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Wednesday, March 3, 2021 Signed into law on December 27, 2020, the Trademark Modernization Act of 2020 (TMA) provides amendments to existing federal trademark law that will assist US retailers and other businesses with branding decisions. Congress passed the TMA as part of the COVID-19 relief and government-funding bill. Key TMA amendments include authority for submission of evidence by third parties during trademark examination, procedures to challenge trademarks due to non-use (so-called “deadwood trademarks”), and a statutory presumption of injunctive relief in trademark infringement proceedings. Most of the amendments have an effective date of December 27, 2021, giving the United States Patent and Trademark Office (USPTO) a year to implement the TMA’s changes with one important exception that took effect immediately: the rebuttable presumption of irreparable harm.

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