Written by Jan Buza
Co-founder of Trama
According to the first-to-file principle, the owner of the mark who first files their application with the IP office has priority over anyone using the same/confusingly similar mark on the same market. Moreover, the owner has priority over anyone who wishes to register identical/confusingly similar marks for identical/similar goods and services within the same country. This rule applies even if a third party claims prior use of the trademark.
In first-to-file systems, the date of filing holds more importance than the first date of commercial use. For this reason, it is crucial to file your trademark application as soon as possible, even if you are not commercially active yet.
In general, the majority of countries adopt the first-to-file system. Countries that adopt this system include the EU, the UK, Brazil, China, Japan and others. Only a small percentage of countries adopt the approach based on first-to-use rights.
What does "Identification of Goods/Services" in my office action mean?
What's the difference between the use-in-commerce and intent-to-use basis?
If I register a trademark under my personal name, can I later change it so that my business owns it?
How do I ensure that my logo is suitable for trademark registration?
I would like to register a trademark under my LTD name, and not as a person, is it possible?
Which type of a trademark offers a better probability for approval by the IPO - word or logo?
Shall we register a word trademark, image trademark, or a combination?
I want to register a NZ trademark in one class; how much would that cost?
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