Written by Tomas Orsula
Senior Trademark Attorney
In trademark law, "first to use" refers to a system where priority right to a trademark is granted to the entity first using the mark in commerce, as opposed to the "first to file" system, where what matters is being the first to file a trademark application.
In practice, in a first-to-use country, registration is still typically awarded to the first applicant (unless other issues are rendering the mark unregistrable), with the difference of the mark's earlier user being able to come forward and oppose the application.
Since the first-to-file system is more clear-cut, only a minority of countries adopt the first-to-use system.
In which class do we need to register our trademark if we run a hotel?
Which class should I use for trademarking our HR consultancy services?
Should I also consider my future expansion plans when selecting the classes for the trademark?
Is it better to register as many trademark classes as possible?
How does the USPTO act in case of a likelihood of confusion?
Can I apply for the trademark even if it's not used in commerce yet?
Do I have to wait until I get my trademark certificate to start using the ® symbol?
Do I have to use my trademark in commerce before applying for an EU trademark?
How can I ensure the descriptions of goods and services in my trademark application are correct?
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