"First come, first served"? What trademark priority really means
Lawyers Elēna Sidorčika and Ieva Judinska-Bandeniece explain the priority principle in trademark law, noting that filing a registration application first does not automatically guarantee rights to a mark.
One of the core principles of trademark law is the so-called priority principle. When several individuals or companies seek rights to the same or a similar sign, priority in a dispute is generally given to whoever's rights to that sign arose earliest. In practice, this often means that the moment a party submitted its trademark registration application to the relevant authority can be decisive.
The saying "first come, first served" illustrates this principle in a simple, intuitive way — it suggests that being the first to act is enough to secure rights. However, according to the article's authors, lawyers Elēna Sidorčika and Ieva Judinska-Bandeniece, reality is more complicated. Simply being the first to file an application is not always sufficient to guarantee rights to a trademark.
A practical look through a company example
In their article, published in the Delfi Bizness section, the authors explore the topic through an example involving two companies engaged in a dispute over rights to a particular sign. This approach helps illustrate how the priority principle plays out in real business situations and what nuances entrepreneurs may encounter when trying to protect their brand.
The article is aimed primarily at business owners and others interested in understanding the basic principles of trademark law and the potential risks involved in registering or defending a brand. The authors emphasize that the trademark registration process, and disputes arising from it, can be more complex than a simple folk saying might suggest.
