Monday, March 15, 2010
Standard for proving fraud on a trademark applicant
In Enbridge Inc. v. Excelerate Energy Ltd., 92 U.S.P.Q. 2d 1537 (T.T.A.B. Oct. 6, 2009) the Trademark Trial and Appeal Board ("TTAB") , held that if a trademark application is filed with incorrect information, a registrant's claim of honest mistake and good faith correction, such as by filing an amendment, is sufficient to form a genuine issue of material fact on the issue of "intent to deceive." And thus defeats a motion for summary judgment on fraud.