Is Your Trademark Application At Risk Of Being Declared Void?

U.S. trademark law allows an applicant to file a trademark application, before it has actually begun using a proposed mark, by stating in the application that it has a bona fide intent to use the mark. But, because having a bona fide intent to use the mark is a legal prerequisite for such an application, there is a risk that the United States Patent and Trademark Office (USPTO) could void the application if an opposer were to successfully challenge the intent as not being bona fide. The USPTO's Trademark Trial and Appeal Board (TTAB) recently held that an application for a logo design mark that contained the words IRISH POLO CLUB USA was void because the applicant did not have a bona fide intent to use the mark. The owner of the various POLO RALPH LAUREN marks challenged the IRISH POLO CLUB USA application and successfully argued that the trademark applicant could not prove it had a bona fide intent to use its proposed mark, because it could not provide any