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Does USPTO use the 'First to file' or 'First to use' rule?

Senior Trademark Attorney

The US uses a first-to-use system, which is unusual among major trademark jurisdictions. In the US, trademark rights are based primarily on prior use in commerce rather than prior filing date. The party that first uses a mark in US commerce generally has superior rights to the mark in the geographic area where that use occurred.

Obtaining a federal registration strengthens these rights and gives nationwide priority over subsequent users, even in areas where the registered owner hasn’t operated yet. Unlike the EU, UK, and China, the foundation of US trademark rights is use, not filing.

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