Do you get superior rights to use a trademark when you are the first to file for registration with the United States Patent and Trademark Office? The earliest date of first use usually prevails, even over a federal trademark registration. To earn trademark rights, you must use the mark in a way that creates a sufficient association between your trademark, and your product, in the minds of the purchasing public. In mid-2015, EMC gave 84 presentations (each attended by up to 100 customers, partners, and potential customers) which used “Unity” for their products. As a result, the court held that Nexsan’s trademark application filed in U.S. Patent and Trademark Office qualified as the first legally recognizable “use” of the trademark in the United States.

Source: Forbes April 20, 2017 02:26 UTC