A RETURN TO NORMALCY: In Re Bose and Its Implications

In a closely-watched decision, the United States Court of Appeals for the Federal Circuit reversed a line of Trademark Trial and Appeal Board (TTAB) decisions that found applicants guilty of fraud based on incorrect allegations of use. In In re Bose Corp., the Federal Circuit restored the standard for finding fraud to an intent-based standard. This is a critical development for trademark applicants and registrants, as it reduces the potential that innocent mistakes in allegations of use will jeopardize valuable trademark registrations...