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ARTICLE · 27 OCTOBER 2022

Important Changes In USPTO Trademark Practices To Take Effect On Dec. 3, 2022

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As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 23, 2021), beginning on Dec. 3, trademark applicants will have three months...

United StatesIntellectual Property
Nancy R. Frandsen
Nancy R. Frandsen
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As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 23, 2021), beginning on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond to office actions issued during the examination of trademark applications at the United States Patent and Trademark Office (USPTO). The same change will go into effect next year (on Oct. 7, 2023) for post-registration office actions.

Since the passage of the Lanham Act in 1946, applicants have always had six months to file their response to office actions. However, perhaps because faster communications are now possible, it is the intention of the USPTO that shortening the time frame to three months will do the following:

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