Trademark filing system in the world divides into two filing systems: first-to-file and first-to-use.
To begin with, a trademark is a symbol, word, image, letter, or combination of all. It is a brand used by the manufacturer or a company to distinguish itself from other major corporations. Also, it serves as a brand identity for an organization. After a while, it represents your products or services and your organization’s reputation. For further info on trademark, please visit What is TRADEMARK? – 1stIP.com.
The ‘first to use’ system recognizes an unregistered brand being used as a trademark and confers rights on the owner although these are typically weaker than the equivalent registered rights. The ‘first to file’ system rules on the principle of first-to-file which means that the right to the trademark belongs to the business whose trademark application has the earliest date of filing regardless of the fact when the trademark was first used in commerce.
Moreover, the more distinctive your trademark is, the more powerful it can be and the more likely it is to be registered. In fact, on a scale from highly fanciful to purely generic, the more generic your trademark is, the less protection it will offer and the less registrable it becomes.
Papua New Guinea
Trinidad & Tobago
Many of these registries will have specific limitations and conditions regarding first-to-use rights and it is virtually always the case that registration of a brand as a trademark will confer stronger and less disputable rights than relying on use in any event.