Priority Claims

It is trite knowledge that IP rights are territorial rights. So one’s trade mark for instance is protected only within the territory (country or region) wherein it is registered.

Should a trademark already be registered and protected in another jurisdiction, the owner upon applying for registration in OAPI may (advisedly) claim priority so the registration, rather then having effect from the date of filing in OAPI, shall have effect from the date of the prior registration. This is very tactical, provided the application is filed within six months of the prior registration.

Here, priority is claimed by simply submitting the application file complete with the following documents/information: 1) priority claim, 2) country or region of prior application 3) date of application and 4) application number, all supported by (5) the priority document.

At SCP Global Africa IP, we have frequently had to work on a religious or public holiday to catch up with a priority deadline which fell on a non-working day.