When to File Trademark Applications Outside of the U.S.

Many countries grant priority to an application that is filed within six months of the first filing of the US application. These applications will be considered as having been filed as of the US or other priority filing date. A priority filing date can be advantageous because in many countries, the first to file will be awarded the registration over a prior user of the mark. In addition, certain procedural advantages may be gained in various countries by reason of the foreign priority.

It is important to realize, however, that unlike foreign patent applications, foreign trademark applications can be filed at any time, as there are no on sale bar or disclosure dates that can limit a trademark holder’s ability to secure registered trademark rights.

Thus, if the priority foreign filing date is missed, all is not lost. One approach is to file applications in tiers, so that the cost of international filings can be spread out over several months and, in many cases, years.