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Intellectual Property Law

: Guiding Rights Blog

Bona Fide Intent Requires Objective Evidence To Support ITU Trademark Application

By Mark VB Partridge

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A "bona fide intent to use in commerce" is a basis for applying for U.S. trademark registration.  But what satisfies that test?  A recent decision indicates objective evidence may be required, as explained in this summary by Sanjiv Sarwate at www.pattishall.com:

"In Intel Corp. v. Emeny, Opp. No. 91-123,312 (T.T.A.B. May 15, 2007), the Trademark Trial and Appeal Board clarified that an application to register a trademark based on intent to use may be deemed invalid if the applicant does not have objective evidence of its intent to use the mark at the time of filing, i.e. 'evidence ...

Full post as published by Guiding Rights Blog on May 31, 2007 (boomark / email).

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