The Trademark Law Revision Act [hereinafter TLRA or the Act] was enacted on November 16, 1988, and becomes effective November 16, 1989. The new Act provides that an application for a federal trademark registration may be based on a bona fide intention to use a mark in commerce. This change harmonizes U.S. trademark law with that of most other countries.
The Patent and Trademark Office [hereinafter PTO] has drafted proposed rules implementing the intent to use provisions of the new law. The new rules will go into effect at the same time as the Act. The following "Questions and Answers" address changes that will affect the trademark law practitioner.