Proving trademark fraud just got tougher


Ajay Jagtiani & Alain Villeneuve

On August 31, 2009, the United States Court of Appeals for the Federal Circuit changed the standard for proof of fraud in trademark oppositions and cancellations. Ajay Jagtiani and Alain Villeneuve explain.

The standard for proof of trademark fraud is now aligned with the standards for proof of fraud in other types of intellectual property, such as copyrights and patents. One consequence of this decision is the revival of the role of the often battered and misunderstood incontestability status of trademarks.

As expected, this change in standard of proof will be felt mostly by litigants in opposition and cancellation proceedings before the Trademark Trial and Appeals Board (TTAB).

Trademarks today

US, trademark, fraud, proof, TTAB, Bose