In United States, intellectual property law, a senior user of a trademark is the person or entity that first used the mark in a commercial setting. Senior users can typically claim priority to the mark over junior users, which are people or entities that use the mark after the senior user.
The United States operates on a “First to Use” system. This means that the owner of a trademark is determined based on who uses the product first in the market. Therefore, the senior user owns the rights to a trademark, regardless of whether they had registered it beforehand.
As stated above, the first person or entity to use a trademark is known as a senior user. Any subsequent users are usually referred to as junior users. These terms are especially important when it comes to common law trademarks.
A common law trademark is a mark that is protected before it has been registered with the government. In other words, a common law trademark protects product names, logos, and symbols that help uniquely identify a product, service, or brand without requiring registration with the United States Patent and Trademark Office (USPTO). It also provides business owners protection from infringement and helps consumers distinguish the source of a product or service by using the ™ symbol.
Unlike federally registered trademarks, which provide protection throughout all 50 states, common law trademarks are geographically limited and are only enforced in the specific area in which the mark is actually used.
Nonetheless, common law trademark laws offer a degree of IP protection, even to those who did not federally register their trademark. In fact, under Section 43a of the Trademark Act, even if the senior user of a trademark did not register his or her trademark with the United States Patent and Trademark Office (USPTO), he or she may prevent a junior user from further use of an infringing mark. Even if the junior user obtains a federal trademark registration, the senior user may still be able to claim priority.
Despite the above, it is highly advised to register your trademark with the USPTO. This is the best way to obtain long-term, federal protection for your intellectual property.
In a country that relies on a “First to File” trademark system, determining senior and junior users is crucial. Learn more about trademark priority and registration by contacting an Attorney at Law intellectual property lawyer.
