Priority Claim Must Be Filed Within Six Months of Foreign Filing

An applicant must file a claim of priority within six months

after

the filing date of the foreign application.

15 U.S.C.

§1126(d)(1)

;

37 C.F.R.

§§2.34(a)(4)(i)

,

2.35(b)(5)

; Paris Convention Article 4(C)(3). The applicant can submit

the priority claim after the filing date of the U.S. application, as long as the claim of

priority is submitted within six months of the foreign filing and the claimed priority date

is earlier than the filing date of the U.S. application.

Example:

If an eligible applicant files in France on December 6, 2011,

and in the United States on January 12, 2012, the applicant can add a priority claim to

the United States application on or before June 6, 2012, if the applicant meets the

requirements of §44(d). The applicant cannot add a priority claim to the U.S. application

after June 6, 2012.

If an applicant claims priority under §44(d), but does not

specify the filing date of the foreign application, the examining attorney must require that

the applicant specify the date of the foreign filing.

If the applicant submits a claim of priority more than six

months after the date of the foreign filing, the examining attorney must advise the

applicant that it is not entitled to priority.

See

15 U.S.C.

§1126(d)

;

37 C.F.R.

§§2.34(a)(4)(i)

,

2.35(b)(5)

. If the applicant has not claimed another filing basis, the

examining attorney must require the applicant to claim and perfect an acceptable basis

before the application can be approved for publication or for registration on the

Supplemental Register. See

TMEP

§1003.03

regarding registration basis for §44 applications and

§806.03

regarding amendment of the basis. The examining attorney

should ensure that the priority claim is deleted from the Trademark database, and should

conduct a new search of USPTO records for conflicting marks

ble basis

before the application can be approved for publication or for registration on the

Supplemental Register. See

TMEP

§1003.03

regarding registration basis for §44 applications and

§806.03

regarding amendment of the basis. The examining attorney

should ensure that the priority claim is deleted from the Trademark database, and should

conduct a new search of USPTO records for conflicting marks.

If the priority period ends on a Saturday, Sunday, or Federal

holiday within the District of Columbia, the priority claim may be filed no later than the

following day that is not a Saturday, Sunday, or a Federal holiday within the District of

Columbia. Paris Convention Article 4(C)(3);

35 U.S.C.

§21(b)

;

37 C.F.R.

§2.196

.