March 5, 2026

Hello Reader,

Many founders think filing a trademark reserves the name.

You find a brand you like.

You file the application.

Now the name is “locked up” while you figure out the business.

But trademark law doesn’t work that way.

Recently, the Trademark Trial and Appeal Board reviewed an application for the mark FIREBURN 1878 for alcoholic beverages.

Another company, Sazerac Brands, LLC, opposed the application because it already owned the FIREBALL brand.

Most people would assume the case would come down to whether FIREBURN is confusingly similar to FIREBALL.

But the case never even got that far.

Instead, the application failed for a completely different reason.

The Board determined the applicant did not have a bona fide intent to use the mark in commerce.

That phrase sounds technical, but the idea is straightforward.

If you file a trademark application based on intent-to-use, the law expects that you are actually preparing to launch a real brand using that name.

Not someday.

Not hypothetically.

But as part of a real business plan.

During the case, the opposing party asked the applicant to produce documents showing what steps had been taken to develop the brand.

Things like:

• marketing plans
• product development
• distribution strategy
• regulatory approvals
• pricing strategy
• target customers
• promotional planning

The applicant had none of it.

In discovery responses, the applicant repeatedly said it had no documents showing plans to manufacture, sell, or promote products under the mark.

The only evidence offered was the trademark application itself.

The Board rejected that argument.

The decision makes clear that simply filing an intent-to-use application does not prove that a company had a bona fide intent to use the trademark in commerce.

Without objective evidence of a real plan, the application collapsed.

The opposition was sustained.

And the Board never even needed to decide whether the marks were confusingly similar.

For founders, this highlights an important reality about trademarks.

A trademark application is not a reservation system.

It is a legal statement that you are preparing to use a brand in the marketplace.

That doesn’t mean the business must already be operating.

Many companies file trademarks while they are still developing their product or service.

But there should be objective signs that the brand is real.

Examples might include:

• branding or packaging development
• supplier conversations
• marketing preparation
• regulatory filings
• distribution planning

These steps show that the trademark reflects a genuine business plan.

After filing more than 7,500 trademarks over the past 15 years, I’ve seen this misunderstanding many times.

The strongest trademark filings usually come from founders who already have momentum.

They may still be early in the process, but they are actively building the brand.

That foundation makes the trademark much stronger.

Founder takeaway

A trademark application doesn’t reserve a name.

It proves you’re actually building the brand.

Recent trademark registrations this week

Congratulations to these founders whose trademarks were successfully registered by our firm this week:

All the best,

J.J. Lee and the Trademark Lawyer Law Firm Team

P.S. If you are considering filing a trademark and want to understand the safest strategy, you can review the filing options here:

​Trademark Registration Options Here​

If you know another founder who is building a brand, feel free to forward this email to them.

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