The devil
is in the
Priority.
The devil
is in the
Priority.
from
What happens if you file a trademark opposition against a younger trademark but it has a priority that is a few weeks older? An EUIPO decision shows why thorough work is essential when filing oppositions and why priorities should not be disregarded.
Two trademarks, one decisive time difference
A Swedish woman applied for an EU trademark at the EUIPO on 19.12.2024.
Her opponent, a Belgian association, had already filed a Benelux trademark application on 11.11.2024. On this basis, it later designated the European Union in an international registration.
When the Swedish company filed an opposition against this trademark, the EUIPO quickly recognized a fundamental problem. Its own trade mark application was dated 19.12.2024, whereas the opponent’s international registration had an effective priority date of 11.11.2024, i.e. more than five weeks earlier.
Why priority is so crucial
Trademark law follows a simple basic principle: whoever applies first has the stronger law. In the European trademark system, this date can be artificially brought forward if an EU-wide extension of protection follows within six months of an initial national application. This instrument is called priority.
In the decision of 18.02.2026 – B 3 248 622 , the EUIPO carefully examined the priority claim of the Belgian association: same owner, identical trademark, identical goods and services and application within the six-month period. All requirements were met, so the priority was recognized.
With this finding, the matter was decided. An opposing trademark that was filed after the challenged trademark cannot be an “earlier law” within the meaning of the EU Trademark Regulation. It is simply too young to support an opposition.
Conclusion
This case shows how a lack of diligence can turn into a boomerang. If the priority had been checked before the objection was lodged, it would probably never have been lodged.
The case also shows that before applying for an EU trademark, a trademark search should be carried out in all EU Member States in order to identify commercial designations that are not applied for or registered in the EU itself but in individual Member States and for which the six-month period for claiming priority has not yet expired.
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