Pre-emptive right means preferential right. Pre-emption is used in the same sense in trademark law. If an individual/institution applies for registration of a trademark in 192 countries including France, England, Germany, Russia, Bulgaria, Netherlands, Belgium, China, India, USA, which signed the Paris Convention and World Trade Organization Establishment Agreement which protect the Trademark and Patent Rights and request a certificate for the pre-emption during the application, it has the pre-emptive right.
In trademark law, there is a second way to gain the pre-emptive right, apart from the application; this way is that the brand is already exhibited. In practice, this is called an exhibition priority. If the goods or services to which the trademark will be used are displayed in the exhibition with the visible trademark before the official opening date, the pre-emptive right appears.
The trademark owner can request pre-emptive right based on the first application, if the application is made to register the trademark in one of the States parties to the Paris Convention or World Trade Organization Establishment Agreement within 6 months after the application date using the pre-emptive right (the trademark is not expected to be registered and the 6-month period is entitled.).
In this case, the protection of the trademark begins with the first application for registration. Applications and registrations made by third parties during this 6-month period do not count.
To give an example for a better understanding, let's assume that pre-emptive right is taken on 01.01.2019 in France and an application is made for registration of an "a" trademark in 02.01.2019 with the pre-emptive right certificate, this application should be number 1. Then another person/institution applied for registration of trademark "a" on 04.01.2019 in Turkey' and registered, let's give this registration number to 2. If the trademark number 1 based on France applies for trademark registration with pre-emptive rights in Turkey, registration of trademark number 2 becomes unvalid.
Onal & Onal IP with its expert trademark and patent attorneys, which have been successfully serving as a trademark agent of international companies for many years in the field of trademark and patent, with its partners located in more than 150 countries abroad in international brand / patent registrations performs all kinds of processes of trademark and patent registrations.