UK and EU registered trade marks are largely first-to-file systems. Filing date (or a valid priority date) usually decides who has the registered right. Earlier unregistered use can still matter, but the defences and opposition grounds are narrow and fact-heavy. TimeBinder® can date the files that show what mark you used and when. The file stays on your device; you get a checkable Proof of Time Certificate. A TimeBind shows that exact file existed no later than a recorded time. It does not show you own the mark, that use was genuine, or that a tribunal must accept your case. Free to start. This is general information, not legal advice. For Australia, see how to prove prior use of a trademark in Australia.
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UK: first to file, with a local prior-use defence
The UK Intellectual Property Office registers trade marks from the filing date once the essential filing requirements are met. Being first to use a name in the UK does not by itself give you a registration.
If someone else registers a conflicting mark, section 11(3) of the Trade Marks Act 1994 limits infringement: use in the course of trade in a particular locality of an earlier unregistered mark or sign is not infringement if that earlier right was continuously used from before the registered mark’s use or registration (whichever is earlier), and is protected in that locality by law, in particular the law of passing off. The defence is local, not UK-wide, and it turns on continuous earlier use plus protectable goodwill.
EU: first to file, with earlier unregistered signs under conditions
An EU trade mark is obtained by registration under Regulation (EU) 2017/1001 (EUTMR). Article 6 states that an EU trade mark shall be obtained by registration. Recital 9 adds that rights in an EU trade mark should not be obtained otherwise than by registration.
Earlier unregistered signs can still block or limit a later mark:
- Article 8(4) EUTMR lets the proprietor of a non-registered trade mark or other sign used in the course of trade of more than mere local significance oppose an EU trade mark application where, under Union or Member State law, rights in that sign were acquired before the EUTM filing or priority date, and the sign confers a right to prohibit the later mark. The EUIPO Guidelines set out the cumulative conditions, including use of more than mere local significance.
- Article 138 EUTMR preserves prior rights that apply only to a particular locality: the proprietor may oppose use of the EU trade mark in that territory where Member State law so permits, subject to acquiescence rules.
National rules on unregistered marks differ between Member States, so the same facts may succeed in one country and fail in another.
The routine: date your use evidence before you need it
- Keep specimens of use: packaging, labels, ads, screenshots of your shop or site, invoices and delivery notes that show the mark as used.
- Timestamp the exact files (PDF exports, image files, ZIP of a campaign) in TimeBinder before you pitch, licence or expand. Your first Pooled TimeBind is free, with no credit card required.
- Optional. Confirm fingerprints with the free SHA-256 hash checker.
- Save the Proof of Time Certificate with those files.
- Repeat when the logo, packaging or domain changes. Each new file needs its own date.
What to keep alongside timestamps
- Dated invoices and purchase orders that tie the mark to goods or services.
- Archive copies of websites and ads (full-page, with URL).
- Continuous use across the period you rely on, not a single launch day.
- Location: UK locality for section 11(3); Member State territory for Article 8(4) and 138.
A timestamp dates a file. Sales and goodwill still come from your business records. See how blockchain timestamping works, prior user rights records for the separate patent defence, prove a design existed before a UK or EU filing for designs, and the guide by profession.
What a TimeBind shows, and what it doesn’t
A TimeBind shows that this exact file existed no later than the recorded time. It does not show ownership of a trade mark, that use was genuine, or that confusion is likely. It is not a substitute for filing when you need a registration, and it is not legal advice.
Frequently Asked Questions
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Is the UK a first-to-file country?
For registered trade marks, filing date (or priority) is what the registration turns on. Earlier local unregistered rights may give a limited defence under section 11(3), usually via passing off.
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Can prior use stop an EU trade mark?
Sometimes. Article 8(4) allows opposition based on earlier non-registered signs of more than mere local significance when national or Union law gives a right to prohibit the later mark. Article 138 covers purely local earlier rights against use in that locality.
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Should I still apply to register?
If you need a registered right, filing is the route the statutes provide. Dated use records support unregistered arguments; they do not replace a filing strategy. Ask a trade mark attorney.
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Does a timestamp prove I own the mark?
No. It shows a file existed by a time. Ownership and infringement are legal conclusions from use, filings and the facts.
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What does it cost?
Your first Pooled TimeBind is free, with no credit card required. After that, from US$5; ASAP is US$15. See plans and pricing
Timestamp your brand files free
Show that this exact file existed no later than a recorded time. Files stay on your device. Get a checkable Proof of Time Certificate. Free to start. Open TimeBinder
