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Trademark Priority

trademark priority

Trademark Priority Claim

Trademark priority is earned either through official trademark registration or by becoming the first official user of the trademark in commerce. If you have used your trademark in commerce, you have likely become the “senior user” of your trademark within the geographic area you have done business.


To earn rights to your trademark that extend to the rest of the nation, you must obtain a federal registration of your mark. You will be able to enforce your trademark rights in any part of the country, unless another user is the senior user  of that mark in a specific geographic area, due to its prior use in commerce in a geographic area.


To claim your trademark priority or learn about the extent of trademarks rights you have earned through use in commerce, please schedule a consultation with one of our experienced intellectual property attorneys. Fahey Schultz Burzych Rhodes PLC is a Michigan law firm experienced in handling intellectual property registration and disputes.

Trademark Priority Dates

A trademark priority date is established once your application is filed. Although the application process may take anywhere from 6 months to a year, your initial application will give you a priority date that allows you to retroactively enforce your trademark rights once your application is approved.


 

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