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LSDefine
Simple English definitions for legal terms
bona fide intent to use
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A quick definition of bona fide intent to use:
Bona fide intent to use: When someone wants to register a trademark, they must have a real plan to use it in business, not just to keep it for later. This is called a bona fide intent to use. If someone gets a trademark registration without this intent, it can be taken away later.
A more thorough explanation:
Bona fide intent to use is a legal term used in trademark law. It refers to a genuine and honest intention to use a trademark in the ordinary course of business in interstate commerce, rather than just reserving it for future use.
For example, if a company plans to launch a new product under a specific brand name, they must have a bona fide intent to use that name in commerce. This means they must have a real plan to use the name in connection with the sale of goods or services, and not just register it to prevent others from using it.
Obtaining a federal trademark registration under Lanham Act § 1(b) requires a bona fide intent to use the mark. If it is later discovered that the intent was lacking, the registration may be invalidated.
Overall, having a bona fide intent to use a trademark is an important requirement for obtaining and maintaining trademark protection. It ensures that trademarks are used in a way that benefits consumers and promotes fair competition in the marketplace.