Written by Jan Buza
Co-founder of Trama
The lesser spread first-to-use trademark system states that a priority right is given to the brand owner who has been using the mark on a given market before other brand owners, even if this mark has not been protected by a registered trademark.
Let's say there is a brand owner of "ABC clothing", Chris, who has been active in the Canadian market for one year. A brand with an identical name - "ABC clothing" - is created in a year by Kate. Kate decides to file a trademark registration with the Canadian IP office to protect her rights.
Based on the first-to-use trademark rule, Christ has the right to that name. However, if he fails to notify the Canadian IP office in time, Kate will be granted the trademark. When examining Kate's mark, Canadian examiners will assess only those brands with a pending or registered status in their database and not those merely used in the market.
Canada, the USA and Australia adopt the first-to-use system; however, there are some differences when applying this rule in each of these markets.
What can I do to improve the distinctiveness of my trademark?
What's better - registering the name or logo as a trademark?
How much does adding a class to my JP trademark application cost?
What is the price for 2 or more trademark classes in Australia?
How long does it take for a trademark registration to be completed?
Can you get someone to stop using their domain if it's similar to your trademark?
How much does adding a class to my Chinese trademark application cost?
Is there any drawback to using the Madrid System when registering an international trademark?
What's the difference between registering a trademark through USPTO and WIPO?
What are the advantages of registering a trademark under our business name?
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.
