Trademark Modernization Act Implementation: Lessons Learned in the First Year

Description

The TMA went into effect in December 2021. The USPTO has seen a surge in trademark applications, which has resulted in serious delays in application processing time. Recently, the TMA introduced a new deadline, which went into effect on Dec. 3, 2022, to respond to office actions. The new deadline gives a three-month rather than six-month statutory period to respond to office actions.

The final implementing regulations for the TMA provided a better understanding of the TMA's effect on trademark practice. Among other things, the implementing regulations clarified the procedures governing the TMA's new ex parte reexamination and expungement mechanisms for challenging registrations of marks not used in commerce.

The TMA codified a presumption of irreparable harm upon a violation of the Lanham Act in a manner assisting prevailing plaintiffs under the Lanham Act in securing injunctive relief. And, unlike the TMA's ex parte reexamination and expungement proceedings, the codified presumption of irreparable harm was effective immediately upon the TMA's signature into law.

Listen as our authoritative panel of IP attorneys examines lessons learned in its first year of implementation and the evolution of trademark practice under the TMA. The panel will discuss the latest procedures and protocols under the TMA and the effect of the codification of the presumption of irreparable harm since the TMA's enactment. The panel will offer best practices for navigating the TMA and its implementing procedures.