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Trademark Modernization Act of 2020

US Capitol building in Washington DC

On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after being passed by the U.S. Congress and signed by the President as part of the end of year Consolidated Appropriations Act of 2021.

The TMA includes significant amendments to the Lanham Act (the federal trademark law) which are designed to modernize USPTO trademark examination procedures in addition to other areas of… Read More »


USPTO Post Registration Audit Program for Trademarks/Trademark Registration Maintenance

Magnifying glass, examining register mark

As the USPTO implements the Trademark Modernization Act (TMA), it has issued new guidance on how to improve the accuracy of the Register so that it reflects marks in use and does not contain registrations that should not be maintained or should not have been granted in the first place, for example, due to fake specimens, other fraud, or error.

As part of this effort,… Read More »


USPTO Deadline Extensions under CARES Act in Response to COVID-19

COVID-19 sign

In light of the recent COVID-19 pandemic, the United States Patent and Trademark Office (USPTO) continues to remain open and has extended filing deadlines for parties affected by COVID-19 including deadlines for patent applications, patent reexamination proceedings, Patent Trial and Appeal Board (PTAB) proceedings, trademark applications, trademark registrations, and Trademark Trial and Appeal Board (TTAB) proceedings. If the initial due date is between March 27,… Read More »


The U.S. Supreme Court Rules “FUCT” Trademark Should be Allowed to Register

U.S. Supreme Court Rules “FUCT” Trademark Should be Allowed to Register

On June 24, 2019, the U.S. Supreme Court decided in Iancu v. Brunetti that the trademark FUCT should be allowed to register in light of existing federal Trademark Law registration prohibitions against trademark applications which are deemed to be “immoral” or “scandalous”. The Supreme Court found that the prohibition against registration of such an application is an unconstitutional restriction on free speech and thus violating… Read More »


New Rule Requiring Licensed U.S. Attorneys to Represent Foreign Trademark Parties before the U.S. Patent and Trademark Office

Licensed U.S. Attorneys

On July 2, 2019, the United States Patent and Trademark Office (USPTO) announced a new rule requiring all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings to be represented by a United States licensed attorney.

The requirement applies to all parties whose permanent legal residence or principal place of business is outside the United States. The new rule requires… Read More »


Expedited Trademark Cancellation Program

Trademark

The USPTO is currently undertaking an initiative to ensure the accuracy and integrity of the Trademark Register and as part of this initiative, the Trademark Trial and Appeal Board (TTAB) recently began piloting a program exploring the effectiveness of an expedited cancellation proceeding regarding two types of challenges to registered trademarks.

Under the pilot program, the TTAB identifies newly-filed cancellation proceedings limited to abandonment or… Read More »


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