The TTAB [Trademark Trial and Appeal Board] recently granted a petition to cancel a trademark registration for MONTELVINI VENEGAZZU for wines, spirits, and liqueurs on the ground that the filing of a “routine” declaration constituted a fraud on the USPTO.
As in prior decisions, the TTAB emphasized the obligation of a registrant to work with its counsel to protect against the possibility of false statements. The TTAB concluded that by signing its declaration, Respondent was under an obligation to investigate and thoroughly understand the applicable laws in the jurisdiction in which it is operating—namely, the United States—and that TTAB precedent mandates that distinctions in language and culture do not negate a finding of fraud.
The TTAB continues to strictly adhere to its Medinol fraud standard, and defenses about miscommunications between counsel, cultural differences regarding the goods, and a lack of understanding about
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
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