Priority date
Your place in the queue against later filers.
Usually your filing date. It determines who has the earlier claim if two similar applications collide. Filing sooner rather than later is mostly about securing this date, which is why an intent-to-use filing can be worth making before launch.
Why it matters to your application
In a dispute between two similar marks, this date usually decides who is in front. It is why the cheapest thing you can do for a brand you intend to keep is file earlier rather than waiting for the business to feel ready.
In order
- File as soon as the name is settled, rather than waiting for launch.
- If you are not selling yet, use an intent-to-use basis to secure the date now.
- If you have a qualifying foreign filing, check whether you can claim its earlier date.
- Record the date somewhere you will find it. It is the fact you will cite in any later conflict.
How this plays out
Two businesses adopt similar names within weeks of each other. Neither knows about the other. The one that filed first is in front - not because it was more careful about clearance, but because it filed in March rather than in August.
About priority date
Is my priority date the day I started using the name?
For a federal registration it is normally your filing date. First use matters for common law rights, which are a separate and more limited thing.
Can I claim an earlier date from a foreign application?
In some cases yes, where a qualifying foreign application was filed within the preceding six months.
Does a later filer ever win?
It can happen - for example where the earlier filer never genuinely used the mark. But the earlier date is the stronger starting position by a wide margin.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.
Others you will meet at this stage
Allegation of use
Proof you have started actually selling under the mark.
FilingApplicant
The person or business that will own the registration.
FilingBasis for filing
Why you are entitled to file: you use it, or you intend to.
FilingClass
The category your goods or services fall into. Fees are per class.
Filing