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

Yes. A mark that was used prior to registration is qualified for legal protection if consumers can easily recognize the mark as being owned by the applicant. If another person tries to apply for its registration, it will be considered as application in bad faith. Pre-filing use also serves as a prima facie evidence of the mark’s distinctiveness. This will help the applicant overcome oppositions based on non-distinctiveness.

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