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Is EU First-to-file or First-to-use?

Senior Trademark Attorney

The EU is a first-to-file jurisdiction. Unlike the US, priority rights are given to whichever entity files its application first, regardless of who was the first to use it in commerce.

Because of this, when two parties claim rights to the same or confusingly similar mark at the same time, the one that filed first (or holds an earlier national registration) has priority. Prior use in the market does not override a later applicant's filing date. This is the approach used by the majority of the world's trademark jurisdictions, and contrasts with first-to-use systems like the US, where prior commercial use can establish rights independent of registration.

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