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Fraud in Trademark Cases

Once again, the Trademark Trial and Appeal Board (TTAB) failed to find fraud in the procurement of a trademark registration.  To prove fraud before the TTAB, a party must present evidence that the applicant knowingly made a false, material statement in connection with the application, with the intent to deceive the USPTO.  It is this final point, the intent to deceive, where most opposer' are found lacking.  In Pretty Pale, Inc. v. JADS Int'l LLC, the TTAB found that the oppose failed to prove the required intent to deceive.  Although the applicant provided no evidence to explain why it had made false, material statements to the USPO, the oppose failed to present evidence of the applicant's intent.  The oppose has the burden of proving its case by clear and convincing evidence.  The oppose failed to present any evidence of the applicant's intent, and therefor failed to prove fraud.