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What does "First to file" mean in trademark law?

Senior Trademark Attorney

"First to file" means that trademark rights are granted to the applicant who files the trademark application first, regardless of whether they have ever used the mark in commerce. Priority belongs to the earliest filer, not the earliest user.

Most countries use this system. The practical consequence is that delaying filing creates a window during which a third party could register the same mark and legitimately hold rights over it, even if you were already using it commercially.

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