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ARTICLE · 01 DECEMBER 2021

Implementing The Trademark Modernization Act: New USPTO Regulations

Pryor Cashman LLP
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On December 27, 2020, the Trademark Modernization Act of 2020 ("TMA") was signed into law by President Trump, largely to combat the rise in fraudulent trademark filings emanating from foreign applicants...

United StatesIntellectual Property
Brad Rose
Brad Rose
Dyan Finguerra-DuCharme
Dyan Finguerra-DuCharme
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On December 27, 2020, the Trademark Modernization Act of 2020 ("TMA") was signed into law by President Trump, largely to combat the rise in fraudulent trademark filings emanating from foreign applicants, many of which reside in China. As part of what many consider the most significant trademark legislation in decades, the TMA amended the Lanham Act by, inter alia, providing for third-party submission of evidence relating to a trademark application, establishing expungement and ex parte proceedings relating to the validity of trademarks, and restoring the rebuttable presumption of irreparable harm for trademark owners seeking injunctions.1

On November 17, 2021 the USPTO issued its regulations implementing the provisions of the TMA which will largely go into effect as of December 18, 2021. According the USPTO, "[i]ndividuals, businesses, and the USPTO will now have new tools to clear away unused registered trademarks from the federal trademark register and the USPTO

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