In large part, the Trademark Modernization Act (TMA), signed into law by President Trump on December 27, 2020, will take effect on December 27, 2021. Driven by a rising concern regarding the proliferation of applications and registrations (particularly emanating from China) for trademarks that are not actually in use in United States commerce, the TMA requires the United States Patent and Trademark Office (USPTO) to implement new procedures that will allow third parties to more readily challenge pending applications and issued registrations that may be spurious. The new provisions may have a significant impact on non- US trademark owners and may require a fresh look at their trademark portfolios in order to avoid these new avenues of attack. Read more
Tuesday, November 23 2021 \ Published by Mondaq.