A trademark priority date is the earliest a trademark can be registered with the US Trademark Office (USPTO). This date is usually the date of first use or first filing. A trademark registration date is an actual day on which the mark is officially registered with the USPTO.
Trade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards. You cannot renew online if your trade mark expired more than 6 months ago.
Trademark Priority: Determining Who Was First Trademark rights in the US generally belong to the one who was first to use the mark in commerce. Whoever was first to sell goods or services under a particular mark will typically be deemed the rightful trademark owner. This is known as trademark priority.
Claiming priority is simple: when your application is filed at the Intellectual Property Office in the UK, or at the EUIPO in the EU, you just have to provide a copy of the application from which you are claiming priority and your new UK or EU application is, in effect, back-dated to the priority date.
If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.
Priority dates of claims of a complete specification and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of the filing of the relevant specification.
The priority date for a trademark is established when the application is filed and remains fixed. It does not expire or change unless the application is abandoned or withdrawn. The priority date serves as a permanent reference point for determining the order of rights and protecting the trademark.
The timeline for trademark registration in India varies, but on average, it takes around 1 to 2 years. Factors like application scrutiny, objections, and legal procedures can influence the duration.
ITU application enables a trademark applicant to reserve the trademark rights against a potential competitor. By getting an earlier application filing date, the ITU applicant could have priority of his mark over someone else's if a legal conflict develops or could develop — at the USPTO or in the marketplace.