Tuesday, May 18, 2021

USPTO issues notice of proposed rulemaking to implement the Trademark Modernization Act

The United States Patent and Trademark Office (USPTO) will issue a notice of proposed rulemaking on Changes To Implement Provisions of the Trademark Modernization Act (TMA) of 2020 on May 18, 2021. The agency is seeking feedback on the new proposed rules.

The proposed rules address:

  • Two new ex parte proceedings to cancel registered trademarks for nonuse
  • A new ground for cancellation of a registration before the Trademark Trial and Appeal Board
  • Shorter response times for office actions
  • Letter of protest practice
  • Attorney recognition until revocation or withdrawal
  • Attorney withdrawal requirements
  • Court orders concerning registrations

The USPTO will be holding public roundtables to explain the proposed rules and answer questions. Further information on the public roundtables will be provided on the TMA webpage of the USPTO website.

You may submit feedback from tomorrow, May 18, 2021, to Monday, July 19, 2021, at www.regulations.gov

Find more information about TMA implementation on the TMA webpage of the USPTO website.