U.S. Trademark Modernisation: What It Means for Foreign Brand Owners
March 12, 2021
World Intellectual Property Review
On December 27, 2020, then U.S. President Donald Trump signed the Trademark Modernization Act (TMA) into law. While the TMA can benefit foreign brand owners with its new rules and proceedings, it may also present them with challenges. One of the TMA’s principal goals is to reduce the number of spurious trademark registrations and applications that are based on inaccurate claims of use in U.S. commerce. The TMA has created three new tools to address this goal. Specifically, the TMA (i) provides for a broader and easier Letter of Protest system; (ii) creates a streamlined expungement procedure; and (iii) establishes new grounds for the re-examination of a registration.
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Tags
United States Patent and Trademark Office (USPTO), Trademark Trial and Appeal Board (TTAB), Trademark Modernization Act, ex parte reexamination
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Originally printed in World Intellectual Property Review on March 12, 2021. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.
