Mars Inc. filed a petition with the U.S. Patent and Trademark Office that claims the performer, Robert Burck, committed fraud when he obtained his trademark, the New York Post reported Wednesday. The company claims he did not produce a list of items that would be covered by his trademark.

Burck filed a $6 million suit against the company three weeks ago after billboards on Time's Square bore the image of a blue M&M dressed in a fashion similar to his Naked Cowboy apparel.