Federal Circuit Requires Proof of Subjective Intent to Cancel Trademark Registrations Based on Fraud

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Earlier today, the Court of Appeals for Federal Circuit issued a long-awaited decision in In re Bose Corp., No. 2008-1448, which had challenged the Trademark Trial and Appeal Board’s use of the “knew or should have known” standard in Board proceedings where fraud is alleged. In 2007, the Board cancelled Bose’s registration for the WAVE trademark on the grounds that Bose had committed fraud in the maintenance of the registration. Bose Corp. v. Hexawave Inc., 88 U.S.P.Q.2d 1322 (T.T.A.B. 2007). Bose appealed and today the Federal Circuit reversed that decision. In its opinion, the Federal Circuit expressly held that fraud exists only if an applicant or registrant knowingly makes a false, material representation with the intent to deceive the Trademark Office.

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