First to Use

Intellectual Property
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This means that the first person / entity that actually made use of the mark in connection with the goods and/or services for which they’re applying, will obtain registration and may prevent others from using it. This is known as First to Use. Common law rights protect the owners of unregistered trademarks, and is generally superior to using the mark first, however, it is easier to enforce registered trademarks than common law. Most African countries are protect trademarks that are filed first, but most of these allow challenges based on earlier goodwill obtained through use.

Some of the First to Use Countries in Africa

South Africa
Eswatini (formerly Swaziland)