USPTO Implements the Trademark Modernization Act
The USPTO Implements the Trademark Modernization Act: Considerations for Applicants, Brand Owners, and Practitioners Regulations recently went into effect that will make it easier to challenge existing trademark registrations, in order to cancel registrations that were obtained fraudulently or that are no longer in use. In recent years, the trademark Principal Register has been cluttered with fraudulent trademark registrations. Fraudulent applications that successfully register deplete the availability of marks for legitimate business owners. The Trademark Modernization Act of 2020 (“TMA”) was enacted to clean up the Register in a fast and cost-effective manner. The regulations implementing the TMA went into effect as of December 27, 2021. The TMA amends the Lanham Act by enabling businesses, individuals and the United States Patent and Trademark Office (USPTO) to initiate ex-parte proceedings related to the validity of trademarks, restoring the rebuttable presumption of irreparabl