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Fraud at the TTAB: Leveraging the Lower Standard, Mitigating Risk of Cancellation

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, February 21, 2023

Recorded event now available

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This CLE webinar will guide trademark counsel on the recent trend at the Trademark Trial and Appeal Board (TTAB) on pleading fraud. The panel will discuss best practices to mitigate the risk of inaccurate applications and registrations.


In a recent precedential decision, Chutter Inc. v. Great Management Group L.L.C. (TTAB 2021), the TTAB held that reckless disregard is enough to show an intent to deceive for proving fraud on the USPTO. Fraud in a trademark registration occurs when an applicant or registrant "knowingly makes a false, material representation of fact in connection with an application to register, or a post-registration document, with the intent of obtaining or maintaining a registration to which it is otherwise not entitled."

The Federal Circuit's 2009 decision In re Bose Corp. held that intent to deceive is an indispensable element of a fraud claim. However, the court left open the question of whether reckless disregard of the truth or falsity of a material statement made in a filing with the USPTO meets the intent requirement. Now, the Board has held that reckless disregard does satisfy this requirement.

Trademark applicants, owners, and counsel must deal with the evolving standards emerging from the TTAB's recent rulings on pleading fraud.

Listen as our authoritative panel of IP attorneys examines the recent trend at the TTAB on pleading fraud. The panel will discuss best practices to mitigate the risk of inaccurate applications and registrations.



  1. Recent developments and court treatment
  2. Pleading fraud
  3. Best practices


The panel will review these and other vital questions:

  • What is the current state of the law concerning allegations of fraud before the TTAB?
  • What are the next steps for plaintiffs and defendants in the event of fraud pleadings?
  • What strategies and procedures should trademark owners utilize to mitigate the risk of fraud allegations?


Baird, Stephen
Stephen R. Baird

Greenberg Traurig

Mr. Baird works with clients to address their most difficult trademark problems. He provides strategic guidance on...  |  Read More

Heavner, B. Brett
B. Brett Heavner

Finnegan Henderson Farabow Garrett & Dunner

Mr. Heavner's practice covers all aspects of trademark and unfair competition law, with a particular focus on...  |  Read More

Liou, Joyce
Joyce Liou

Morrison & Foerster

Ms. Liou co-leads the firm’s Trademark Group and is a partner in the firm’s Intellectual Property Group....  |  Read More

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