2023 IP Outlook: Developments In Trademark And Copyright Process And Procedure (Video)

Throughout 2022, the procedural rules of the US Patent and Trademark Office (PTO) and the newly formed Copyright Claims Board (CCB) underwent several developments. The PTO outlined a new administrative process for addressing fraudulent trademark submissions, shortened the response time for trademark office actions and tested procedural rules for the Trademark Modernization Act. Meanwhile, the US Copyright Office issued new rules that govern CCB procedure. These developments should help businesses obtain intellectual property protection more efficiently in 2023.

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Under its new guidelines, the PTO can now sanction suspicious trademark filings based on an investigation triggered by information from examining attorneys, data analytics or internal sources. The PTO appears to be capitalizing on this new power and has already sanctioned three entities, which are controlled by one company and collectively defrauded more than 5,500 trademark applicants.