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I know of a similar already registered trademark in the same class, but I have started trading before them. Does this make any difference?

Written by Jan Buza

Co-founder of Trama

Being commercially active before a registered trademark owner is not relevant in most jurisdictions, since most countries follow the first-to-file system. The earlier registered mark has priority regardless of who used the name first. The filing date determines rights, not the date of first commercial use.

However, in first-to-use jurisdictions like the US, prior commercial use is very important. If you can demonstrate prior use in US commerce that predates the other party's registration, you may have grounds to challenge their registration. However, proving prior use and its geographic scope requires documented evidence and is significantly more complex and costly than a registered right.

In both cases, the situation should be assessed by a trademark attorney before proceeding.

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