Does priority filing also give you a longer time to demonstrate the Use in Commerce in the US?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

No, having a priority filing in the US only changes the priority date assigned to your application. It doesn’t affect any procedural deadlines, including an SoU filing.

If you file a US application claiming Paris Convention priority from an earlier foreign application, the USPTO treats the application as if it had been filed on the foreign filing date for purposes of establishing rights relative to later applicants. But the internal clock for the Statement of Use process starts from the Notice of Allowance date, not the priority date, and the standard deadlines apply regardless of whether priority was claimed.

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