Failure To Submit Proof Of Intent To Use May Be Fatal

Law360, New York (October 26, 2011, 1:40 PM EDT) -- Brand owners in the United States need to focus on having adequate written proof of a “good faith intent to use” a trademark when filing an intent-to-use (ITU) trademark application before commercial use of a trademark begins. Under certain circumstances, failure to submit such written evidence can be fatal to the validity of an ITU trademark application in contested proceedings for opposing registration or canceling a registration after being granted.

In a recent case, the Trademark Trial and Appeal Board of the United States Patent and...
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