Page 206 - مجلة الملكية الفكرية العدد كامل

‫العدد الثالث‬- ‫مجلة ثقافة الملكية الفكرية‬
In first-to-use countries,
the owner of the trademark
is the person who is the first
to use the trademark in the
marketplace, irrespective of
whether the trademark has
been registered. The rights
arising out of such actual
use are often referred to as
“common law” or “unregis-
tered” trademark rights27.
This system is character-
ized by the benefits enjoyed
by prior users. They can28:
Opposition of applicants: In
a USA opposition proceed-
27 “Making a Mark - An Introduction
to Trademarks for Small and Medi-
um-sized Enterprises”, op. cit. p.p.
29-30.
28MercyMunachimso
Nwaogazie “First to file v first to
use: comprehensive analysis of both
systems in the context of trademark
registration” Article Available at:
https://blog.ipleaders.in/first-to-file-v-
first-to-use/ Last visit: June 24, 2023.
At: 11:53 AM.
ing, Blast Blow Dry Bar LLC
v. Blown Away LLC d/b/a
Blast Blow Dry Bar, the op-
poser alleged the likelihood
of confusion and prior use.
The applicant could only rely
on the date of filing (i.e., the
date of constructive use), on
the other hand, the opposer
depended on its promotion-
al and hairstyling services
(both before the applica-
tion date) to establish actual
use. so the opposition was
upheld.
Cancellation of a trade-
mark: A prior user can can-
cel a registered mark upon
proof of prior rights. In a USA
Trademark Trial and Appeal
Board (TTAB) proceeding
named Boi Na Brasa LLC v
Terra Sul Corporation a/k/a
Churrascaria Boi Na Brasa,
this issue arose. The prior
206