Registration Fraud

In a January 10, 2006 decision, the TTAB again held that in signing a statement of use, applicants must make a reasonable inquiry as to whether the mark is in fact in use in connection with the goods claimed and cannot simply rely on prior registrations or on the mere fact that his or her attorney prepared the statement of use. Moreover, a subsequent restriction to the registration does not cure the earlier fraud. Fraud in obtaining the registration, however, does not invalidate ones common law rights. Standard Knitting, Ltd. v. Toyota Jidosha Kabushiki Kaisha Opposition No. 91116242.