The Trademark Trial and Appeal Board (TTAB) held that “reckless disregard” for the truth or falsity of Declaration(s) submitted during the course of trademark application process is sufficient for a finding of fraud on the USPTO.
Results for Trademarks
Trademark infringement under the Lanham Act does not require a showing of willfulness as a prerequisite for profit disgorgement.
The Fed. Circuit reversed the Board’s refusal to register the mark TAKETEN in view of a registered mark TAKE 10!. Although the marks are similar, substantial evidence did not support the USPTO’s refusal to register the TAKETEN mark given the dissimilarities in the respective services and goods and the high degree of consumer care.