Trade Mark Priority Explained

What Is Priority?

If you file a trade mark application in the UK, you have six months to file the same trade mark in other countries — and those later applications will be treated as if they were filed on the same day as your UK application. That earlier date is called your priority date.

 This right comes from the Paris Convention (an international treaty signed by over 175 countries) and is built into UK law under section 35 of the Trade Marks Act 1994.

The Basic Rules

To claim priority, you need to make sure:

• Your first application was filed in a Paris Convention or WTO country.

• You file abroad within six months of that first filing.

• The later application is for the same mark and covers the same (or fewer) goods and services.

• You expressly claim priority when you file — it can't usually be added later.

Why Priority Matters

1. It locks in an early filing date worldwide. The earlier your date, the stronger your position against anyone who tries to register a similar mark after you.

 2. It buys you six months breathing space to:

• Run clearance searches in other countries

• Decide which markets are worth the cost of filing

• Spread out international filing fees

3. It strengthens your rights in disputes. If someone challenges your mark — or you need to challenge theirs — your priority date is often the deciding factor.

Conclusion

Trade mark priority is a simple but powerful tool: file once, and you have six months to extend that filing date to other countries. Used well, it saves money, prevents disputes, and secures stronger international protection. If you're planning to launch or expand a brand, our we can help you make the most of it.