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The Changing View of Fraud at the Trademark Trial and Appeal Board

By Ryan M. Kaiser of Amin Talati, LLC

Ryan Kaiser is a partner in the intellectual property practice at Amin Talati.  In addition to advising clients in trademark portfolio management, strategy, procurement and licensing, Mr. Kaiser focuses on intellectual property dispute resolution, including trademark, unfair competition, and advertising matters.

Fraud is back in the spotlight at the Trademark Trial and Appeal Board (“TTAB”).  The recent decision in G&W Laboratories v. G W Pharma Limited provides welcome clarity on an open issue. G&W Laboratories holds that fraud committed in fewer than all classes of a multi-class registration requires cancellation as to only those classes, rather than the entire registration.1  Thus whereas Medinol v. Neuro Vasx required cancellation of an entire registration where fraud was shown as to a single identified good or service, G&W Laboratories resolves the important question of what happens when fraud is committed in fewer than all classes of a multi-class registration.  G&W Laboratories will have an immediate effect on the potency of fraud as a counterclaim in inter partes proceedings involving multi-class registrations.  G&W Laboratories could also signal a fundamental change on the horizon for TTAB fraud a...

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