In re Bose Corp.

Bose Corporation renewed its WAVE trademark for all originally registered goods, including audiotape recorders and players it had stopped selling, though it continued repairing and returning warrantied units. The signer, Mark Sullivan, believed that repair-and-return activity counted as use in commerce. When Hexawave applied to register its own mark, Bose opposed, and Hexawave counterclaimed that Bose's WAVE mark should be cancelled for fraud on the Patent and Trademark Office (PTO). The Trademark Trial and Appeal Board found Sullivan should have known repair-and-return wasn't use in commerce and cancelled the mark for fraud.