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.
What is the price of an additional trademark class in the US?
Would narrowing down the number of trademark classes reduce the scope of brand protection?
How much does adding a class to my AU trademark application cost?
What is the price for 2 or more trademark classes in Canada?
What extra costs can occur during the trademark registration process?
I want to register a Chinese trademark in one class; how much would that cost?
How long will it take to get the registration number for a trademark?
Do I need to run my business in the selected country to register a trademark there?
What is the price for 2 or more trademark classes in New Zealand?
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