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Trademark Name Adoption Trademark Law Intellectual Property
What procedures should you follow when you wish to adopt a name for use as a trademark?
(1) Determine if the mark is capable of registration and protection.
(2) Search to determine if someone already owns the mark.
(3) Begin the registration process for the mark as soon as possible, either on the basis of use (if you have made use), or “Intent to Use” if you intend to use in the future. Remember the “Intent to Use” law requires a “bona fide intent to use”. Bona fide intent is not generally questioned. The purpose of requiring such intent is to prevent someone from filing a bunch of trademarks and “warehousing” them, for purposes of later resale.
(4) “Police the Mark,” i.e. set up procedures to watch for infringes and to take appropriate action to get them to stop such infringing uses.
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