THE fundamental principle of any intellectual property right is FIRST-IN-TIME IS FIRST-IN-RIGHT. More specifically, the trademark law follows the FIRST-TO-FILE RULE. Thus, whoever files a trademark application first obtains the exclusive right to a registration.

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As such, it is imperative that applications are filed at the earliest possible time before a similar or identical mark is filed by another entity for related goods or services.

The reckoning date is not the date of registration but the date of filing.

(clint.fabiosa@iprotect.ph / analiza.villamor@iprotect.ph)