Chapter 8: Madrid and the Paris Convention: Coordinating the Six-Month Priority Claim

Within the rule toolkit of the Madrid System, one key instrument does not originate from the Madrid Agreement itself but from the earlier Paris Convention for the Protection of Industrial Property.Six-month priorityThe seamless integration of both systems is the core of trademark timing strategy for global expansion.

What is priority?

The Paris Convention provides that an applicant who files a trademark application in one member country may claim priority for the same mark filed in other member countries within six months, with the filing date backdated to the first application. During this priority period, actions such as prior filings or public use by others generally cannot override the rights of the applicant claiming priority. The Madrid System adopts this rule: international applications may claim priority, and the priority date is recorded in the International Register.

Why Priority Rights Are Especially Critical for Madrid Applicants

A prerequisite for a Madrid application is the existence of a basic trademark (application or registration) in the country of origin, which must be transmitted to the International Bureau via the Office of Origin. This means that Chinese companies' Madrid applications are inherently built upon a domestic filing, making priority claim衔接 a standard procedure rather than an option.

A typical process is: file a trademark application in China → obtain the filing date → within six months, file an international registration via the Madrid System based on that application and claim priority → during examination by each designated country, the trademark's effective date is determined by the Chinese filing date. Its value lies inAnchor the global timeline start to the earliest filing date.to offset the time spent preparing for international filing.

Three Combination Strategies

First,File individual applications first, then follow up with Madrid.For high-priority core markets (e.g., countries with intense competitor activity or frequent trademark squatting), file individual country applications to secure the fastest registration. Within six months, extend coverage to other markets via the Madrid System while claiming priority rights. This hybrid approach balances speed and cost.

Secondly,Domestic Application + Madrid Protocol "All-in-One"Submit domestically and immediately launch the Madrid Protocol to designate all target markets at once. Ideal for companies with a clear market list and sufficient budget, offering the shortest management chain.

Thirdly,Wave-based layoutFor the initial application, file with the first wave of designated countries via the Madrid Protocol within six months. After business expansion, use the subsequent designation mechanism to add new markets at any time. Subsequent designations do not enjoy priority from the initial application, but core early markets are already protected, keeping risk exposure manageable.

Scenario Example (Non-Real Case)A smart hardware company plans to launch its new product simultaneously in Europe and the U.S. in the spring of the following year. It filed a trademark application in China in 10 of that year, and in 3 of the following year (still within the six-month priority window), it submitted an international registration via the Madrid System designating the United States, the European Union, the United Kingdom, and Japan while claiming priority. Even if a competitor had registered the same mark in Europe during this period, the company's application would remain in a stronger position due to its earlier priority date.

Three Operating Rules

First,The six-month window begins on the application filing date and cannot be extended.Failure to meet the deadline results in permanent loss of priority rights.

Second,Claiming priority must be declared in the international application.Accurately enter the country of first filing, filing date, and application number; there is limited room for post-hoc corrections.

Third,The name and design of the international application must match those of the basic application.Goods and services must not exceed the scope of the basic application; otherwise, priority claims or even the international application itself may be compromised.

Priority under the Paris Convention is a timely gift for enterprises going global; the Madrid System delivers this gift in bulk to over 100 countries. These two tools should be used together.