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Precedential No. 2: TTAB Rules That, For a Multi-Class Registration, Fraud Must Be Considered Class-by-Class

The Board has now addressed one of the open issues concerning fraud, ruling that with regard to a multi-class registration, fraud committed in fewer than all the classes requires cancellation as to only those classes, and not as to all classes in the registration. Last March, the Board said the same thing in dictum in Herbaceuticals, Inc. v. Xel Herbaceuticals, Inc., 86 USPQ2d 1572 (TTAB 2008) [precedential] [TTABlogged here], but now it's official. G&W Laboratories, Inc. v. G W Pharma Limited, Opposition No. 91169571 (January 20, 2009) [precedential].In this Section 2(d) opposition, Opposer Labs relied on two registrations for the mark G & W, each registration including two classes: class 5 (suppositories and the like) and class 35 (distributorships in the field of suppositories and the like)...continue to full post

Full post as published by The TTABlog on February 05, 2009 (boomark / email).