Are there any benefits from a pre-filing use of the trademark?

  • It may demonstrate acquired distinctiveness of the mark.
  • It may help overcome an objection on the ground of non-distinctiveness.
  • The benefits are minimal since rights are largely established through registration.
  • Under the Ecuadorean Intellectual Property Law and Andean Community Decision 486, use as a commercial name may confer rights of use as of the date of first use.
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