Priority date

Illustrative example; names are placeholders and the facts are invented. Company A files a Swiss application for MARK A on 10 February. On 20 May a third party files MARK B for the same goods at the EUIPO. On 1 August Company A files an EU application for the same mark and goods and claims its Swiss filing as priority. Switzerland is a Paris Convention state and the EU filing falls within six months of the first filing, so 10 February counts as the EU filing date for deciding which rights take precedence (EUTMR Arts. 34(1), 36). That places Company A's application ahead of the May filing on the date question. The claim must be made with the application, and supporting documents filed within three months (Art. 35(1)). Your counsel confirms the claim was validly made.

International. Trade marks get six months of priority from the first filing in a Paris Union country; the filing day itself is not counted. Acts in the interval, such as another party's filing or use of the mark, cannot defeat a later filing made within that period. (Paris Convention Art. 4A(1), 4B, 4C(1)-(2))

EU. Six months from a first filing in a Paris Convention or WTO state, for the same mark and for goods identical with or contained in the first filing. The claim is filed with the application and documents within three months. The priority date counts as the filing date for precedence. A separate exhibition priority also exists. (EUTMR Arts. 34(1), 35(1), 36, 38)

UK. Six months from a Convention application. The first filing date governs precedence, and use of the mark in the UK in between does not affect registrability. (Trade Marks Act 1994 s.35(1)-(2))

US. A US application filed within six months of the first foreign filing is treated as if filed in the US on the foreign date, but must still state a bona fide intention to use the mark in commerce. Separately, once a mark is registered, its US filing date counts as nationwide constructive use. (15 U.S.C. §1126(d); §1057(c))

Switzerland. Six months from a first filing in a Paris Convention state, or in a state that grants Switzerland reciprocity. Exhibition priority runs six months from the exhibition's opening day. A priority declaration must be filed with the IPI, and missing the ordinance's time limits forfeits the claim. (MSchG Arts. 7, 8, 9)