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Intent to Use

Bona fide intent was given new meaning by the TTAB. <i>Lincoln National Corporation v. Anderson,</i> exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's "intent" as a jurisdictional prerequisite for filing an application or face a finding that the application is void <i>ab initio.</i> This is the paradigm of the "ticking time bomb" trademark nightmare with a very long fuse.

16 minute read June 02, 2014 at 12:00 AM
By
Ed Komen
Intent to Use

Bona fide intent, the sine qua non of non-use trademark applications, was given new meaning by the Trademark Trial and Appeal Board (TTAB) in a decision released unpublished Feb. 21, 2014, but redesignated as precedent on March 26, 2014.

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