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.
If my trademark is rejected for consisting merely of a surname, can I do anything?
I have received an office action from the USPTO. What should I do?
If I file my trademark on an intent-to-use basis, can I provide the specimen later?
How can I overcome a Section 2(c) refusal of my trademark application?
Should I file my trademark on an intent-to-use basis or wait until I start selling?
Can I submit new evidence or information as a part of an office action response?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
