New focus on fraud in trademark prosecution

Fraud on the US Patent and Trademark Office (USPTO) always has been an important consideration for trademark owners. As Jennifer L. Elgin and P. Nicholas Peterson explain in this article, owners should be aware that, in the last several years, the Trademark Trial and Appeal Board (TTAB) systematically has been tightening its views on the subject, issuing more stringent rules and harsher penalties. The authors suggest that proper and careful attention to filings in the USPTO can strengthen the value of a trademark portfolio, as well as decrease the costs of enforcing and maintaining trademark rights in years to come. They conclude that it is clear that the TTAB has little tolerance for applicants and registrants who do not properly investigate the claims in their sworn statements and will exact a very high price for mistakes. [PUBLICATION ABSTRACT]