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Your brand is your most important asset. Dive into our resources to guide you through the maze of trademark law and keep your brand safe and sound!

Who Really Owns a Trademark? First to Use vs. First to File

Mar 18, 2024

When it comes to trademarks, which are special symbols or words that represent your business, there's a common mix-up. Some people think that if you're the first to file for a trademark or to get it registered, you automatically own it. But in the United States, that's not exactly how it works.

Here's the real deal: it's all about who uses the trademark first, not who files for it first. If you're the first business to use a certain trademark, you're the one who has the main rights to it. Think of it like calling dibs on something. If you use it first, you have the right to claim it as yours.

So, you might wonder, why bother registering your trademark if using it first is what really matters? Well, registering your trademark is kind of like getting a birth certificate for your brand. Sure, your brand was "born" the moment you started using it, but without a birth certificate (or in this case, a registration), it's harder to prove when and how it came to be. Registering your trademark gives you solid proof of your rights to it. It's like having a record that clearly shows you were the first to use it, which can be super helpful if someone else tries to claim they have the rights to your trademark.

Getting your trademark registered doesn't give you the rights to it; those rights come from being the first to use it. But registration is super important because it provides strong evidence of your rights. It makes it much easier to protect your brand and handle any disputes that might come up. It's not just about laying claim to your trademark; it's about having the proof to back it up, keeping your brand safe, and making sure everyone knows it's really yours.

Are you ready?

Now, if you're ready to take that important step in safeguarding your brand, don't hesitate to reach out to Indie Law. We are specialists in trademark law and will handle the entire process for you. If you are unsure - Indie Law has secured over 900 trademarks for brands across the US and is 5* rated on Google with 130+ reviews from satisfied clients! Book a call with our knowledgeable and friendly team today, and we'll take care of everything, ensuring a smooth and successful trademark journey. So what are you waiting for? Start the process to protect your brand TODAY by giving Indie Law a call. Your brand deserves protection – let Indie Law make it happen!


Without Trademarks, You Have ZERO Rights to Your Brand!

We’re talking business names, logos, slogans . . . even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late. So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.

Wanna see it?