11 February 2026
A recent precedential decision from the U.S. Trademark Trial and Appeal Board (TTAB) delivered a key reminder for companies expanding internationally: a foreign trade mark filing can give you an earlier “place in line” in the U.S.—and that earlier date can sometimes beat a business that started using the same mark in the United States later.
What happened
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A British Virgin Islands company, Zeeth Ltd., applied in the U.S. to register CANDYVERSE for soft drinks and retail store services.
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Zeeth filed its U.S. application on May 27, 2022, but claimed an earlier U.S. “priority” date based on its European Union trademark application filed December 2, 2021.
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A Texas company, CandyVerse, LLC, opposed the application and argued it should win because it had started using CANDYVERSE in U.S. commerce by March 4, 2022—before Zeeth’s U.S. filing date.
So the dispute wasn’t really about who used the name first in the U.S. versus the world. It was about whether Zeeth was allowed to “import” its earlier EU filing date into the U.S. fight.
The legal concept in plain English: “priority” is your timestamp
In trade mark disputes, dates matter. A lot.
Under Section 44 of the U.S. Trademark Act, certain applicants can rely on a foreign filing date as an earlier effective date in the U.S. if they meet specific requirements. Think of it as a legal shortcut that lets your U.S. application borrow the earlier timestamp from your first foreign filing—but only if you check the boxes.
The key requirements (business-friendly version)
To claim this kind of foreign-based priority, an applicant generally needs to show:
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Fast follow: The U.S. application must be filed within 6 months of the first foreign filing.
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Real intent: The U.S. application must include a sworn statement that the applicant genuinely intends to use the mark in U.S. commerce.
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Treaty or reciprocity: The applicant’s country of origin must either:
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be covered by a treaty/arrangement that gives priority rights (or),
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give U.S. applicants similar priority rights (reciprocity).
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Foreign registration eventually: The foreign application typically must mature into a registration for the U.S. registration to proceed on that path.
The fight in this case: does the BVI give Americans reciprocal priority rights?
Zeeth’s first foreign filing was in the EU, and the EU/U.S. are both part of global IP frameworks (including TRIPS through the WTO). But Zeeth is a BVI company, and the BVI itself isn’t a party to the same treaties in the straightforward way you might assume.
So the TTAB focused on a practical question:
Does BVI trademark law let U.S. applicants claim priority from their own foreign filings?
If yes, that reciprocity can satisfy the U.S. requirement.
The TTAB’s answer: yes—BVI reciprocity exists, so the EU filing date counts
The TTAB concluded:
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The BVI counted as Zeeth’s “country of origin” for this analysis (even though it’s a British overseas territory), because it is internally self-governing for these purposes.
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BVI trademark law (under the Virgin Islands Trade Marks Act) allows applicants from Paris Convention/WTO countries—like the U.S.—to claim priority from a first foreign filing if the BVI filing is made within six months.
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That’s enough to be reciprocal to what U.S. law offers foreign applicants.
The opponent argued (without solid legal support) that BVI law needed to spell out “U.S. nationals” specifically. The TTAB wasn’t persuaded.
Result: Zeeth was allowed to rely on the December 2, 2021 EU filing date as its priority date in the U.S. opposition, and the TTAB dismissed the opposition—with the important caveat that the EU application still must become a registration for the U.S. application to fully clear the remaining requirement.
Case: CandyVerse, LLC v. Zeeth Ltd., Opposition No. 91289595 (T.T.A.B. Nov. 24, 2025).
Why this matters to business owners
If you’re launching a brand in multiple markets, this decision underscores three practical realities:
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Your foreign filing strategy can directly affect your U.S. risk. A well-timed foreign filing may protect you in the U.S. even if someone else starts using the name here later.
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Six months is a hard window that matters. Miss it and you may lose the ability to claim that earlier date.
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Country-of-origin and reciprocity can be deal-breakers. The ability to claim priority isn’t just about where you filed first—it can depend on what your home jurisdiction gives back to U.S. applicants.
What to do now (action checklist)
If your company brands products or services internationally:
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Map your launch timeline (name selection → first filing → U.S. filing) so you don’t accidentally blow the 6‑month priority window.
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File with intention: Make sure you can honestly support a real plan to use the mark in the U.S.
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Don’t assume “global treaties” solve everything: Your entity’s home jurisdiction and its reciprocity rules can matter.
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Track the foreign application through registration, because your U.S. registration route may depend on it.
Need a cross‑border trade mark plan that won’t backfire?
IP Solved helps business owners build trade mark filing strategies that match how companies actually launch—fast, multi-channel, and often across borders. If you’re picking a brand name, expanding into the U.S., or trying to stop a competitor from boxing you out with an earlier filing date, we can help you:
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pressure-test your name before you invest in it,
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set a filing sequence that protects priority, and
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reduce the chance of expensive oppositions later.
Contact IP Solved to talk through your launch timeline and get a trademark strategy built for real-world expansion.
This alert is for general information and isn’t legal advice for your specific situation.
