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Recommended Reading: Joe Dreitler on "Why the TTAB Got It Right in Medinol

Joe Dreitler is a bona fide trademark expert, and he has strong views on the Lanham Act's "use" requirement and the TTAB's fraud doctrine. I know, because Joe sends me his comments whenever I discuss a fraud case. I recently persuaded him to set out his thoughts on the current state of fraud jurisprudence, and he provides an important historical perspective on the subject in his article, "Why the TTAB Got it Right in Medinol." (pdf here).Joe asserts that the Medinol decision is significant "because it laid down a bright line, objective standard for fraud."Indeed, given this background and clear language of the statute and legislative intent in 1988 to change the Lanham Act to:1) require section 44 applicants to have a bona fide intent to use the mark on every good and service for which they apply; and2) require every applicant to have made bona fide commercial use on each and every good in their use based application, statement of use, section 8 declaration and renewal application,it is hard to imagine how the TTAB could have done anything other than cancel the NEUROVASX registration for ?medical devices, namely, stents and catheters...continue to full post

Full post as published by The TTABlog on August 07, 2009 (boomark / email).