Legal Definitions - bona fide intent to use

In trademark law, bona fide intent to use refers to a genuine and serious plan to use a particular trademark (such as a brand name, logo, or slogan) in connection with selling goods or services in the marketplace. It means that when someone applies to register a trademark, they must have a sincere, good-faith intention to actually launch a product or service under that mark, rather than simply reserving the mark to prevent others from using it, or without any real commercial plans of their own. This intent is not judged by mere statements, but by objective actions and circumstantial evidence that demonstrate a true commitment to commercial use.

• Example 1: A Tech Startup's Product Launch

  Imagine a new software company, "InnovateSphere Inc.," developing a groundbreaking artificial intelligence platform. Before their official product launch, they apply to register "InnovateSphere" as their trademark. To demonstrate their bona fide intent to use, they have already secured significant venture capital funding, hired a team of software engineers, developed a working prototype, conducted extensive beta testing with potential customers, and are actively planning their marketing and distribution strategy for a launch within the next year. Their substantial investment and concrete preparatory steps clearly show a genuine commitment to bringing their AI platform to market under that name.

• Example 2: A Fashion Designer's New Collection

  A renowned fashion designer, Ms. Anya Sharma, decides to launch a new line of sustainable clothing under the brand name "Veridian Threads." When she applies for the "Veridian Threads" trademark, she can demonstrate her bona fide intent to use by showing that she has already sourced eco-friendly fabrics, designed the initial collection pieces, secured manufacturing contracts with ethical factories, developed a marketing campaign featuring professional photography, and has firm agreements with several boutiques to carry her line upon its debut. These actions prove she is not just reserving the name but is actively preparing to introduce her clothing line to consumers.

• Example 3: A "Trademark Squatter" with No Business Activity

  Consider an individual who files numerous trademark applications for various popular or generic phrases, such as "Future Foods," "Global Connect," and "Smart Living Solutions," across many different product and service categories. However, this individual has no actual business operations, no product development, no employees, no marketing plans, and no discernible investment in bringing any goods or services to market under these marks. Their only activity is filing the trademark applications. In this scenario, a court would likely find a lack of bona fide intent to use because there is no objective evidence of a genuine commercial purpose. The individual appears to be merely attempting to reserve names without any serious plan to use them in trade, which could lead to the invalidation of their trademark registrations.