Every once and a while I find a delicious trademark filing, and this is one of them. A creative (and hopefully culinary-inclined) individual in Florida filed a federal trademark application for BACONARA on November 1st. The only goods listed on the application are "pizza sauce."
However, the applicant filed this mark as an intent-to-use application. Section 1(b) of the Trademark Act allows the filing of "a trademark or service mark application based on a bona fide intention to use a mark in commerce 'under circumstances showing the good faith of such person.'" This means an individual can file a trademark for a term they are not yet using as long as that individual has a bona fide intention to use the mark in the near future.
At some point, the applicant will need to file an Allegation or Statement of Use showing the use of this mark in commerce (i.e. him selling BACONARA sauce). If he cannot do this, he will not be awarded a federal registration for his term. This applicant did not work with an attorney, so whether or not BACONARA is completely off the table for sauce makers is yet to be seen.
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