What Is Priority Right (Right of Priority)? Its Importance in Trademark Applications
The right of priority allows a trademark applicant to use their first filing date as the priority date in other countries within 6 months. This article explains how to use priority rights, the deadlines involved, and their strategic importance.
What Is the Right of Priority?
The right of priority (rüçhan hakkı in Turkish) is an international right that allows a person who has filed a trademark application in one country to use that filing date as the effective date when filing in other countries within a specified period. This right originates from the Paris Convention of 1883 and is regulated in Turkey under Article 12 of the Industrial Property Law No. 6769.
Simply put: if you file a trademark application in Turkey today and file in Germany within 6 months using your priority right, your German application will be treated as if it was filed on today's Turkish date. Any competing applications filed in Germany during those 6 months will not affect your priority.
Legal Basis of Priority Rights
- Paris Convention (1883): The foundational international convention with over 180 member countries
- TRIPS Agreement: Intellectual property protection under the World Trade Organization framework
- IPL No. 6769, Art. 12: National regulation in Turkey
- Madrid Protocol: Multi-country protection through a single WIPO application (can be combined with priority rights)
Priority Period for Trademarks
For trademarks, the priority period is 6 months from the date of the first filing. This is a peremptory deadline — it cannot be extended or renewed. Applications filed after 6 months cannot benefit from priority rights.
For comparison: the priority period for patents is 12 months, and for industrial designs it is 6 months.
Advantages of Priority Rights
1. Protection Against Competing Applications
Priority rights protect you against competitors filing the same mark in foreign countries during the period between your first filing and subsequent foreign filings. Even if a competitor attempts to register the same mark in France 3 months after your Turkish filing, you will have priority if you file in France within 6 months using your priority right.
2. Time for Market Research
The 6-month window provides valuable time to identify target markets, conduct trademark searches, and plan your budget before entering international markets.
3. Cost Planning
Rather than filing in all countries simultaneously, you can file in one country first and then selectively apply in others within 6 months, enabling better-informed cost and strategic decisions.
How to Use Priority Rights
- File your first application: At TÜRKPATENT in Turkey or at the national office of any Paris Convention country
- Record the filing date and number: These are required when claiming priority
- File in foreign countries within 6 months: Via the WIPO Madrid system or national offices
- Declare your priority claim: State the date, number, and country of your first application in the application form
- Submit supporting documents: Some countries require a certified copy of the first application
Key Points to Watch Out For
- Same mark, same goods/services class: Priority rights apply only to the mark and classes in the first application; additions or modifications are not permitted
- Missing the deadline forfeits the right: Applications filed after 6 months cannot benefit from priority
- Does not guarantee registration: Priority rights confer priority, not guaranteed registration; examination and opposition processes in the relevant country continue normally
- Non-Paris Convention countries: Priority rights do not apply in these countries; a separate strategy is required
Combining Madrid Protocol with Priority Rights
Priority rights can also be used in international trademark applications filed through WIPO under the Madrid Protocol. With a single application, you can seek protection in over 130 countries while designating your first filing date as your priority date. This is the most preferred international trademark strategy in terms of both cost and administrative convenience.
Frequently Asked Questions
In which countries can I use my priority right?
You can use your priority right in over 180 countries that are party to the Paris Convention. Turkey is a party to this convention, and Turkish filings can likewise serve as the basis for priority rights in other member countries.
Is the priority right automatically recognized?
No, the priority right must be explicitly claimed at the time of filing. If the date, number, and country of the first application are not stated in the foreign application form, the priority right cannot be invoked.
Can priority rights be based on multiple first applications?
No, priority rights are based on a single 'first application' only. A priority claim based on multiple applications is not accepted.
How do I obtain a priority certificate?
You can request a 'priority certificate' from TÜRKPATENT for your first application. This document proves your priority right in foreign country filings.
