article thumbnail

Due Diligence Deficit Sinks Fraud Claims in Trademark Battle

JD Supra Law

The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have been uncovered by the exercise of due diligence in a prior action. Marco Destin Inc. Levy et al.,

article thumbnail

Importance of Due Diligence for Patent Practitioners and the US/China Economic War

Patently-O

Vidal clarified that the agency did not specifically target Chinese fraudulent activity, but has observed that most of the current fraud and blatant misconduct within the PTO can be traced back to China. = = = 11.18 Signature and certificate for correspondence filed in the Office. (a) d) or § 2.193(a) of this chapter.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Trademarks in M&A Due Diligence

JD Supra Law

Due diligence of trademark registrations can get lost in the shuffle. In a complex merger or acquisition, there are many moving parts. But thorough review of brand assets can help avoid pitfalls and maximize the investment. By: Erise IP

article thumbnail

Trademark Rejected Again: Smarter Options to Respond to a Final Office Action

Patent Trademark Blog

Was your trademark application rejected again? It can be frustrating to receive a second refusal in your trademark application. Let’s explore smarter options when your trademark application is rejected again. Need to overcome a second trademark rejection? Trademark rejected again for being merely descriptive?

article thumbnail

Branding Due Diligence – Make it or Break it

Selvam & Selvam Blog

To make sure you create the right perception for the brand, thorough due diligence is a must. So how do you do proper brand due diligence from an IP (legal) perspective? Professional opinion: Trademark registration is a vital step in today’s era. Let us break it down into four points for ease of understanding.

article thumbnail

Role And Significance Of IP Due-Diligence In M&A Transactions In India

IIPRD

Hence, more and more mergers and acquisitions involve intellectual property which gives rise to the demand for Intellectual Property (IP) Due-Diligence at the time of Mergers, Acquisitions, etc. Evolving Significance of IP Due-Diligence for an M&A Transaction. of such businesses.

article thumbnail

How To Choose A Trademark Attorney

Patent Trademark Blog

Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications. With all this free advice readily avaiable, why do you even need to choose a trademark attorney?