Prior Dating Trademark

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Priority Date - Trademark Pro
What is a priority date? - Patent Trademark Blog | IP Q&A
Prior rights and registered intellectual property . . .
Trademark Priority | Trademark Rights
Prior use of Trademark under Section 34- In "India" and . . .
Search trademark database | USPTO
Common Law Trademark | Fish
Rights of Registered Trademark Holder Vs . Prior User of . . .
Trademarks - WIPO
Trademarks, Law and Regulations | The Embassy of The . . .
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The priority date for a trademark application or a PCT application is the date that the application was previously filed in a country of the Union of the Paris Convention . This previous filing date shall be within the past six months to claim a priority date in another country of the Union for industrial designs and trademarks .
Priority date refers to the earliest filing date in a family of patent applications . Where only a single patent application is involved, the priority date would obviously be the filing date of the sole application . If an applicant has filed a number of related patent applications, the priority date would be the filing date of the earliest patent . . .
For this purpose, an "earlier right" means an unregistered trade mark or other sign continuously used in relation to goods or services by a person or a predecessor in title of his from a date prior to whichever is the earlier of -
Ultimately, a prior user is an individual who either began using the trademark or applied for registration before the current applicant/registrant . The Lanham Act, Section 7(c), establishes that the filing date for a federal trademark application is the owner's date of constructive use of the trademark . This establishes nationwide priority over everyone except someone who began using the trademark prior to the application date .
Section provides that a proprietor of a trade mark does not have the right to prevent the use by another party of an identical or similar mark where that user commenced prior to the user or date . . .
Use Assignments on the Web (AOTW) to search the database of all recorded Trademark Assignment information from 1955 to the present ( Trademark Assignments recorded prior to 1955 are maintained at the National Archives and Records Administration) . Assignment records can also be searched in the Public Search Facility .
Under Section 7(c) of the Trademark Act, the date of filing an application, whether based on actual use or intent to use, establishes a registrant's date of "constructive use," establishing nationwide priority except against a person who began use (or applied for and ultimately obtained registration) of the mark prior to that date .
The Defendant contended that the trademark 'NO TURN' had been used by the Defendant since the year 2007 prior to the filing date of the application by the Plaintiff for registration of its trademark in the year 2008 . Thus, the Defendant claimed itself to be the prior user of the trademark 'NO TURN' and claimed for the protection of its rights, in the absence of registration, under Section 34 of the Trademarks Act, 1999 .
Trademark rights are private rights and protection is enforced through court orders . What kinds of trademark can be registered? A word or a combination of words, letters, and numerals can perfectly constitute a trademark . But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods . . .
If an applicant for registration of a trademark or his successor desires to enjoy the right of priority on grounds of a previous application deposited with another country which is a member of an international multi-lateral treaty to which the Kingdom is a party or another country which treats the Kingdom reciprocally, he shall enclose with his application a statement wherein he mentions the date and number of the previous application and the state wherein he deposited the application .
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Prior Dating Trademark