A growing number of aggressive decisions by the Trademark Trial and Appeal Board (TTAB) and the courts on the issue of fraud in the trademark application process has attorneys and industry watchers concerned about the repercussions for the apparel industry.

A growing body of case law is beginning to raise the issue of whether a trademark registration is at risk for cancellation based on a third-party allegation of fraud committed by the registrant in the application or post-application process. Most of the decisions involve companies unrelated to apparel, but the potential impact on the fashion industry could be far-reaching.
“If an applicant obtains a U.S. trademark registration/renewal on an application which contains a false material statement (such as a listing of goods on which the applicant has not used the mark), the registration is subject to cancellation,” said attorney Crystal A. Zarpas, a partner in Mann & Zarpas LLP in Sherman Oaks, Calif. “Of great concern to many is the fact that this developing case law has called into question the validity of a significant number of existing U.S. trademark registrations.” (Source)

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