Intellectual Property
Jun. 16, 2017
Registering trademarks: What we know about bona fide intent
A 2015 Federal Circuit opinion continues to remind prospective mark owners about the consequences of hasty trademark filings, while encouraging good business practices.
Before the Trademark Law Revision Act of 1988 (TLRA), the owner of a mark could file for registration only if the mark had already been in use. This requirement disadvantaged applicants who could not afford to make the initial investment, finance and advertising costs associated with the goodwill and reputation of a particular mark. The TLRA changed this by permitting an applicant to initiate the registration process so long as the applicant had a "bona fide intention ... to use [the] mark...
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