Trademark Modernization Act and Its Impacts on Trademark Practice

This article discusses the key changes to trademark law contained in the Trademark Modernization Act of 2020 (TMA), including a rebuttable presumption of irreparable harm, a process for submitting third-party evidence during trademark examination, shortened office action response periods, and new ex parte expungement and reexamination procedures for canceling existing registrations.

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Related Content

• Trademark Infringement and False Designation of Origin Claims, Remedies, and Defenses
  Learn more about the various remedies available in trademark litigation, including injunctive relief and the irreparable harm requirement.
• TTAB Litigation: Cancellation Proceedings
  Weigh the pros and cons of a traditional inter partes cancellation proceeding vis-à-vis the new ex parte expungement and reexamination procedures (which will take effect on December 27, 2021).
• Letters of Protest and Supporting Evidence Checklist
  Get a quick refresher on letters of protest, an informal procedure of the USPTO for submitting third-party evidence during trademark examination (which the TMA codified).

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