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Fraud Claim May Be Based on False Claims of Acquired Distinctiveness

In a precedential decision, the U.S. Trademark Trial and Appeal Board (TTAB) held that a claim of fraud on the U.S. Patent and Trademark Office (USPTO) may be based on alleged misrepresentations made by an applicant in attesting to a claim of acquired distinctiveness, regardless of whether the claim was submitted in response to a refusal to register., LLC v. Charles Krugh, Cancellation No. 92074232 (Mar. 30, 2021).

This article, authored by Loeb & Loeb lawyers Sara Crisafulli and Melaina Jobs, explores, LLC petition to the USPTO to cancel respondent Charles Krugh’s U.S. registration for the DOCTOR DISABILITY word mark on several bases, including fraud.

Click here to read the full article on INTA’s website.