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Commentary

Fed Circuit Leaves 'Reckless Disregard' TM Question Open

October 26, 2023

Managing Intellectual Property

The latest ruling from the Court of Appeals for the Federal Circuit leaves a lot to question regarding whether reckless disregard is enough to prove trademark fraud by the USPTO. In mid-October, the Federal Circuit decided that the Trademark Trial and Appeal Board was not authorized to cancel registration based on a fraudulent Section 15 declaration. This ruling reversed a 2021 TTAB decision. The case is Great Concepts v. Chutter.

Finnegan partner Chip Rettew told Managing Intellectual Property that the ruling isn’t surprising.

He said a lot of people were anticipating that the Federal Circuit would give more guidance as to what exactly reckless disregard entails.

“We’ll have to wait another day to get more clarity,” he says.

Chip expects that parties will continue to allege that others have committed fraud at the USPTO.

“Eventually there will be more guidance on what reckless disregard is,” he says.

Read “Fed Circuit Leaves 'Reckless Disregard' TM Question Open”

Tags

Trademark Trial and Appeal Board (TTAB), United States Patent and Trademark Office (USPTO)

Related Practices

Global IP Enforcement, Litigation, and Trials

Trademark Litigation and Trials

Trademark and Brand Management

Trademark Oppositions and Cancellations

Related Offices

Washington, DC

Related Professionals

Douglas A. Rettew
Partner
Washington, DC
+1 202 408 4161
Email

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