Perspective
May 21, 2009
Ruling Softens the Blow on Fraud Findings in Trademark Applications
Counsel should carefully monitor a client's trademark portfolio to ensure that no misstatements were made to the Patent and Trademark Office, write Robert C. Weiss and Anna E. Raimer.
The issue of fraud on the U.S. Patent and Trademark Office has received much attention from trademark practitioners since the Medinol decision by the Trademark Trial and Appeal Board, holding that fraud in the procurement of a trademark registration causes the entire resulting registration to be void. Medinol Ltd. v. Neuro Vasx Inc., 67 U.S.P.Q.2d 1205 (TTAB 2003). The board has now softened the blow by holdin...
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