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Precedential No. 12: TTAB Again Says False Statement of First Use Date is not Fraud

Kathleen Hiraga petitioned to cancel a registration for the mark GARDEN ORGANICS for "fertilizers, soil conditioners and soil amendment for domestic use," asserting that Sylvester J. Arena had fraudulently obtained the registration because he had not used the mark in commerce on the date claimed in the application. Citing Standard Knitting, the Board pointed out that a false statement regarding the first use date does not constitute fraud "because the first use date is not material to the Office's decision to approve a mark for publication." Kathleen Hiraga v. Sylvester J. Arena, Cancellation No. 92047976 (March 18, 2009) [precedential].The Board asserted that "the critical question in this case is whether the mark was in use in connection with the identified goods as of the filing date of his used-based application...continue to full post

Full post as published by The TTABlog on April 02, 2009 (boomark / email).