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TTAB Dismisses Fraud Claim Based on Fabricated Specimen of Use: Opposer Failed to Prove Fraud "to the Hilt"

Applicant Bristol Technologies sought to register the mark Bristol Focus for computer operating systems programs, but Opposer raised two grounds in opposition: fraud and likelihood of confusion. The Board sustained the Section 2(d) claim, finding the applied-for mark likely to cause confusion with the registered mark FOCUS for other computer software programs. But as to the fraud claim, although Applicant fabricated a specimen and falsely stated that its mark was in use as of the application filing date, the Board ruled that Opposer failed to meet its "heavy burden of proof" to show fraud. Information Builders, Inc. v. Bristol Technologies, Inc., Opposition No. 91179897 (January 10, 2011) [not precedential].Applicant's original specimen of use, a newspaper advertisement regarding Applicant's intended product line, was rejected by the Examining Attorney...continue to full post

Full post as published by The TTABlog on February 15, 2011 (boomark / email).