Question

Trademark rights in the United States exist from use of a trademark in interstate commerce. The first person to use the trademark is the owner. However, in the European Union, mere use does not create ownership. It is necessary to register the trademark in order to own it. Which method is better, in your opinion: The first to use or the first to file? Why?

Answer 1

I believe both have its own distingushed adavantages disadvabtages with supporting views.

But I personally feel that first to register should be given the sole right to use the trademark, because the registration process can be started at any time/stage so the owner have the complete right of control right from the start, if he was really serious and cautious he can register at the intital stages rather than any other third person copying and registering the same in the mean time. As the process of registration gives the official authority with legitimate proof rather than concentration on first use basis, because there is a high chace that in the first use basis trademark allocation that the owner registered might not own the ownership from start he might have copied from others

So believe the first to file should be the appropriate criteria in allocating trademarks