Proving fraud ‘to the hilt’
Robert J. Kenney & Katherine M. Peden for World Intellectual Property Review
Since the Federal Circuit re-established the appropriate standard for proving fraud against the US Patent and Trademark Office (USPTO) to be “clear and convincing evidence” of deceptive intent in its August 2009 In Re Bose Corp. decision, subsequent decisions continue to provide further guidance on the application of the standard. In September, the Trademark Trial and Appeal Board (TTAB) offered clarification to the standard as it applies to the sufficiency of evidence in M.C.I. Foods, Inc. v Bunte.