Trademark Modernization Act Enacted on December 27, 2020

    On December 27, 2020, the Trademark Modernization Act of 2020 was enacted under the Consolidated Appropriations Act of 2021.

    The act includes several amendments to the Lanham Act of 1946, including: 1) an ex parte reexamination proceeding and an ex parte expungement proceeding for unused trademarks, 2) “a uniform rule that establishes a rebuttable presumption of irreparable harm for plaintiffs seeking injunctive relief” for trademark infringement, 3) a formal procedure for proffering a “Letter of Protest” for a pending trademark application, and 4) a rule allowing examiners “to set shorter response times for office actions.”

    Read more at the National Law Review

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