How “First-to-File” Trademark Rules in Other Countries Can Trip up Existing Brands

An example of how “first-to-file” trademark rules in other countries can trip up existing brands if they don’t register their marks promptly.

Ralph Lauren introduced Polo by Ralph Lauren in the United States and quickly registered its iconic horse-and-rider logo with various global trademark offices. However, by the time the brand looked to expand into South Africa, LA Group had already secured local rights to the “Polo” mark for apparel, filing a trademark application in 1976 and establishing a retail presence in the region. Under South African trademark law, territorial registration trumped global recognition, effectively preventing Ralph Lauren from entering the local market under its own name.