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What future for the “use-based” Principal Register?

future Principal REGISTER
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What future for the “use-based” Principal Register?

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After the In re Bose Corporation decision, 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009), there has been serious discussion within the USPTO about the future topography of the US Principal Register. In Bose, the CAFC held that it is insufficient for a party alleging fraud to prove only that another “should have known” of the falsity of its statement, and that there must be proof of a false, material representation made “with the intent to deceive the PTO.” In the months since the decision issued, there has been ongoing discussion in the trademark community about the impact of the decision on the federal trademark registration system. The upcoming panel discussion will focus on the following questions: First, is there any concern about indirect effects of the Bose decision on the U.S. trademark register? Might the higher threshold for proving fraud reduce the risks associated with filing inaccurate identifications of goods or services? Put another way, has the Bose decision raised conc

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