Fraud Must Be Proven Again at the Trademark Office

The recent In re Bose Corporation case may slow the rate of cancellations issued by the Trademark Office.  After a 2003 decision directing the USPTO to hold registrants to a higher standard than simple knowledge in determining fraud on the Office, cancellations were granted at an increasing rate.  Reversing this trend in a decision that favors trademark registrants, the Federal Circuit recently held that only a knowingly false material representation with intent to deceive the Trademark Office could be used as a basis for cancellation due to fraud.

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