Fraud (Trademark) Law and Legal Definition

A trademark fraud happens when the mark owner knowingly made a false representation to the U.S. Patent and Trademark Office (USPTO) regarding a material fact. When a trademark owner willfully withholds material information also it can amount to trademark fraud. Normally, the USPTO will not have issued the registration but for its reliance on the false representation. Fraud in procuring or maintaining a trademark registration is a defense to trademark infringement. It can lead to the cancellation of the mark's federal registration because the mark owner retains common law rights. Under the Trademark law, a civil court can award damages to any person who has been damaged by the mark owner's fraud.