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Expert Analysis

Is TTAB Replacing Fraud With Lack Of Bona Fide Intent?

Law360, New York (April 15, 2014, 11:47 AM EDT) -- In the past few months, a trend has emerged in the Trademark Trial and Appeal Board to sustain oppositions based on lack of bona fide intent to use the opposed mark in commerce. The TTAB has recently held that applicants did not possess an objectively supported "bona fide intent," when there was little or no documentation to evidence a plan to use the mark in commerce at the time of application. Such scrutiny is at odds with the Lanham Act and U.S. Patent and Trademark Office regulations, which grant a nonopposed intent–to-use trademark applicant up to 36 months after issuance of the notice of allowance to use the mark in commerce and file the required statement of use....

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