Fraud: The "F" Word Trademark Owners Should Avoid

Law360, New York (February 8, 2008, 12:00 AM EST) -- As we approach the five-year anniversary of one of the most significant decisions impacting United States trademark prosecution practice, Medinol Ltd. v. Neuro Vasx Inc., 67 U.S.P.Q.2d 1205 (TTAB 2003), we continue to be reminded that trademark applications and registrations can be easily voided due to misstatements or overstatements as to the goods and services offered under a trademark.

While the U.S. Trademark Office’s stated standard for fraud is quite high and envisions a specific intent to mislead, the U.S. Trademark Trial and Appeal Board (“TTAB”)...
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