Another complication in deciding which classes of goods and services to cover is that in most countries, the first to register a mark is its owner and has rights superior to those of a rival that was the first to use the mark in a given nation but which filed later. Thus, a company that is first to obtain a registration for a particular class of goods or services cannot necessarily stop an infringer from using the mark with respect to goods or services in another class. Moreover, the infringer may be a pirate who was first to register the mark in another class, and who thus has superior rights to the mark for goods or services in that class. Such piracy is made even easier by the fact that most countries permit trademark applications to be filed and registered without proof of use of the mark. Thus, careful consideration must be given to protecting a mark for goods and services in all classes that are or may be relevant to the company's business.
Some companies obtain foreign registrations solely as a defensive measure.
If a mark has developed a favorable reputation in the United States, a company may seek foreign registration to prevent others from obtaining rights to the mark and capitalizing on its goodwill, even if the company has no plans to use the mark elsewhere. The registration, however, may be subject to cancellation if there is no use of the mark in the country for a certain period, commonly three to five years. Businesses in service industries have another problem. There are a number of countries that do not recognize, and refuse to register, service marks. In such countries, the next best alternative is to obtain trademark registrations for any goods that are used in the company's business.