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What does "First to use" mean in trademark law?

Senior Trademark Attorney

"First to use" is a trademark registration system, wherein trademark priority is given to the party who first commercially uses a trademark, rather than the party who was the first to file their application. The right to the mark is established through actual commercial activity, not through the filing date.

Most trademark jurisdictions don’t have a first-to-use system, but instead prefer the first-to-file system. The most notable exceptions to this rule are jurisdictions like the US and Canada. However, even in first-to-use countries, registration provides substantially broader and more enforceable rights than relying on prior use alone.

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