Counsel Split on Whether USPTO’s TMA Rules Will Deter Bad Guys
May 27, 2021
Managing Intellectual Property
On May 18, 2021, the U.S. Patent and Trademark Office (USPTO) proposed new guidelines to implement the Trademark Modernization Act of 2020 (TMA), set to go into effect in December 2021. The new rules require a petitioner to conduct a reasonable investigation before filing an ex parte expungement or ex parte reexamination proceeding. Finnegan partner Brett Heavner says the goal of these regulations is to discourage bad actors from targeting innocent brands with the new TMA proceedings. “It’s really comforting to know that someone can’t just start the procedure without having done some real homework.” However, Brett noted that the proposal does not include any policies regarding applicants or registrants making false statements.
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