Forums: Discussions for entrepreneurs and small business.

One option we have when registering a trademark with feds is to use an intent-to-use application.  An issue that sometimes comes up is what "intent" means.  A recent case shows what can happen with people that might be playing games and registering marks even when they don`t really intend to use those marks to sell something.

What can happen is that the registration for the marks can get opposed or cancelled due to lack of evidence of a bona fide intent to really use the mark.  You have to do more than simply SAY, "I intend to sell XYZ with my trademark." 

For example, some guy tried to register the mark "IDEAS INSIDE".  He was opposed by Intel Corporation based on their mark "Intel Inside."  Intel won, guy lost.  The Intel opposition was sustained and registration to the guy was refused in May 2007.

The trademark registration arena is not a place for "prospecting."  This is one more reason to see a lawyer instead of using a document preparation service or doing it yourself if you are really serious.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Boy, does this bring up a can of worms! If this intent can be determined, and a trademark application denied or cancelled based on activity and productive use of the sign, what about domains?

Look at the domain speculators who`ve been buying up domain names without the slightest intent to use them, only to sell them later to someone who really does intend to use them.

Why can`t a domain name be like a trademark?

domain registrations can be altered based on registration done in "bad faith" - somewhat similar

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com