Written by Igor Demcak
CEO & Legal Mind
The first-to-use trademark system is adopted by the USA, Canada and Australia. However, according to the US trademark law, a first-to-use system does not apply fully, as there might be some exceptions to this ruling.
To illustrate how the first-to-use system works, let's imagine a scenario where Luke started selling his clothing under a specific brand name in the Australian market in January. Beth decided to use the same name for her clothing brand and started her sales in March.
Subsequently, Beth filed her trademark application in April. Luke would have legal grounds to oppose Beth's trademark application on the basis of his earlier common law rights since Luke had been using the brand name before Beth (since January). However, if Luke does not take any actions against Beth's application, her trademark will be successfully registered with the IP office.
Is there any other solution to an office action besides responding?
How much does adding a class to my CA trademark application cost?
Do I pay just once for the registration, or are there any fees for keeping the trademark?
What is the price of an additional trademark class in China?
Will obtaining a trademark in one member state allow me to block an EU trademark application?
Should I proceed with trademark registration if my mark has a high chance of refusal?
I want to register a Chinese trademark in one class; how much would that cost?
How much does adding a class to my NZ trademark application cost?
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.
Assign to
