Article
The Eleventh Circuit Finds No Fraud On The PTO Where Declarant Had No Personal Knowledge Of Use Of Similar Marks
Addressing the cancellation of four word marks based on alleged fraud on the U.S. Patent and Trademark Office (PTO), the United States Court of Appeals for the Eleventh Circuit found that a district court clearly erred in ruling that the plaintiff, a religious organization, committed fraud where a declarant had no awareness that any other organization was using marks for which protection was sought.
McDermott Will & Emery
