"Demonstrating Bona Fide Intent to Use: The Next Hurdle for Trademark Applicants," Amanda H. Wilcox, Esq. and Rex W. Miller, II, Esq.

Research In Motion, owner of the BLACKBERRY marks for wireless communications services, successfully opposed the mark BLACK MAIL for similar services on the basis that the applicant, NBOR Corp., lacked a bona fide intent to use the BLACK MAIL mark in commerce. Research In Motion met its burden of demonstrating a lack of bona fide intent to use by showing that NBOR had no documentary evidence regarding its plans to launch BLACK MAIL products in commerce, effectively shifting the burden to trademark applicants to prove bona fide intent to use going forward.