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Trademark applicants beware: US Trademark Office raises bar for demonstrating a “bona fide intent” to use mark in US commerce
- Fish & Richardson PC
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- USA
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- April 10 2010
Filing trademark applications based on a "bona fide intent" to use a mark is very common, especially for entrepreneurs and small businesses that may come up with an idea and creative mark and then file a trademark application before any actual business is up and running
Statutory standard for trademark applications based on “bona fide intent” to use the mark
- Fish & Richardson PC
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- USA
- -
- April 10 2010
Section 1(b) of the Trademark Act allows trademark applications to be filed based on a "bona fide intent" to use the mark
Is lack of a bona fide intent to use a mark “fraud”?
- Fish & Richardson PC
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- USA
- -
- April 10 2010
Under the Trademark Act, only certain challenges are permitted after five years from the registration date
Implications for trademark owners
- Fish & Richardson PC
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- USA
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- April 10 2010
The Honda decision reaffirms how important it is for trademark applicants, if challenged, to have documentary evidence at the time they file that substantiates their bona fide intent to use the mark in US commerce
Prior case law interpreting the “bona fide intent” standard
- Fish & Richardson PC
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- USA
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- April 10 2010
There have not been many reported decisions involving the "bona fide intent" standard
2009 Honda v. Winkelmann case adds new requirement to demonstrate “ability” to use the mark
- Fish & Richardson PC
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- USA
- -
- April 10 2010
The Honda case involved an opposition by Honda to an application to register VIC for "vehicles for transportation on land, air or water" and related goods, including "glider aircraft."
New challenges and opportunities for trademark owners
- Fish & Richardson PC
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- Global
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- January 22 2010
The Internet Corporation for Assigned Names and Numbers (ICANN), which manages much of the operation of the Internet, is on the verge of implementing new procedures on two separate tracks that have the potential vastly to expand the Internet domain name "real estate."
Preventing issuance of .xxx domain names that match your trademark
- Fish & Richardson PC
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- Global
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- July 21 2011
Under recently released details of the rollout of the new .xxx generic top-level Internet domain, trademark owners will have from September 7 to October 28, 2011, to block most others from obtaining a .xxx domain name that matches their registered trademark rights
New gTLD applications accepted in early 2012
- Fish & Richardson PC
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- USA
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- November 28 2011
The Internet as we know it may soon be changing forever
Your software may be a ‘medical device’ subject to FDA regulation
- Fish & Richardson PC
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- USA
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- August 10 2011
In late July 2011, the FDA released a draft guidance document outlining when certain types of software would be considered a “medical device” subject to FDA scrutiny
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- Author - Keith A. Barritt
