For businesses taking a brand overseas, the timing of foreign trademark applications after the initial Korean filing is an important strategic decision.
There are many cases where a brand is first applied for domestically and then prepared to enter overseas markets such as the United States, Japan, China, and Europe. However, if the preparation period is prolonged, a situation may arise where a third party applies for the same or similar trademark first.
A system that can be used to reduce these risks and secure the priority status of domestic applications overseas is the Treaty Priority Claim.
By using the treaty priority claim, you can claim the first domestic trademark application date as the priority date in overseas applications if certain requirements are met.
In this article, we will look at what the treaty priority (Paris Convention priority) claim system used in the trademark field is, when it should be used, and why it is important in overseas trademark strategy.
What is the treaty priority (Paris Convention priority) claim system?
Treaty priority claim is a system recognized under international treaties such as the Paris Convention, which allows a person who first applied for a trademark in one country to claim the first filing date as the priority date if he or she applies for the same trademark in another country within a certain period of time.
Article 46 of the Trademark Act stipulates the claim of priority according to the treaty, and the same applies when a Korean citizen applies for a trademark in a country that recognizes priority according to the treaty.
For example,
- March 1, 2026: Korean trademark application
- July 20, 2026: U.S. trademark application
If you proceed, you can claim March 1, 2026 as a priority date in your U.S. trademark application if you meet the treaty priority requirements.
In other words, although the actual U.S. filing date is July 20, 2026, priority can be recognized based on the first domestic filing date in trademark examination and rights judgment.
This system operates based on Article 4 of the Paris Convention, an international treaty for the protection of industrial property rights, and plays an important role in overseas brand protection strategies.
Why treaty priority is important in overseas trademark applications
Most countries adopt a first-to-file system for trademarks.
Under a first-to-file system, priority generally depends on who files first, subject to each country's rules and exceptions.
Therefore, if a competitor or a third party applies for the same or similar trademark first in the process of preparing for an overseas application after filing a trademark application domestically, difficulties may arise in using the brand or registering the trademark in the overseas market.
By using treaty priority, you can establish a more stable overseas trademark protection strategy by securing a reference date for determining rights overseas based on the date of first domestic application.
If you are a company like this, you should review treaty priority rights.
1. Companies preparing to expand overseas
If you plan to launch your brand in Korea and then expand your business to overseas markets such as the United States, Japan, China, and Europe, it is recommended to review your overseas trademark registration strategy from the domestic trademark application stage.
2. Companies about to participate in overseas exhibitions
When a product or brand is released to an overseas market, brand awareness can increase, while also increasing the risk of trademark preoccupation by a third party.
3. Companies preparing for overseas export contracts
Securing brand rights in the country before signing a contract with an overseas client is important for stable business operations.
4. Startup that fosters global brands
If you are a startup planning to expand overseas after attracting investment, it is necessary to establish a country-specific trademark protection strategy from the early stages.
Treaty priority claims must be made within 6 months from the date of initial filing.
To claim treaty priority, you must file an overseas application within six months from the date of the initial trademark application.
If this period is exceeded, in principle, treaty priority cannot be claimed.
Therefore, if you are planning to file an overseas trademark application, it is important to review the overseas expansion schedule and country-specific application plan from the time of domestic application.
In particular, if you plan to enter multiple countries at the same time, you must establish an application strategy taking into account each country's trademark system, cost, examination period, etc.
What you need to check to claim treaty priority
Treaty priority is not automatically recognized simply based on the fact that a domestic application is filed; certain requirements and procedures must be met.
- Make sure it's the same brand
The trademark applied overseas must be the same as the trademark for which the first application was filed, and the scope of priority recognition is also related to the content of the first application.
- The scope of designated goods and designated services must be reviewed.
Since treaty priority is recognized in relation to the scope of the initial application, it is important how designated goods and designated services are established at the domestic application stage.
- You must indicate your intention to claim priority when filing your application.
In order to have treaty priority recognized, the purpose of claiming priority must be indicated during the overseas application process.
- You must submit the required documents on time
Depending on the country, you may be required to submit related materials, such as a document proving the filing date issued by the country of initial application, so you must check the procedures for each country.
- We need to review each country's trademark system together.
Although treaty priority is an internationally recognized system, actual trademark registration is determined by each country's trademark laws and examination standards.
- The application method must also be considered.
When applying for an overseas trademark, it is important to choose the method that suits your business plan between the individual country application method and the Madrid international trademark application method.
Claiming treaty priority does not guarantee trademark registration.
Treaty priority is only a system to recognize the priority date based on the first filing date, and is not a system that guarantees overseas trademark registration itself.
Whether or not to register an overseas trademark is determined according to the examination standards of each country.
- Presence of prior trademark
- Distinctiveness of the trademark
- Relationship with designated goods
- Reasons for registration restrictions by country
Comprehensively review the following.
Therefore, in an overseas trademark strategy, it is necessary to consider not only whether to claim treaty priority, but also the selection of the country of application and the feasibility of trademark registration.
For overseas trademark protection, simply deciding in which country to file is not enough. When to file and how to connect domestic and foreign applications are important elements of global brand protection.
If you properly utilize the treaty priority (Paris Convention priority) system, you can respond to the risk of brand preemption by securing a preferential standard for determining rights overseas based on the date of first domestic application.
However, treaty priority rights can only be used within a limited period of 6 months from the date of initial application, and procedures and requirements may vary by country, so it is advisable to establish a strategy with an expert from the early stage of overseas expansion.
If you are preparing to enter the overseas market or considering a global brand protection strategy, please consult with an expert to come up with an efficient trademark application strategy that suits your business direction.
This article reflects the information available when it was published. Contact us to discuss your circumstances.