Which of the following statements is true of the principle of first in time equals first in right regarding trademark rights in the United States?
A) It is enough to have invented the mark first.
B) It is enough to have registered the mark first.
C) It is based on the priority of its use in any other country.
D) It is bound by the territoriality principle.

Question

Quizplus · Accepted Answer

A fundamental principle of trademark law is first in time equals first in right. Under the principle of first in time equals first in right, priority ordinarily comes with earlier use of a mark in commerce. It is not enough to have invented the mark first or even to have registered it first. This is because of the territoriality principle, which says that priority of trademark rights in the United States depends solely upon priority of use in the United States, not on priority of use anywhere in the world. Earlier use in another country usually does not count.

Which of the Following Statements Is True of the Principle