{"id":7131,"date":"2021-10-12T08:27:51","date_gmt":"2021-10-11T22:27:51","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=7131"},"modified":"2021-10-12T08:27:52","modified_gmt":"2021-10-11T22:27:52","slug":"why-trade-mark-priority-dates-important","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/australian-application\/why-trade-mark-priority-dates-important\/","title":{"rendered":"Why Are Trade Mark Priority Dates Important?"},"content":{"rendered":"\n

When you begin drafting your trade mark application, you will probably see unfamiliar terms like ‘priority date’. It is essential to understand what a priority date is, whether you register your trade mark nationally or internationally. A trade mark priority date is the date that you filed your trade mark application with IP Australia. This article outlines why priority dates are essential when a trade mark dispute arises.<\/p>\n\n\n\n

Trade Mark Priority Date<\/h2>\n\n\n\n

Put simply, a trade mark priority date is the date that you filed your trade mark application with IP Australia<\/a>. This means that IP Australia will prioritise your application over others that are filed after this date. For instance, if you file for a trade mark in September and someone files a similar mark in December, you will take priority. Consequently, IP Australia is more likely to reject your competitor’s later application. Similarly, IP Australia can reject your trade mark application that has a later <\/em>priority date if it is similar or identical to a trade mark application with an earlier <\/em>priority date. <\/p>\n\n\n\n

Note: your trade mark priority date is separate from the date IP Australia accepts your application for registration. For example, if IP Australia approved your application in September that you filed earlier in March, the priority date for your application would be March. From your priority date to your registration date, you cannot enforce your exclusive rights to your mark. You can only enforce your rights from your priority date after your mark has been registered.<\/p><\/blockquote>\n\n\n\n

Facing Rejection From IP Australia<\/h2>\n\n\n\n

Under the Trade Marks Act<\/em>, IP Australia can reject your trade mark application if it is substantially identical or deceptively similar to a trade mark application with an earlier priority date.<\/p>\n\n\n\n

To determine whether the marks are substantially identical, IP Australia will make a side-by-side comparison of both marks. Even if the marks are not identical, they may still be deceptively similar. Here, IP Australia determines whether someone of ordinary intelligence and memory would be deceived by the impressions from either mark. Priority dates can largely determine whether IP Australia approves or accepts your application.<\/p>\n\n\n\n

If your application has a later priority date, you can still provide a declaration to prevent rejection. To do this, you must show evidence that you:<\/p>\n\n\n\n