Federal Circuit considers meaning of ‘bona fide intention’ to use mark

World Trademark Review Daily
June 19, 2015

It is axiomatic under US trademark law that a trademark applicant must have a bona fide intention to use its applied-for mark at the time its application is filed. The US ‘intent-to-use’ trademark application is not a mechanism by which an applicant may, without a genuine intention to use the mark, merely reserve its right in a trademark. However, the Lanham Act (15 USC § 1051, et seq) does not define ‘bona fide intention’ to use a mark and thus trademark applicants and practitioners alike have struggled with the meaning of the term how to establish it.

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