Tag Archives: PTO

Federal Circuit Rules That Mark Cannot Be Cancelled Due To Fraudulent Incontestability Declarations

By Nicholas Zalany on Posted in Brand Protection, IP Litigation, Judiciary, Trade Mark, Trademarks
The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. In Great Concepts LLC v. Chutter, Inc., the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark … Continue Reading

Rulemaking at the US Patent Office: Does Director Guidance On Discretionary Denials of Review Require Opportunity for Public Comment?

By Tamara Fraizer and Frank Bernstein on Posted in IP Litigation, ITC Section 337, Judiciary, Patent Litigation, PTAB, Supreme Court, Technology, US, USPTO
The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. The complaint alleges that the so-called Fintiv factors – initially set forth in two opinions designated by the … Continue Reading
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