T.M.E.P. § 1003.02
Priority Claim Must Be Filed Within Six Months of Foreign Filing

Executive summary:

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1003.02 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) and 2.35(b)(5). The applicant can submit the priority claim after the filing date of the United States application, as long as it is within six months of the foreign filing.

Example: If an eligible applicant files in France on December 6, 2004, and in the United States on January 12, 2005, the applicant can add a priority claim to the United States application on or before June 6, 2005, if the applicant meets the requirements of §44(d). The applicant cannot add a priority claim to the United States application after June 6, 2005.

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 refuse registration under §44 and advise the applicant that it is not entitled to priority. 15 U.S.C. 1126(d); 37 C.F.R. 2.34(a)(4)(i) and 2.35(b)(5). The applicant may amend the application to claim another basis. See TMEP §§806.03 et seq. regarding amendment of the basis. The examining attorney should ensure that the priority claim is deleted from the TRAM database, and should conduct a new search of Office 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 on 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.