A friend comes to you concerned about unauthorized overseas use of her company's mark in several Asian countries. Her company registered the mark with the U.S. government, and has used the mark for over five years. However, it seems that a foreign company has already registered the mark in several Asian countries. Generally, do you think your friend's company has a claim to the mark in those foreign countries?

Question

Quizplus · Accepted Answer

B) No, because foreign countries generally recognize the first to file the mark. This is the correct answer because many countries operate under a "first to file" system for trademark registration, meaning the right to a trademark goes to the first one who files for it, regardless of who first used the mark.

A Friend Comes to You Concerned About Unauthorized Overseas Use