In 1886, John Pemberton sold his first glass of Coca-Cola for five cents. Nobody realized it then, but that simple sale marked the first use for what would become one of the world’s most valuable trademarks.
The date customers first buy your branded products isn’t just a milestone — it’s your legal shield in trademark disputes. Without proof of first use, competitors can challenge your right to the very name you’ve built your business on.
What Is First Use In Trademarking?
First use in trademarking involves two key elements: when you first use your mark anywhere, and when you first use it in commerce.
“First Use Anywhere” refers to the first time your goods were sold or transported, or your services were rendered, under your mark, regardless of location. This could be anywhere in the United States or even internationally. What matters is that this use was genuine and occurred during normal business operations. Whether you used your mark locally, nationally, or internationally, the USPTO considers all these valid for establishing this date.
“First Use in Commerce” specifically tracks when your goods or services first entered a type of commerce that Congress can regulate, like interstate commerce or trade between the US and other countries. Again, this use must be legitimate and part of your regular business activities. This date is critical for your trademark application and requires solid evidence.
Remember that your “First Use Anywhere” date will either match or come before your “First Use in Commerce” date — never after it. Smart business owners document both dates carefully, as these records can protect your brand rights when competing claims arise.
Why the Date of First Use Matters
First-use dates create the legal foundation for your trademark claim. When companies fight over similar marks, these dates can determine who keeps their logo. If you’ve been using your coffee shop logo since January but filed in June, while another café started using something similar in March and filed in April, your January usage gives you priority so long as you can prove it.
This is why keeping early receipts, packaging and other business documents matters. That storage box might contain the proof that protects your brand during disputes. These dates also affect your application strategy, determining whether you file based on actual use or intent-to-use with different deadlines.
For international business, remember that while the U.S. rewards first use, some countries only care who filed first. This contrast catches many businesses off guard when expanding globally. Documenting these dates properly protects everything you’ve built.
How is the Date of First Use Determined?
Establishing a trademark’s “Date of First Use” requires finding evidence of when you genuinely used the mark in normal business operations. This critical date marks when you first sold products, transported goods, or provided services using your trademark in a meaningful commercial context, no matter where this happened.
To nail down this date, you’ll need to sift through your business files, examining invoices, shipping documentation, service agreements, and promotional content that shows the trademark in action. The key factor isn’t when you created the mark or registered your business, but rather the first instance where customers could obtain your branded offerings through a legitimate transaction.
Many business owners make the mistake of counting preliminary steps as first use. Creating logos, ordering business cards, or developing product packaging doesn’t establish use. Only actual commercial transactions do: the first encounters customers have with your products or services, when they’re actually able to buy them. Documenting this date with solid evidence can prove invaluable during future trademark disputes.
Wrapping Up
Documenting your trademark’s first use builds a legal shield around your brand. Those early sales receipts, dated product photos, and initial service contracts are potential evidence that could determine who keeps a contested mark. While tedious now, this documentation becomes invaluable when disputes arise or when expanding protection across borders.
Many trademark conflicts come down to first-use dates, yet business owners often discover too late that they have misunderstood requirements or lost crucial evidence. Don’t leave your brand’s protection to chance.
Before investing in your brand identity, let our Trademark Research team verify your position, examine existing marks, and identify potential conflicts. Your brand deserves more than guesswork. Schedule your trademark research session today.
