Counsel: USPTO Should Beat Bad Marks with New Fraud BarCounsel: USPTO Should Beat Bad Marks with New Fraud Bar

On September 30, the Trademark Trial and Appeal Board (TTAB) issued its decision in Chutter v Great Management Group, ruling that reckless disregard for the truth in a statement made to the U.S. Patent and Trademark Office (USPTO) constitutes fraud. The ruling has received conflicting feedback on how the USPTO should react moving forward. Some argue that it is the USPTO's responsibility to educate stakeholders on the outcome of the ruling to ensure that applicants and trademark practitioners are aware of its importance. Others believe the onus lies on trademark applicants to take responsibility when ensuring their statements are accurate at the USPTO. Managing Intellectual Property interviewed Finnegan partner Brett Heavner for his thoughts on the ruling.

Brett said that any practitioner representing someone in front of the USPTO should be informed of the latest court decisions. He said, "It just seems indefensible to me that any practitioner would sign something without reading it." He also believes non-attorney applicants should be held accountable as well. "If you're told you need to read and sign a declaration, a reasonable person should read it and make certain they understand what they're signing."

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