Understand the latest cases of trademark fraud and how best to successfully challenge fraudulent filings.
Many inaccurate or fraudulent trademark applications are filed, among the thousands of applications made each year. Such filings may infringe upon or block the registration of legitimate trademarks, resulting in businesses being damaged because they cannot effectively market their products and services. This topic will teach lawyers and businesspeople to recognize trademark fraud and to identify its elements and defenses. It will explain how evidence of fraud can be used in registration and cancelation proceedings to void registration of fraudulent applications and registrations. Review concrete examples of the types of false statements that constitute fraud and the types that will be excused as mistakes or technical defects. This material will also examine the latest cases of trademark fraud and prepare trademark practitioners to successfully challenge fraudulent filings.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Elements of Trademark Fraud
- Material Representation
- Falsity
- Intent to Deceive (Known or Should Have Known)
- Occurs in Registration Proceeding
- Bose and Nationwide Mortgage Cases
Defenses to Trademark Fraud
- Mistake
- Cure
- Technical Defect
Situations in Which Fraud May Be Alleged
- Mark Not Currently in Use
- Specimen Not Currently in Use
- Mark Not Used on All Goods and Services Listed
- Inaccurate Dates
- Other
Using Evidence of Fraud
- Oppositions to Registration
- Cancellation Proceedings
- Counterclaims to Infringement Actions
- Cancelation of Whole Registration
- Cancelation of Partial Registration
- Case Law
Discovery of Fraud
- USPTO Audits
- Industry Searches
- Other
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 24, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Gretta C. Spendlove
Dentons Durham Jones Pinegar P.C.
- Shareholder with Dentons Durham Jones Pinegar P.C.
- Practice emphasizes commercial real estate, corporate law, business transactions, and trademarks
- Conducts regular seminars and workshops in fields of real estate contracts, land use and title law, easements and boundary disputes, commercial financing and leasing, and use of LLCs for real estate development
- Member, CCIM, NAIOP, CREW, ULI, ACG
- J.D. degree, University of Arizona
- Can be contacted at 801-415-3000 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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