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Trademark Registration Trademark Modernization Act (TMA)

Kilpatrick

8 Key Takeaways | The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020

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Kilpatrick’s Chris Bussert, a senior counsel with more than 30 years of experience in helping clients protect and defend their most important assets and brands, recently wrote the article “The Presumption of Irreparable Harm...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2023: “Reasonable Investigation” Practice Tips for Trademark Expungement and Reexamination Proceedings

As the 1.5 year anniversary of the Trademark Modernization Act’s implementation approaches in June, the United States Patent and Trademark Office now offers an array of helpful guidance on the requirements, format, and even...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2023

Thank you for reading the April 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss practice tips for the two new petition processes instituted by the Trademark Modernization Act and highlight...more

Coblentz Patch Duffy & Bass

Key and Upcoming Changes from the Trademark Modernization Act: What You Need to Know

In December 2020, Congress passed the Trademark Modernization Act (the “TMA”), providing for numerous changes in the processes for registering trademarks and maintaining trademark registrations in the United States. Key...more

Seyfarth Shaw LLP

USPTO Shortens Response Periods for Trademark Office Actions

Seyfarth Shaw LLP on

Pursuant to the Trademark Modernization Act of 2020 (“TMA”), changes to certain procedural rules for ex parte trademark prosecution are now being implemented at the U.S. Patent and Trademark Office (“USPTO”). One of these...more

Kilpatrick

5 Key Takeaways - Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act

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Kilpatrick Townsend’s Ted Davis recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act.”...more

Ballard Spahr LLP

Trademark Office Shortens Deadline to Respond to Office Actions

Ballard Spahr LLP on

The United States Patent and Trademark Office (USPTO) is amending the rules of practice in trademark cases to implement provisions of the Trademark Modernization Action of 2020 (TMA). Effective December 3, 2022, the period to...more

Seyfarth Shaw LLP

The Five Biggest Mistakes the USPTO is Seeing in Expungement and Reexamination Petitions—and How to Avoid Making Them Yourself

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The U.S. Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. And although the Office has issued guidance...more

Kilpatrick

5 Key Takeaways | Combating Misrepresentations in Trademark Prosecution and Maintenance

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Kilpatrick Townsend Partner Ted Davis recently spoke at the New York Intellectual Property Association. He discussed "Combatting Misrepresentations in the Trademark Prosecution and Maintenance" during the Hot Topics in...more

Fox Rothschild LLP

USPTO Updates Trademark Manual of Examining Procedure

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As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering...more

Faegre Drinker Biddle & Reath LLP

Expungement and Reexamination: A Mid-Year Check-In

This time last year, we introduced a series of blog posts in which we provided an overview of the new ex parte examination and expungement proceedings introduced by the Trademark Modernization Act (“TMA”) and pondered a...more

Ladas & Parry LLP

The Trademark Modernization Act: A Primer For Brand Owners

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On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades...more

Levenfeld Pearlstein, LLC

Modern Problems: Recent and Upcoming Changes to US Trademark Practices Could Impact Your Business

The Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020. The TMA amended the federal trademark law (known as the Lanham Act) to provide new tools to address abuses of the US trademark...more

Ward and Smith, P.A.

The Trademark Modernization Act

Ward and Smith, P.A. on

Background on Trademark Rights - While it is not required to establish trademark rights in the U.S., there are many benefits to applying to register trademarks with the U.S. Patent and Trademark Office ("USPTO").  For...more

Kilpatrick

5 Key Takeaways - Combating Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and...

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Kilpatrick Townsend’s Ted Davis and Rita Weeks recently presented on the topic of “Combating Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond.” The Trademark...more

Dickinson Wright

Trademark Modernization Act—What New and Upcoming Changes Could Mean for Your Trademarks

Dickinson Wright on

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to...more

Kilpatrick

[Webinar] Combatting Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond -...

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The Trademark Modernization Act, many aspects of which went into effect December 27, 2021, implemented numerous changes to United States trademark practice, including codification of letters of protest, changes to the...more

Fenwick & West LLP

Expungement and Reexamination and Shorter Trademark Office Action Response Periods, Oh My!

Fenwick & West LLP on

Yes, you read that correctly. Trademark practice at the U.S. Patent and Trademark Office as we know it is about to change (well, at least in part). The USPTO recently published its final rule implementing certain...more

Orrick, Herrington & Sutcliffe LLP

New Proceedings under the Trademark Modernization Act of 2020: Expungement and Reexamination

As 2021 drew to a close, the United States Patent and Trademark Office (USPTO) introduced two new procedures pursuant to the Trademark Modernization Act of 2020 (the “Act”), providing new, streamlined avenues to seek...more

Chambliss, Bahner & Stophel, P.C.

New Tools for Canceling Trademarks

Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services? Unfortunately, it is happening...more

Sullivan & Worcester

The Trademark Modernization Act: New Procedures, New Deadlines and New Standards

Sullivan & Worcester on

On December 18, 2021, the U.S. Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect. The first major overhaul of the Lanham Act since 1998, the TMA introduced...more

Kilpatrick

Changes to Federal Trademark Law and Their Effective Dates Under the Trademark Modernization Act and its Implementing Regulations

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I. Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021....more

Haug Partners LLP

Changes to USPTO Procedures from the Trademark Modernization Act of 2020

Haug Partners LLP on

On December 7, 2020, Congress enacted the Trademark Modernization Act of 2020 (the “TMA”). The United States Patent & Trademark Office (the “USPTO”) recently promulgated rules implementing the TMA, which, in large part, took...more

Jones Day

New Year, New Trademark Proceedings

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This year kicked off with new tools to help brand owners protect and enforce their marks. The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark...more

Neal, Gerber & Eisenberg LLP

Trademark Modernization Act Provisions Take Effect

As we wrote in January 2021, the Trademark Modernization Act of 2020 (TMA) brought significant changes to trademark law and practice. The TMA clarified the standard for brand owners seeking injunctions against infringers in...more

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