Intent-to-Use

News & Analysis as of

Intent To Use – It’s Not The Thought That Counts

Bona fide intent, the sine qua non of non-use trademark applications, was given new meaning by the TTAB in a decision released unpublished February 21, 2014 but redesignated as precedent on March 26, 2014, thus placing at...more

Intent-to-Use Trademark Applications and Security Agreements

In financing transactions, such as loans or securitizations, the lender who provides the financing will typically take a security interest over the assets pledged as collateral against the borrower's compliance with its...more

How Much “Intent” is Enough to Support an “Intent to Use” Trademark Application?

For many years now, the US Trademark Office has accepted trademark applications based upon a “bona fide intent to use” the applied-for mark on all the goods and/or to provide all of the services listed in the application at...more

Lack of Evidence of Intent to Use Dooms an “ITU” Trademark Application

The Trademark Trial and Appeal Board (TTAB) recently granted summary judgment sustaining an opposition against an application based on intent-to-use (“ITU”) on the sole ground that the applicant had no tangible proof of any...more

What Does the Suffix Say?

Ylvis, the Norwegian music/comedy duo, recently revealed the secret of the fox to more than a hundred and twenty-three million viewers on YouTube (as of this posting), answering the vexing question: What does the fox say?...more

Trademark Review - Volume 3 | Issue 9 September 2013

In This Issue: • Beware of The “Simple” Assignment of Intent to Use Applications to an Affiliate • TTAB Reverses the Refusal to Register BITES OF BOSTON • Updates on Registration of New Generic Top-Level...more

Intra-Corporate Trademark Transfers: Beware of the Intent-To-Use Trap

In the course of a corporate restructuring or in the management and reorganization of a company’s IP assets, intra-corporate trademark assignments are not uncommon....more

Oops! Assignment Of Intent-To-Use Trademark Applications: Easy But Not Simple

The language in the Trademark Act is very clear on the issue of assignment of intent-to-use applications. In a recently issued precedential opinion, the Trademark Trial and Appeal Board has held, once again, that Section...more

TTAB Cancels Registration Due to Improper Assignment of Intent-to-Use Application

In a precedential decision issued last week, the Trademark Trial and Appeal Board (TTAB) cancelled a registration because it was based on an intent-to-use (ITU) application that had been the subject of an intra-corporate...more

Foreign Marks Vulnerable in US

“Cancellable? Unenforceable? Why?” This is likely to be the reaction of most foreign owners of U.S. trademark applications and registrations, and of many of their U.S. counsel, when challenged by claims that the owner lacked...more

Infomercials: So was HAIR BLENDER taken?

One of the best things about television is terrible (or terribly hilarious) infomercials showcasing American ingenuity. Behold, one of the latest …The Air Curler®....more

Court Finds No Business In This Show Business Trademark Dispute

It is a basic principle of trademark law that a mark can only be assigned with the goodwill of the business to which the mark relates, for the good reason that the mark is in fact inseparable from the business. But what kind...more

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