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TTAB Fraud Standard

By Kyle-Beth Hilfer and Yuval H. Marcus
April 29, 2009

The Trademark Trial and Appeal Board (“Board”) of the U.S. Patent and Trademark Office (“PTO”) has routinely invalidated trademark registrations based on findings of fraud following its decision in 2003 in Medinol v. Neuro Vasx, Inc. The Board's fraud standard does not require proof of scienter or intent to defraud, but rather a mere showing that the applicant knew, or should have known, that certain statements made in trademark applications or renewal declarations were inaccurate. This standard has been challenged in several appeals now pending before the U.S. Court of Appeals for the Federal Circuit. In addition, the Board recently clarified how the Medinol fraud standard applies to multi-class applications. This article considers these recent developments and offers practice tips in light of the decisions discussed.

The Medinol Case

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