Trademarks without documentary evidence of intent-to-use for claimed goods and services are at risk


Christopher Kinkade, of Fox Rothschild LLP, writes that trademark applicants filing intent-to-use applications under Section 1(b) of the Lanham Act must have documentary evidence of their intention to use the applied-for mark in connection with the claimed goods and services. Otherwise, a registration may be canceled (or opposition to an application upheld). Wishful thinking that business operations may at some time be able to encompass the claimed goods and services is not enough. 

Kinkade suggests documentary evidence may include prototypes, draft promotional materials, business plans, presentations, minutes of board meetings where specific plans were presented, etc.


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