How to Submit a Declaration of Priority Claim and Supporting Documents?

According to Articles 25 and 26 of the current Trademark Law of the People’s Republic of China, trademark applicants entitled to priority shall make a written declaration at the time of filing a China trademark application and submit the corresponding supporting documents.

Under the provisions of Article 25 of the Trademark Law, when requesting priority rights, the applicant shall submit simultaneously the priority right proof documents (including the original and a Chinese translation); if the priority right proof documents cannot be submitted simultaneously, the applicant shall select “priority right proof documents to be submitted later” and shall submit them within 3 months from the date of application. Failure to make a written declaration or to submit the priority right proof documents within the prescribed period shall be deemed as not requesting priority rights.

Priority right proof documents refer to the copy of the first application file for China trademark registration submitted by the applicant, which shall be certified by the trademark competent authority that has accepted the application, and shall indicate the date and number of the application.

Under the provisions of Article 26 of the Trademark Law, when requesting priority rights, the proof documents and other materials to be submitted by the applicant are the same as those required under the provisions of Article 25 of the Trademark Law for requesting priority rights.

Priority right proof documents should contain the name of the exhibition where the applicant’s goods were displayed, evidence of the use of the trademark on the displayed goods, the exhibition date, etc. Priority right proof documents are generally issued or certified by the organizer of the exhibition. (Content excerpted from “Compliance Practices in China Trademark Agency Operations”)