Tag Archives | intent to use

Timing Considerations for Deciding What Goods and Services to Designate in an Intent-to-Use Trademark Application

When you file an intent-to-use trademark application you must designate the goods and services in the application. What should those goods and services be? This should be easy to answer, right? Its the goods and services that you intend to sell or render in connection with the trademark.

But, it might not be that easy to answer when you have a lot of different types of products or services that will be launched over a period of time. Should all of those be listed? Maybe. One factor to consider is the timing of when you plan to launch each of the planned products or services. This timing then can be compared to the probable deadlines you will encounter in your trademark application.

Trademark Deadlines

Presently, it takes about 9.5 months, on average, …

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Speculating in Trademarks is Fruitless: Race to Grab iWatch Fails for Lack of Bona Fide Intent

iWatchThe iPhone was released on June 29, 2007. Six days later on July 5, 2007, watch maker M.Z. Berger & Co. filed a trademark application on iWatch for watches, clocks, and related accessories. Coincidence?

Was the plan to grab up the iWatch trademark and sell it to Apple later? Too bad Apple went with “Apple Watch” instead.

Its a common misconception that filing a trademark application grants rights in a trademark without actually using the trademark. Just file a trademark application and the trademark is yours! No.

Speculating in trademarks without actual use of the trademark is a fruitless endeavor.

Watch maker Swatch AG filed an opposition against the iWatch trademark application. The TTAB, and later the appeals court, sustained the opposition and prevented the registration of iWatch because the …

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