Understanding Prior Use in Trademarks

Prior use in Trademark refers to the usage of a trademark by an entity or person before it is registered by someone else. In simple terms, if a business has been using a particular trademark for its goods or services for a considerable period before another party tries to register the same or a similar mark, the original user may have the right to continue using it. This is true even if the second party has obtained legal registration for the mark.

The doctrine of prior use is based on the principle of “first in time, first in right.” It recognizes that the original user of a trademark has established goodwill and reputation associated with that mark and it would be unfair to deprive them of the benefits they have accrued over time.

You May Like More: