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Intellectual Property Law
: Trademark BlogTTAB Decision Re Attorney Signing Declarations and Fraud On The PTO
By Marty Schwimmer
TTABlog commentary here.:
In a case "similar to Medinol," the Board granted Petitioner's motion for summary judgment on the ground of fraud as to four registrations owned by Respondent, finding that Respondent had made knowingly false statements in its Statements of Use (signed by its attorney) regarding use of its XEL HERBACEUTICALS marks on some of the goods listed in the registrations. Herbaceuticals, Inc. v. Xel Herbaceuticals, Inc., Cancellation No. 92045172 (March 7, 2008) [precedential]
Full post as published by Trademark Blog on March 12, 2008 (boomark / email).
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