When should I register my trademark?
Timing is everything, and this is especially true when it comes to trademark registration. Choosing to trademark your brand at the right time is much more important than you would think.
Is use in commerce required with EU trademarks?
Written by Igor Demcak
Founder & Trademark Attorney
No, a mark doesn't have to be used in commerce in the EU before getting a trademark. As a first-to-file jurisdiction, the EU grants priority rights to a trademark to the first entity to file the application, not the first one to use it in the market. This approach gives brand owners the option to start securing their rights before launching a product or service.
However, the EU's first-to-file system should be used in good faith to secure protection for a future business venture and not to prevent others from obtaining the trademark. For this reason, if a registered EU trademark has not been used in commerce for five years after registration, third parties can challenge the registration, which can result in cancellation.
Related questions
What if I received the Notice of Allowance but can't prove the use in commerce yet?
What is the difference between a Statement of Use and a Declaration of Use?
Does my EU trademark protect me globally or just within the EU?
What's the difference between registering a trademark through USPTO and WIPO?
If I register the US trademark, does this registration offer any protection outside of the US?
How does the timeline of previous approvals affect one's ability to register a trademark?
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