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Are there any benefits from a pre-filing use of the trademark?

The following are benefits from pre-filing use:

 

  • Use may demonstrate acquired distinctiveness
  • Help to overcome an objection to a trademark application on the grounds of non-distinctiveness
  • While first use of the mark overrides first to file, the prior user must prove better rights in the mark by providing substantial evidence

 

Note: Prior use of the mark is not a requirement for filing.

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