How to Secure Trademark Priority for Your Brand

Why Entrepreneurs Must Understand How to Secure Trademark Priority

In the United States, trademark rights are primarily based on use in commerce. This means the person who uses a mark first in the ordinary course of trade generally wins the rights to it. This is known as being the "senior user."

Priority is the single most important factor when assessing who has superior rights to a particular trademark. If you cannot prove your rights pre-date a competitor's, you may be unable to stop them from using your name, logo or slogan. Worse, you may be forced to change yours.

The Strategy for Ohio Common Law vs. Federal Trademark Priority

Let's say you start selling your product or service only in Columbus. It’s early in the life of your business, so you don’t bother pursuing a federal trademark registration. In this scenario, you gain "common law" rights. While this is a start, these rights are usually limited to the specific geographic area where you operate. If a competitor in Cleveland or Cincinnati files a federal application for a similar name or logo, they could effectively "fence you in." In doing so, your business may never be able to expand across the state or the country. This is why knowing how to secure trademark priority involves looking beyond the local level to federal protection.

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