Common law priority arises from first actual use in commerce in a geographic area. Federal registration confers nationwide constructive use from the application filing date, subject to prior users' rights.
Intent to use applications establish constructive priority.
Alternative Names:
Priority of Use|Senior User Rights
Why it Matters?
Registration confers nationwide constructive priority from filing, which means a later actual user in a distant market loses to an earlier registrant despite having used the mark first in that area, and this is why clearance searches must cover federal registrations rather than only local usage. Prior common law users retain rights in their established territory as of the registration date, frozen at that geographic scope.
Frequently Confused with
Related terms
Frequently asked questions
What does registration confer?
What rights do prior users retain?
