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Amendments to Trademark Laws

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Dez 02, 2021 (Newsletter Issue 17/21 )
USA
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USPTO Implements Trademark Modernization Act


The United States Patent and Trademark Office (USPTO) has published implementing regulations for the Trademark Modernization Act (TMA) of 2020.
For individuals, businesses, and the USPTO it becomes easier to clear away unused registered trademarks from the federal trademark register. Further, the USPTO can move applications through the registration process more efficiently.

The final rule
- establishes ex parte expungement and re-examination proceedings for cancellation of a registration when the required use in commerce of the registered mark has not been made;
- provides for a new non-use ground for cancellation before the Trademark Trial and Appeal Board (TTAB or Board);
- establishes flexible Office action response periods;
- amends existing letter-of-protest rule to indicate that letter-of-protest determinations are final and non-reviewable;
- sets fees for petitions requesting institution of ex parte expungement and re-examination proceedings as well as for requests to extend Office action response deadlines;
- amends the provisions on the suspension of USPTO proceedings and attorney recognition in trademark matters.

A new rule is added to address procedures regarding court orders cancelling or affecting registrations.

Most revisions to the Trademark rules take effect on December 18, 2021, some already came into force on December 1, 2022, such as the shorter response time for official acts. Petitions requesting institution of proceedings for re-examination or expungement will be accepted on or after December 27, 2021.

For more detailed information, visit the USPTO website here

Source: www.uspto.gov