T.M.E.P. § 1008
Bona Fide Intention to Use the Mark in Commerce

Executive summary:

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1008 Bona Fide Intention to Use the Mark in Commerce

Any application filed under §44(d) or §44(e) on either the Principal or the Supplemental Register must include a verified statement that the applicant has a bona fide intention to use the mark in commerce. See TMEP §1101 for additional information about this requirement. If the verified statement is not filed with the initial application, the verified statement must allege that the applicant has had a bona fide intention to use the mark in commerce since the application filing date. 37 C.F.R. §§2.34(a)(3)(i) and 2.34(a)(4)(ii).

The allegation of the applicant's bona fide intention to use the mark in commerce is required even if use in commerce is asserted in the application. In re Paul Wurth, S.A., 21 USPQ2d 1631 (Comm'r Pats. 1991). See also In re Unisearch Ltd., 21 USPQ2d 1559 (Comm'r Pats. 1991) (requirement for verified statement of bona fide intent to use the mark in commerce held not contrary to Paris Convention).