The priority principle in trademark law states that in the event
of a conflict between two trademarks, the older right always
prevails. As a rule, therefore, a trademark owner cannot defend
themselves by claiming to be the owner of a later trademark.
However, if the owner of an earlier trademark does not oppose a
later trademark application, the later applicant could be lulled
into a false sense of security. The further the implementation of
the trademark by a later trademark applicant has already gone, the
less willing the latter will be to refrain from doing so without a
potentially lengthy legal dispute. Under certain conditions, a
registered younger trademark can also lead to an intermediate right
and the owner of the older trademark cannot then prevent
coexistence.
