- This is the first-to-file principle in intellectual property law.
- When two or more people want to register for protection of the same subject (e.g., the same trademark, the same invention, the same design, etc.), the state agency will give priority to the person who submitted a valid application first.
- Who “thought of it first” or “used it first” is often not as important as when the application was filed, except in some special cases prescribed by law.
An easy-to-understand example:
If A and B both want to register the trademark “SUNLEAF” for tea:
A uses that trademark first in the market but has not yet filed an application.
B does not use it, but files an application before A.
In a first-to-file system like Vietnam, B will usually have a higher chance of being granted a patent than A, because B filed the application first, as long as the application meets the protection conditions and there are no special grounds for refusal.
