How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. A common law trademark refers to the rights belonging to the first person or […]
Articles Tagged: trademark priority
First trademark filer or user: Who gets trademark rights?
Do US trademark rights go to the first trademark filer or user? Many foreign countries use a first-to-file system for trademark registration and protection. Whoever registers a trademark first has rights regardless of whether they were first to use the mark. In fact, some countries do not require any use to register a trademark or […]
Why an early trademark filing date matters
Why does an early trademark filing date matter? US trademark law generally regards the first trademark user, and not the filer, as the rightful owner. This distinction makes the US different from many foreign countries which provide the first filer with trademark rights. So if earlier trademark use is the determining factor, why should a […]
What is trademark priority?
Trademark Priority: Determining Who Was First Trademark rights in the US generally belong to the one who was first to use the mark in commerce. Whoever was first to sell goods or services under a particular mark will typically be deemed the rightful trademark owner. This is known as trademark priority. There are some exceptions […]
How to File a US Trademark Application Based on a Foreign Application or Registration
US trademark application based on a foreign trademark application or registration? An owner of a foreign trademark filing may apply for the same mark in the US. The most critical issue to determine upfront is whether the foreign filing is a pending application [Section 44(d)] or a registration [Section 44(e)]. If a foreign application is pending, then […]