Back to Trademark registration process

What's the difference between the "First to file" and "First to use" rules?

Senior Trademark Attorney

In first-to-file systems, trademark rights are granted to whoever files the application first, regardless of prior commercial use. The filing date establishes priority over anyone who files later. Most of the world uses first-to-file, including the EU, UK, China, and the vast majority of other jurisdictions.

In first-to-use systems, priority rights go to the party that first used the mark in commerce, even without a formal registration. The US, Canada, and a small number of other countries use this approach. In practice, registration still carries significant advantages in first-to-use systems: it creates nationwide rights and provides a much stronger basis for enforcement than unregistered common law rights.

Related questions

Answering all your trademark concerns

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth.

Stories of our clients: Take on Goliath

“A lot of businesses focus on the product: what's good about the product, what makes the product so different, the unique selling proposition. You hear these phrases all the time. Take On Goliath looks at things a little differently. We go far enough back to see what's needed to support the consumer, the retailer, the wholesaler, and then the brand itself.” Read the full story of Dave Christie, the founder of Take on Goliath, another inspiring brand protected by Trama that helps SME businesses be seen and heard more.

Taylor Swift's brand strategy: song lyrics as trademarks

Immensely famous pop star Taylor Swift does not only hold countless number of awards and musical praise, but also an impressive portfolio of trademarks. As she continues to trademark her most popular phrases, she ensures the continuous growth of her brand and her legacy.