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Expert Analysis

Filing Intent-To-Use TM App? Be Prepared To Prove Intent

Law360, New York (June 24, 2015, 10:17 AM EDT) -- Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as "Je Suis Charlie," "Occupy Wall Street," "Ice Bucket Challenge" and "Left Shark" have all been filed at the Trademark Office (and promptly rejected, abandoned or mocked). In fact, the number of trademark applications has more than quadrupled from 82,426 in 1989 (a year after the intent-to-use system was established) to 336,275 in 2014....

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