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Which countries are 'First to file'?

Senior Trademark Attorney

Most countries use the first-to-file system. With this system, priority rights are given to parties who were the first to file a trademark application. Some of the most notable jurisdictions using this system include the EU, UK, China, Japan, Germany, France, Brazil, Australia, South Korea, Switzerland, and most countries in Africa, Asia, Latin America, and Eastern Europe.

The prominent exceptions that use the first-to-use system are the US, Canada, and a small number of other countries, where prior commercial use can establish trademark rights independent of registration.

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