The Scope Of Fraud In Multiclass Registrations

Law360, New York (February 25, 2009, 12:00 AM EST) -- On Jan. 29, 2009, the Trademark Trial and Appeal Board (TTAB or board) of the U.S. Patent and Trademark Office (PTO) issued a precedential opinion clarifying the scope of petitions for cancellation for fraud on the PTO in cases involving multiclass trademark registrations. G&W Labs. Inc. v. G.W. Pharma Ltd., Opp. No. 91169571, 2009 TTAB LEXIS 2 (Jan. 29, 2009).

The board held that fraud as to one class of a multiple class registration does not subject the entire registration to cancellation. Rather, the registration should...
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