False Addresses in a Specimen of Use = Fraud
In a recent decision of the Trademark Trial and Appeal Board, Look Cycle International v. Kunshan Qiyue Outdoor Sports Goods Co., Ltd. (Cancellation No. 92079409), August 9, 2024, the trademark registration BLOOKE (Registration No. 6683483) was cancelled by the TTAB due in part to fraud committed on the USPTO.
“Fraud in procuring or maintaining a trademark registration occurs when an applicant for registration, or a registrant in a post-registration submission, knowingly makes a false, material representation of fact in connection with an application to register, or a post registration maintenance document, with the intent of obtaining or maintaining a registration to which it is otherwise not entitled.”
Fraud was found in part due to the submission of alleged invoices evidencing sales of the goods. The problem – the three customer addresses in the invoices did not exist. The TTAB dismissed the Respondent’s argument that there was no material misrepresentation because the Examiner did not rely on the accuracy of the addresses in granting the registration, instead finding that the facts demonstrated intentional deception. The TTAB noted that even if the facts did not demonstrate intentional deception directly, they demonstrate a reckless disregard for the truth from which intention can be inferred.
The most astonishing aspect of the fraud – the specimens relied upon were not required to prove use. Invoices are not required to prove use of a trademark. That said, it is always a good practice to maintain records of your first trademark use and first sales and to provide such evidence to your attorney for safekeeping, in case the priority date is ever challenged.
For the full decision, click here: Look Cycle International v. Kunshan Qiyue Outdoor Sports Goods Co., Ltd.
