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ARTICLE · 10 DECEMBER 2021

USPTO Trademark Modernization Act Rules Become Effective December 18, 2021

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Trademark Modernization Act authorizes the United States Patent and Trademark Office (USPTO) to amend its trademark rules of practice to provide several useful ways to challenge applications...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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The Trademark Modernization Act authorizes the United States Patent and Trademark Office (USPTO) to amend its trademark rules of practice to provide several useful ways to challenge applications and registrations that do not demonstrate actual use in commerce: (1) ex parte expungement and reexamination proceedings as a means for removing registrations based on inaccurate claims of use in commerce; (2) a new ground for alleging nonuse before the Trademark Trial and Appeal Board; and (3) codification of the letter of protest procedure. Letters of Protest may also assert likelihood of confusion arguments. 

These new measures will go into effect on December 18, 2021.

Ex Parte Expungement and Reexamination Proceedings

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