An explicit claim: You must state that priority is being claimed at the time of filing, giving the country, number and date of the first application.
- Submitting the certificate: The priority document obtained from the office where the first application was filed must be submitted within the prescribed period. A translation may be required where needed.
Missing any one of these steps means the priority claim will not be accepted. In that case your application does not become invalid — it is simply assessed on its own filing date.
How Priority Relates to the Madrid Protocol
These two mechanisms are often confused, but they are not alternatives to one another; they can be used together.
| Priority right | Madrid Protocol | |
|---|---|---|
| What it provides | Date priority | Access to multiple countries through one application |
| Duration | 6 months | No time limit |
| Scope | All Paris Convention members | Madrid system members |
| How it's used | Claimed separately in each application | One file through WIPO |
If you file your Madrid application within six months of your Turkish filing, you can claim priority within that application too. That way you gain both the date priority and the administrative convenience together. We cover the whole system in our Madrid Protocol article.
Exhibition Priority
There is a second type of priority right. Where a mark is displayed at an officially recognised exhibition, a priority right can arise running from the date of that display.
This requires the nature of the exhibition to be documented and the display of the mark to be proven with official evidence. Fair participation certificates, photographs of the stand, and letters from the organiser are all part of that file.
For companies attending international trade fairs, the practical advice is this: if a new product or brand is to be shown at a fair for the first time, filing before the fair is the safest route. Exhibition priority is a safety net; the real protection comes from filing early.
What Is the Priority Document, and How Do You Get One?
To support a priority claim, an official document is submitted from the office where the first application was filed. This document shows the application's date, number, the specimen of the mark, and the goods and services it covers.
For an application filed in Turkey, this document is requested from TÜRKPATENT. When submitting it to a foreign office, translation and certification may be required according to that country's procedure. Because obtaining the document takes time, preparation should start well before the final days of the priority period.
In practice, the most common problem is that the application is filed on time but the priority document is submitted late. In that case the application remains valid, but the priority claim falls away — meaning you lose the priority advantage.
The Limits of the Priority Right
The priority right is a powerful tool, but it is not unlimited:
- The deadline is strict. Once six months has passed, the right lapses; it cannot be extended.
- The first application governs. If you already had an earlier application for the same mark, priority is calculated from that one's date.
- The scope must match. Priority applies only to the goods and services covered by the first application. If you widen the scope in the later application, priority does not apply to the additional part.
- The mark must be identical. If the sign in the second application differs from the first, the priority claim can be refused.
Practical Planning for Exporters
A plan that makes the most efficient use of the priority right could be structured like this:
- Month 0: The trademark application is filed in Turkey. This is the priority date.
- Months 0–2: Target markets are identified; priorities are set according to the export plan.
- Months 2–4: Clearance searches are carried out in the target countries; alternative strategies are developed for higher-risk markets.
- Months 4–6: Applications are filed and priority is claimed.
- Month 6+: Process tracking and watching begin.
This timeline lets you spread the budget over time without losing your date priority.
It also helps to rank your target markets by importance when building the plan. Countries where your export turnover is concentrated, countries where you manufacture, and markets with a high risk of counterfeiting should be placed first in the queue. You don't have to file worldwide within the six-month window; you can secure the critical markets and plan the rest around your growth pace.
Common Mistakes When Claiming Priority
- Counting the period from the registration date. The six months runs from the first filing date, not the registration date.
- Forgetting to state the claim. If the priority field on the application form is left blank, the right does not apply automatically.
- Widening the scope. If classes not present in the first application are added in the second, priority does not apply to that part.
- Changing the mark. A change to the logo or word element puts the priority claim at risk.
- Obtaining the document late. Failing to submit the priority document within the deadline forfeits the right.
Structure Your International Plan Correctly
The priority right is one of the rare tools in international trademark planning that actually saves you time. But it does not apply unless claimed, and once its period has passed, it cannot be recovered.
At Webx we build your overseas trademark plan around the priority calendar, carry out the research in your target markets, and complete filings on time. Explore our trademark registration service or contact us about your export plan.