The Trademark Modernization Act Of 2020: A Summary

The Trademark Modernization Act of 2020 (TMA), enacted on December 27, 2020 as part of the coronavirus relief bill, made significant changes to federal trademark law.  The TMA creates a handful of new tools which trademark owners can use to challenge false or inaccurate claims of trademark rights.  It also resolves a fifteen-year-old circuit split involving the issue of irreparable harm in trademark actions for injunctive relief.  Below is a summary of the TMA's provisions and what to expect when they are implemented by the U.S. Patent and Trademark Office (USPTO) later this year.

New Petitions for Expungement, Reexamination and Cancellation

Expungement

The TMA allows anyone to file a petition to expunge (remove) good and services from a trademark registration on the basis that the mark has never been used in commerce in connection with those goods and services.  The petitioner has to conduct a "reasonable investigation" into the non-use and submit facts and