Fraud in Trademark Applications and Registrations: Proving or Defeating Allegations

Navigating Differing Standards at the TTAB and in the Regional Circuits, Mitigating the Risk of Invalidation

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

Conducted on Thursday, September 19, 2019

Recorded event now available

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Program Materials

This CLE webinar will review TTAB and court treatment of fraud in the procurement and maintenance of trademark registrations. The panel will suggest best practices for trademark applicants, owners, and their counsel to mitigate the risk of findings of fraud arising from inaccurate recitations in trademark applications and post-registration maintenance filings.


MPC Franchise and other post-In re Bose rulings to similar effect demonstrate the importance of avoiding complacency on the issue of fraud when pursuing or maintaining trademark registrations. This is especially true in light of lingering uncertainty in pre-Bose case law on the consequences of findings of fraud where multiple class applications or registrations are concerned.

Further, in May 2019, the USPTO director reiterated the agency's commitment to combating fraudulent trademark applications. There has been an influx of fraudulent foreign trademark applications--most originating from China--and the USPTO has taken steps, including training for examiners, increased number of audits, and using software to detect altered photos, to minimize the number of fraudulent applications.

While Bose set a high bar in the context of inter partes proceedings, trademark owners and counsel should be aware that other federal courts may not apply the same strict standard as the Federal Circuit court. Opinions from those courts demonstrate that the risk of a finding of fraud, although perhaps less than that which existed before Bose, remains a real one for trademark applicants and registrants alike.

Listen as our authoritative panel provides a brief overview of Bose and examines the subsequent treatment of allegations of fraud on the USPTO since that decision at the TTAB and in the courts. The panel will also discuss proving fraud and defeating those allegations, as well as suggest best practices for avoiding findings of fraudulent procurement and maintenance.



  1. Post-Bose treatment of allegations of fraudulent prosecution and maintenance
    1. TTAB
    2. Courts
  2. Proving fraud and defeating fraud allegations
  3. Best practices to mitigate risk of inaccurate applications and registrations and resulting findings of fraud


The panel will review these and other key issues:

  • The TTAB's views on trademark application fraud post-Bose
  • Other federal court decisions and their differing standards for trademark fraud
  • Strategies and procedures to mitigate exposure to findings of fraud


Feingold, Stephen
Stephen Feingold

Kilpatrick Townsend & Stockton

Mr. Feingold's practice focuses on trademark, copyright, advertising and Internet matters. He has handled complex...  |  Read More

Frandsen, Nancy
Nancy Rubner Frandsen


For more than 30 years, Ms. Frandsen has guided clients not only through the core areas of trademark and copyright...  |  Read More

Jones, Jason
Jason D. Jones

Fross Zelnick Lehrman & Zissu

Mr. Jones counsels clients and litigates matters relating to copyright, trademark, unfair competition, false...  |  Read More

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