TTAB Says Chutter Still Good Law: Reckless Disregard in Obtaining or Maintaining a Registration is Enough for Fraud


In the case of Ruifei (Shenzhen) Smart Technology Co., Ltd. v. Shenzhen Chengyan Science and Technology Co., Ltd., the Board affirmed the precedent set by Chutter, Inc. v. Great Management Group, LLC, stating that reckless disregard for the truth is sufficient for a finding of fraud on the USPTO. The dispute centered on allegations of fraud committed by Shenzhen Chengyan in obtaining and maintaining its registration for the mark DISO for specific electronic goods. The Board emphasized that fraudulent intent must be proven by clear and convincing evidence, and in this case, the petitioner failed to demonstrate that the respondent acted with intentional deception or reckless disregard for the truth. Consequently, the petition for cancellation was denied. This decision is noteworthy for its reaffirmation of the principles established in Chutter and its implications for future trademark matters.



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