What Does Date of First Use Mean?

I have already done a video answering “what does using a trademark mean?” You should watch that video because that will provide some context for the general process. But when you file an application, in some countries, you are required to state the date of first use. 

You may be wondering, “What is the date of first use?”  

The date of first use on your trademark application is exactly what it sounds like. What that means is that you have to specify the date for which you have evidence that you can prove that you were already using that brand.

Why Date of First Use Matters

When I say "have to prove", you don't have to prove that first date to the Trademarks Office. That's not the purpose. They're going to take you for your word.

In Canada, they won't even request to see if you're currently using the brand. In the U.S., for example, when you file a trademark based on existing use, you do have to provide a specimen of use, and we have a video on that. In Canada, you don't. 

You just say, "I already used it." But the purpose of this is not to validate your trademark application. It’s about protecting yourself for the future.

Neither Canada nor the U.S. will check the evidence that goes back to the date that you're claiming, but if your trademark registers and you said that you have been using this brand for 300 years, and somebody wants to invalidate your brand, invalidate the trademark. 

If they can prove that you were not using that trademark then or, in certain situations, you could even end up losing your trademark. 

If your trademark was filed with information that's inaccurate, that's incorrect, false, or fraudulent, you run a big risk of having that trademark invalidated for the only reason that you provided that false information. Be very careful when you fill that out. 

This applies to your date of first use, as well as other aspects of your application. Honesty and transparency are important everywhere on your application, not just in this situation.

Trademark Application Process

For example, when we file your trademark application, one of the things that we're going to go through with you is that we're going to go through the list of the products and services that you want your trademark to cover. We're going to ask you very specifically, "When was the first date?" You should be ready to provide this information for every product or service you wish to trademark.

You need to take it seriously because, again, we can put whatever dates you're going to tell us, but it's up to you to have the evidence to prove that you have all the invoices, to have all the website snapshots, all the photographs, whatever it is that you're going to use to prove that you started using that brand on that date, make sure that you have that. 

The date of first use is protection for you. It’s like insurance against attempts to invalidate your trademark in the future.