Trademark law

A foreigner may enjoy the right of priority applying for trademark registration in China

Right of priority of application for trademark registration means that a formal application in one member state shall be the basis, and at certain period, this applicant may enjoy trademark protection at other member states. The later application date shall be deemed as the same date as it first applies.

Under the Trademark Law, if an applicant applies for the trademark registration of the same trademark for the commodities of the same class within 6 months from the day on which it filed the application for trademark registration of its trademark in a foreign country, it may enjoy the right of priority in accordance with the agreement concluded between that foreign country and China or the international treaty to which both countries are parties, or according to the principle of mutual acknowledgement of the right of priority. The applicant that requests the right of priority in accordance with the preceding paragraph shall file a written declaration when filing the application for trademark registration, and shall submit a copy of the documents of application for trademark registration it firstly filed within 3 months; those failing to file the written declaration or failing to submit the copy of the documents of application for trademark registration within the prescribed time limit shall be regarded as having not requested for the right of priority.