John Welch asks ten questions about the state of the law on so-called “fraud” on the Trademark Commissioner, i.e., the type that invalidates a trademark. This is “fraud” of the type that most people in most walks of life, including lawyers, would call… a mistake.
UPDATE: Two lawyers from Lowenstein Sandler, one of my many law firm “alma maters,” flesh out the issue. Conclusion: “In the post- Medinol world of trademark prosecution, simple mistakes such as checking a box at the wrong time can have far-reaching consequences. Check the facts before you check that box.”