ARTICLE
28 November 2021

Holiday Reading: The Trademark Modernization Act Of 2020 And Newly-Issued Implementing Regulations

WG
Wolf, Greenfield & Sacks, P.C.

Contributor

For nearly a century, Wolf Greenfield has helped clients protect their most valuable intellectual property. The firm offers a full range of IP services, including patent prosecution and litigation; post-grant proceedings, including IPRs; opinions and strategic counseling; licensing; intellectual property audits and due diligence; trademark and copyright prosecution and litigation; and other issues related to the commercialization of intellectual property.
The USPTO has issued its final regulations under the Trademark Modernization Act of 2020.The new rules go into effect on December 18, 2021, except for the implementation of the shorter response period for office actions, ...
United States Intellectual Property

The USPTO has issued its final regulations under the Trademark Modernization Act of 2020. [pdf of Act here]. The new rules [pdf here] go into effect on December 18, 2021, except for the implementation of the shorter response period for office actions, which will go into effect on December 1, 2022. Petitions requesting institution of proceedings for reexamination or expungement will be accepted on or after December 27, 2021.

The Office states that, under the new provisions, individuals, businesses, and the USPTO itself will now have new tools to clear away unused registered trademarks from the federal trademark register, and the Office will have the ability to move applications through the registration process more efficiently. A summary of the new provisions may be found here at the USPTO website.

TTABlogger comment: Note that the new "nonuse" ground for cancellation will not affect the current ground of abandonment.

The TTABlog

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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