COVID-19 as Excusable Nonuse in Trademark Maintenance Filings

On April 12, 2021, the USPTO issued an alert announcing that certain circumstances related to COVID-19 may excuse nonuse of a trademark or service mark for the purposes of Section 8 and Section 71 maintenance filings. Specifically, if COVID-19 has directly affected the trademark holder and/or their business, preventing them from using their trademark, they may ask to be temporarily excused from providing proof of use.


Trademark Modernization Act of 2020: Proposed Rules

Enacted on December 27, 2020, the Trademark Modernization Act (TMA) amends the prior Trademark Act of 1946. The main amendments proposed by the TMA are:

(1) To set Office Action response deadlines, at the Examiner’s discretion, between thirty (30) days and six (6) months from the issuance of the Office Action, but allowing applicants to extend the deadline up to a maximum of six (6) months;

(2) To create new ex parte proceedings that would allow a third party to challenge whether a trademark is properly in use in commerce:


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