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Intent-to-use applications to register a trademark

Federal trademark law allows the filing of an application for registration before the applicant has begun using the mark. These intent-to-use applications require that the applicant have a “a bona fide intention” to use the trademark in commerce. Federal courts have held that the lack of a bona fide intent is a proper statutory grounds on which another party may challenge a trademark application.

What is a bona fide intent? The Federal Circuit Court has explained “that the applicant’s intent must be demonstrable and more than a mere subjective belief.”

The applicant can demonstrate that it has a bona fide intent to use the mark by doing one or more of the following:

  • conducting a trademark availability search;
  • preparing graphic designs or labeling for a product;
  • preparing business plans or market research;
  • engaging in correspondence concerning plans to use the mark;
  • test marketing the proposed mark;
  • applying for necessary regulatory permits;
  • obtaining a domain name for the mark, or setting up a website that displays the proposed mark;
  • contacting persons or firms about helping to develop a business for the mark;
  • attempts to find licensees, both in and outside the U.S.;
  • obtaining commercial premises where the services will be performed.
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13th Annual Minority Mentoring Picnic

Each year, the Kozyak Minority Mentoring Foundation organizes the Minority Mentoring Picnic. The Picnic brings together law students from around the state with local law firms, lawyers and bar organizations.

This year’s Minority Mentoring Picnic was on February 4 at Amelia Earhart Park. David Rogero attended and spent time at the Entertainment, Arts and Sports Law Section’s tent, and met several law students seeking advice about their careers.

This is an important event as it allows law students to interact with attorneys in a casual setting. It is also an opportunity for students to learn more about firms and organizations that can help their careers.