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

  • use may demonstrate the mark’s acquired distinctiveness
  • use may help overcome an opposition on the grounds of non-distinctiveness
  • the “first to use” rule is effective which means that the first person to use a mark obtains all legal rights to it even if another party registers the mark at a later date
  • it may possibly stop third parties from using an identical mark

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