After years and years of trademark refusals stacking up in the USPTO (United States Patent and Trademark Office) directory, a significant change is in the works and on the way. TMA (Trademark Modernization Act) will begin in effect this year in 2021. Specialists have advised the act will take place no later than December and will provide new tools for applicants in hopes of decreasing the number of denials to their trademark applications and challenging the inaccuracy of trademark applicants and registration use claims so that business owners in the U.S. will make more ethical branding decisions for their products and services.
New procedures the Trademark Modernization Act plans to set forth:
- Two new post-registration proceedings to request the cancellation of new trademarks filed with the USPTO Director.
- Expungement: one may request the removal of specific goods/services in a trademark registration because the registrant never used the trademark in U.S. commerce.
- Reexamination: one may request the removal of specific goods/services by arguing that the trademark was not in use by a particular date as alleged by the registrant, usually by showing the specimen showing the brand in use was not accurate.
If one of these proceedings has been initiated, the registrant may provide evidence in response to prove the information in their trademark is accurate.
Letter Of Protest Procedure
A Letter of Protest allows third parties to submit evidence prior to an application’s registration that challenges its eligibility to be registered. The TMA wants to systemize the Letter of Protest process today and rid some of the ancient long standings that are seldomly used.
Per the TMA, a trademark owner who is seeking injunctive relief (to cease a party’s use or act of doing something in a certain way) is entitled to an arguable presumption of irreparable harm upon a finding of infringement based upon the facts of the case. Thus, this rule will help trademark owners and future applicants to enforce their rights against infringers in federal court.
Call A Trademark Attorney
The trademark attorneys at Enara Law are specialists in the drafting of trademarks. Either they are guiding you through the process or taking on your entire application process altogether. Enara Law ensures your trademark is done the first time correctly so that you don’t have to worry about spending extra funds on application discrepancies to the filing process. You can reach out to Enara Law by telephone at 602-687-2010 or email us at [email protected]. Let Enara Law build and protect your business today.