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ARTICLE · 18 FEBRUARY 2021

A Practical Guide To The Trademark Modernization Act Of 2020

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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The Trademark Modernization of 2020 ("TMA") became law on December 27, 2020. It should be fully implemented and take effect on December 27, 2021.

United StatesIntellectual Property
Brett Heavner
Brett Heavner
Yinfei Wu
Yinfei Wu
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The Trademark Modernization of 2020 ("TMA") became law on December 27, 2020.  It should be fully implemented and take effect on December 27, 2021.

The TMA amends the Lanham Act in three key aspects.  First, it institutes new tools to remove USPTO trademark filings that are based on inaccurate claims of use in U.S. commerce.  Second, the TMA provides for discretionary shortened response deadlines to office actions, authorizing Examining Attorneys to unclutter the federal register to eliminate applications that will ultimately be abandoned.  Third, the TMA restores the rebuttable presumption of irreparable harm in jurisdictions that have dismissed it, increasing the brand owner's chances of successfully obtaining injunctive relief. 

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