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Bona fide intention to use

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Overview Edit

Having a bona fide intention to use a trademark is a requirement when seeking trademark registration under 15 U.S.C. §1051(b)(1). This section requires that a person seeking to register a trademark must show that it, in good faith, intend to use the mark in commerce. This is to prevent people from registering as many marks as they can to prevent competition.[1]

To show bona fide intention to use on a trademark application one must include "both actual intent to use a mark in commerce and evidence, contemporary with the application, that objectively demonstrate such an intent."[2]

The requirement for bona fide intent to use may also be "satisfied by a statement of intent to use a mark on identified products in the future, even if the applicant has not taken concrete steps to create and introduce a new product, provided that the applicant intends to use the mark as claimed."[3]

ReferencesEdit

  1. Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc., 525 F.3d 8, 22 (D.C. Cir. 2008) (full-text).
  2. Id. at 21.
  3. Spin Master, Ltd. v. Zobmondo Entm't, LLC, 778 F. Supp. 2d 1052, 1060 (C.D. Cal. 2011) (full-text).

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