USPTO's Failure To Address The Specter Of Fraud

Law360, New York (August 5, 2011, 1:21 PM EDT) -- On July 12, 2011, the United States Patent and Trademark Office circulated for commentary proposed rules to the Trademark Rules of Practice entitled “Changes in Requirements for Specimens and For Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases."[1]

If enacted, the proposed rules would allow USPTO examining attorneys to require an applicant to produce additional information, exhibits, affidavits, declarations and specimens they deem necessary to ensure that the filing is true and accurate.[2] While the proposed rules are a small step toward...
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