Is US First to use?

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Written by Igor Demcak

Founder & Trademark Attorney

Yes, the US is a so-called "First to use" country, together with Canada, Australia or India. First-to-use system is less common than the first-to-file system, where priority rights are assigned to the entity first applying for a trademark.

In a first-to-use system, rights to a trademark are established by use rather than registration. If you are the entity first using the given mark in commerce, you might have priority over those who use the same mark later. However, you'd have to provide proof of this use.

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