New Process to Nix Unused Trademarks Leads 2022 USPTO Priorities

In 2022, the U.S. Patent and Trademark Office (USPTO) will prioritize tools to cut down on the number of suspect trademark registrations. This increased effort to challenge and reexamine trademark registrations comes following the implementation of the Trademark Modernization Act (TMA) on December 18, 2021. The USPTO also aims to crack down on counterfeiting and trademark infringement on online retail and social media platforms. Bloomberg Law contacted Finnegan partner Danny Awdeh to discuss the increased focus on platform liability.

Danny stated, "There is a lot of pressure mounting on whether these types of platforms are doing enough to make sure counterfeit products are not making it to consumers... [citing] legislative pressure, court cases, and advances in technologies that may be due for breakthroughs in the next year.”

Drawing from recent experience, Danny pointed to a case concerning trademark infringement claims against Amazon by Finnegan client Maglula Ltd., in which Amazon rejected acting against Chinese counterfeiters hosted on the retail platform. While the parties ultimately settled, the court denied summary judgment for Amazon, noting it was "simply not a case where Amazon can deflect liability."

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