Trademark priority asserts that trademark rights typically are granted to the entity or individual who first uses the trademark in commerce. Trademark priority refers to the principle that trademark rights typically belong to the first person or entity to use the mark in commerce.Explore our expert guide to patent filing in Chicago. Get practical tips and essential insights to protect your innovations effectively. Examples should not be stapled, glued or taped to the application. You can file an application to register your trademark or service mark with an intenttouse (ITU) filing basis. Once you file the application, the USPTO will assign it a filing date. This filing date determines priority use among applications. A priority date patent establishes the priority date as the earliest date an application may claim precedence. The specific rule for obtaining a filing date as of the date of deposit in Priority Mail Express (rather than the date of receipt at the Office) is 37 CFR 1.10.