1-Sep-09

U.S. Trademark Applicants May Now Have More To Prove

Documentary proof of bona fide intent to use a mark is now being required by the Trademark Trial and Appeal Board. In several recent decisions, the TTAB has held that mere statements of intent are not enough to preserve intent to use applications if challenged on this basis. Companies must instead demonstrate real effort and substantial plans in order to support a claim of bona fide intent. This represents a dramatic change, and may force mark owners to significantly alter their approach to the trademark application process.

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