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Precedential No. 27: Correction of Error in Goods Prior to Publication Creates Rebuttable Presumption of No Fraud, Says TTAB

In its latest fraud ruling, the TTAB has addressed the vexing issue of whether fraud is avoided if an applicant corrects a false statement as to the goods or services in a use-based application before the application is published. The panel majority ruled that amending an application to correct an erroneous identification of goods, prior to publication, creates a rebuttable presumption that the applicant did not commit fraud on the PTO. Moreover, the panel ruled that a genuine issue of material fact existed as to whether the statement of use was false. In a concurring/dissenting opinion, Judge Walsh expressed a much broader view. He would have granted summary judgment to Opposer because, in his view, timely correction of an error prior to registration and prior to any challenge to the application should completely defeat any fraud claim...continue to full post

Full post as published by The TTABlog on May 22, 2008 (boomark / email).