Trademark Modernization Act of 2020: Proposed Rules

by Karin Cao (New York)

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:


USPTO Post Registration Audit Program

by Karin Cao (New York)

In November 2017, the United States Patent and Trademark Office (USPTO) implemented the Post Registration Audit Program. The purpose of this program is to ensure a more accurate trademark register by cancelling registrations not in use in commerce.

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