The Trademark Modernization Act Establishes New Trademark Cancellation Procedures
In late December 2020, the Trademark Modernization Act of 2020 became law, discusses Michael R. Graif and William S. Dixon in Mintz’ Insights Center.
The act includes important amendments to the Lanham Act as follows:
- Establishes two new ex parte proceedings to cancel unused marks;
- Creates a uniform rule establishing a rebuttable presumption of irreparable harm for trademark infringement;
- Formalizes the procedure for Letters of Protest; and
- Permits the examiner to set shorter response times for office actions.
Mintz examines these new procedures.
