PTO Regulations Implement The Trademark Modernization Act Of 2020

Effective December 18, 2021, the U.S. Patent and Trademark Office (USPTO) regulations implemented the Trademark Modernization Act of 2020 (TMA). The purpose of the TMA is to have a well-functioning trademark system with a trademark register that reflects trademarks actually in use in the United States. The TMA is designed to clean up the register to eliminate dead registrations through simplified proceedings and speed up processing times for applications.

New Ex Parte Procedures

To eliminate "dead wood" from the register, there are two new ex parte procedures:

1. Expungement Proceeding. In an expungement proceeding, the PTO will determine whether a registered mark has never been used in U.S. commerce. Any party, or the Director, can seek to cancel some or all of the goods or services in a registration for never having used the mark. An expungement proceeding can be filed with the Director against any registration between 3 and 10 years following the date of