New Year, New Trademark Proceedings

The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark registrations have been obtained and maintained for marks that are not in use in U.S. commerce. As part of the Trademark Modernization Act of 2020 ("TMA"), new procedures are now available to cancel such trademark registrations.

Starting December 27, 2021, the U.S. Patent and Trademark Office ("USPTO") began accepting petitions to reexamine or expunge trademark registrations from the federal register. There is no standing requirement to file a petition. The goal of these two types of proceedings is to provide a faster, more efficient, and less expensive alternative to a cancellation proceeding before the Trademark Trial and Appeal Board ("TTAB").