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Fraud and Lack of Bona Fide Intent: Some Thoughts on Remedies

Several TTABlog readers and I have been trying to crystallize our understanding of the remedies available under a claim of fraud (based on non-use) and those available under a claim of lack of bona fide intent. The bottom line is that fraud is the "nuclear" option, while a false statement that falls short of fraud may not be, unless the false statement pertains to all the goods or services in a class.Fraud: If one proves fraud based upon a false verification of use, even as to one item in a list of items, the Board will hold the challenged application or registration void as to the entire class of goods or services involved. This was recently confirmed by the Board in Meckatzer Löwenbräu Benedikt Weiß KG v. White Gold, LLC, Cancellation No...continue to full post

Full post as published by The TTABlog on June 11, 2010 (boomark / email).