In re Bose: Strategies for Trademark Prosecution Under the New Fraud Standard
Federal Circuit overturns central component of TTAB's Medinol doctrine on Aug. 31
Recording of a 90-minute premium CLE webinar with Q&A
This seminar will review the Federal Circuit's decision in In re Bose and how the court reached its conclusion. The panel will discuss the impact of the decision on trademark applications, applicants and owners and outline best practices for defending trademarks.
Outline
- In re Bose
- Medinol v. Neuro Vasx
- TTAB decision
- Federal Circuit ruling
- Implications of Bose
- On applications and registrations invalidated during Medinol years
- Appropriate consequences for false, but not fraudulent, statement regarding continued use in commerce
- Certainty in fraud-based litigation
- Evidentiary issues
- Best practices
Benefits
The panel will review these and other key questions:
- What are the implications of the Bose decision for trademark applicants, owners and challengers?
- How can a challenging party prove fraud in a trademark application under the new standard?
- Can applications or registrations invalidated during the Medinol years now be restored under the new standard?
Faculty

Stephen R. Baird
Shareholder
Winthrop & Weinstine
Mr. Baird heads the Intellectual Property and Trademark and Brand Management Practice Groups, and his practice... | Read More
Mr. Baird heads the Intellectual Property and Trademark and Brand Management Practice Groups, and his practice emphasizes trademark law, related unfair competition law and copyright law. He counsels clients on trademark usage and clearance, branding strategies, portfolio management, litigation and enforcement, Internet domain name disputes, licensing and prosecution.
CloseJonathan Hudis
Partner
Oblon Spivak McClelland Maier & Neustadt
Mr. Hudis counsels clients in trademark, copyright, unfair competition and trade secrets matters and is well... | Read More
Mr. Hudis counsels clients in trademark, copyright, unfair competition and trade secrets matters and is well versed in trademark prosecution and registered copyright protection matters. He is an adjunct professor of trademark and unfair competition law at the George Mason University School of Law.
CloseJames H. Johnson, Jr.
Counsel
Sutherland Asbill & Brennan
He focuses on trademarks and service marks, unfair competition and domain name disputes. His experience includes... | Read More
He focuses on trademarks and service marks, unfair competition and domain name disputes. His experience includes prosecuting trademark applications; negotiating and drafting settlement agreements; handling infringements and oppositions; and handling clearance opinion memos and strategies. Before joining the firm, he gained experience with The Coca-Cola Company, the Kellogg Company and at the PTO.
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