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Is US First to use?

Founder & Trademark Attorney

Yes. The US operates under a first-to-use trademark system, in which rights are established through actual use of the mark in commerce rather than registration alone. The party that is the first to commercially use a mark generally holds superior rights to it, although there are numerous caveats and exceptions.

This is one of the relatively few major jurisdictions using the first-to-use system. Canada, Australia, and India also follow this approach. Most of the rest of the world, including the EU, UK, and China, uses a first-to-file system, where filing date determines priority regardless of prior commercial use.

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