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What is the first-to-use trademark rule?

Written by Jan Buza

Co-founder of Trama

The first-to-use rule means that trademark rights are established through actual commercial use of the mark rather than through the act of registration alone. In these jurisdictions, the party that first uses a mark in commerce in connection with specific goods or services holds priority over later users and filers, even without a registered trademark.

The US, Canada, and a small number of other countries use this system. In the US, for example, prior commercial use in a geographic area gives the user common law rights in that area, which can be used to challenge a later applicant's registration in the same territory. However, a federal registration still significantly broadens and strengthens those rights compared to unregistered common law use.

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