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In case you missed it, President Trump signed the Trademark Modernization Act of 2020 (TMA) into law on December 27, 2020. The TMA, which garnered bi-partisan support and was included in the
COVID-19 Economic Relief Bill, establishes the following four changes to current trademark laws:
It formalizes a process for submitting evidence against pending third party trademark applications;
It enables the USPTO to shorten Office Action response deadlines from the current six-month period to anywhere between two months and six months;
It creates
ex parte Expungement and Reexamination proceedings as new methods for seeking cancellation of a third-party trademark registration; and
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It may come as some surprise that embedded within the over 5,500-pages of the recent COVID-19 relief and government funding bill (the Consolidated Appropriations Act) are several (not-insubstantial) changes to copyright and trademark law and procedure.
Specifically, the relief package which was signed into law on December 27, 2020 incorporated the Trademark Modernization Act of 2020, the Copyright Alternative in Small-Claims Enforcement Act of 2020, and the Protecting Lawful Streaming Act, which bring significant developments in the field of intellectual property and will certainly impact the actions of intellectual property owners and third parties alike.