The U.S. Court of Appeals for the Federal Circuit ruled that the PTO’s Trademark Trial and Appeal Board used the incorrect fraud standard in a recent ruling involving the Bose Corp.’s WAVE trademark. As a result of this ruling, the standard for fraud is now the same for both trademark and patent applications.
To prove fraud now you must show intent to deceive by clear and convincing evidence rather than merely a false representation due to an honest misunderstanding without any willful intent to deceive.
A copy of the opinion can be found at: http://www.cafc.uscourts.gov/opinions/08-1448.pdf
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