Cancellation of Trademark for Fraud Requires Intent to Deceive PTO

Case: In re Bose Corporation, Federal Circuit No. 08-1448 (Aug. 31, 2009)

The One Sentence Summary: In opposition proceeding, the Trademark Trial and Appeal Board erred in cancelling Bose's WAVE trademark for fraud when there was not clear and convincing evidence of an intent to defraud the Patent and Trademark Office.




Federal Circuit Holdings:

• Cancellation for fraud in procuring registration requires high standard of proof.
• A trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the PTO.
• Deceptive intent can be inferred only from clear and convincing evidence.