Intellectual property · Legal information

What Does a Right of Priority Do in a Trademark Application?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A right of priority carries the date of an earlier application into a later trademark application, to the extent the kind of right allows. That date is useful against applications filed in between. The period changes with the kind of right and is read from the priority document. This text states no fixed number of months. The benefit appears when the date on the document is placed beside the date of the Turkish application. The earlier date is not entered until the document, the application and the request for registration stand together. A publication notice is not treated as having completed missing priority papers, and the benefit is not announced until those three records are read together.

The date does not run without the document

Priority does not mean that the Turkish application is automatically treated as older. The supporting application, the country or the exhibition, and the date must appear on the document. A publication made before the document is filed does not treat priority as established, and the text of the publication is not treated as having completed missing papers. The application and the priority document are separate papers. One does not stand in for the other. Service of a notice, or a letter from the office, does not later create a date that is not on the document. Until the country, the exhibition and the day appear on the document, the Turkish application is not treated as older by itself.

Trademark, patent and design are read apart

The period for trademark priority is not copied into the same sentence as patent or design priority. Each right is read from its own document. The term of a patent and the term of a design are the neighbouring headings for that separate reading. The date on the document and the date of the Turkish application are not confused, and they are not treated as the same day. Which right carries priority is seen from the kind stated in the register request and from the heading of the document. The day on a trademark document is not copied into a patent or design file, and a contract does not justify that copy.

Priority does not stand in for registration

The earlier date does not register the application without examination. Grounds for refusal are read separately, and priority does not erase those grounds by itself. How a trademark is registered is the form of the first application. Priority does not repeat that form. The trademark bulletin follows the publication. It does not publish the period stated on the priority document. The result of registration is not stated until the decision, the document and the application are read together. The earlier date is not a decision that closes the examination of refusal by itself, and an invoice does not stand in for the registration certificate.

The list of goods does not travel beyond the document

Priority does not carry the list of goods and services outside the scope on the document. If the list is to be widened, that is not done by the priority sentence. A contract or an invoice cannot be put in the place of the priority document, and a record of the fee does not create the earlier date. Being in Çankaya does not by itself make the office that will examine the document that district. The sign and the class stay inside the frame of the supporting document. The kind shown on the register does not enlarge a right that is not on the document, and the list of goods is not treated as silently widened by a petition.

The date and the list are read together

The day of the Turkish application and the day on the priority document stand in the same file. One is not written in place of the other. The publication text is not treated as having merged the two dates, and a missing day is not filled by a sentence remembered later. The application is not treated as having later added a country, an exhibition name or an item of goods that does not appear on the document. An addition cannot go beyond the scope of the supporting document, and the class list cannot be enlarged by the priority sentence. The register request shows the kind of right. It does not extend the period by itself, it does not carry the day on a trademark document into a patent or design file, and service of a notice does not justify that carry-over. An invoice and a contract are not the papers that create the earlier day. The result of registration is also not stated until the decision, the document and the application are read together, and a number of months does not fill the silence of the document.

Conclusion

Priority carries the effect of the earlier date into the later trademark application. The period is read from the document according to the kind of right, and a fixed number of months is not written. The general frame sits on the intellectual property page and in the text of Industrial Property Code No. 6769. If there is no priority document, the earlier date is not entered. A petition, a notice of service and a register request do not take that document's place, and a number of months is not a sentence that fills the document's silence. The earlier date is not entered until the priority document, the application and the register request are read together.

Legislation

Frequently asked questions

Is the priority period the same for every right?

It is not. The period changes with the kind of right the priority rests on. The number of days is read from the document. A single number of months is not written.

Does a priority document register the application by itself?

No. The earlier date carries effect against applications filed in between. Grounds for refusal are examined separately. The document does not stand in for a registration decision.

Is another right's priority period written onto a trademark?

No. Trademark, patent and design priority are not placed in the same sentence about days. Each period is read from its own document.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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