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Declaration of Bona Fide Intention to use the Mark in Commerce
Understanding the Declaration of Bona Fide Intention to use the Mark in Commerce
Definition & Meaning
The "declaration of bona fide intention to use the mark in commerce" is a formal statement made by an applicant or holder of an international trademark registration. This declaration indicates that the individual or entity intends to use the trademark in the U.S. market. It serves as a commitment to engage in commercial activities involving the mark, and it must affirm that:
The applicant has a genuine intention to use the mark in commerce.
The applicant believes they are entitled to use the mark.
To the best of their knowledge, no other party has the right to use a similar mark that could cause confusion.
Table of content
Legal Use & context
This declaration is primarily used in trademark law, particularly when seeking to extend the protection of an international trademark to the United States. It is relevant in various legal contexts, including intellectual property and commercial law. Individuals or businesses can manage this process using legal forms, such as those provided by US Legal Forms, which are drafted by qualified attorneys to ensure compliance with legal standards.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company based in France files a declaration to extend its trademark for a new line of organic skincare products to the U.S. market, stating its intent to start selling these products within six months.
Example 2: A startup in California submits a declaration for a tech-related trademark, confirming that they plan to launch their app within the next year and have conducted a trademark search to ensure no conflicts exist. (hypothetical example)
Relevant laws & statutes
The declaration is governed under the Lanham Act, specifically 15 U.S.C. § 1141, which outlines the requirements for trademark registration and protection in the U.S. This act provides the legal framework for trademark applications and the rights of trademark holders.
Comparison with related terms
Term
Definition
Intent to Use Application
A trademark application filed based on a bona fide intention to use the mark in commerce, but not yet in use.
Actual Use Application
A trademark application filed by a party that is already using the mark in commerce.
Common misunderstandings
What to do if this term applies to you
If you are considering filing a declaration of bona fide intention to use a trademark, start by conducting a comprehensive trademark search to ensure no conflicts exist. You can utilize legal templates from US Legal Forms to help you prepare the necessary documents. If your situation is complex or if you have questions, consulting a legal professional is advisable to navigate the process effectively.
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