Claiming Priority

Under the Paris Convention, if you file your Canadian application within 6 months of filing in another country, your Canadian application can claim priority back to the earlier application.

In order to claim priority to an earlier application filed outside Canada, we require:

  • particulars of the application/registration (a copy is preferred), including the country where filed.
  • If the filing outside Canada is a pending application or an application filed within the past 6 months
    • The date of filing; and,
    • The application number.
  • If the trademark has already been registered outside Canada:
    • The date of registration; and,
    • The registration number.
  • Whether the trademark has been used in any other country of the union other than Canada: yes/no. If yes, which country?