The US Congress passed the
Trademark Modernization Act of 2020 on December 21, 2020 (H.R. 6196), which sets forth new trademark rules that will take effect on December 21, 2021. The details of how these new rules will be implemented is yet to be decided by the USPTO Director, but we will learn more as the year progresses.
WHAT TO LOOK FOR:
Letters of protest rules are refined and made public
Procedures to challenge a registration based on non-use; different from petition to cancel or claim of abandonment
Rebuttable presumption of irreparable harm for trademark owner
MORE PRELIMINARY DETAILS:
Response deadlines for Office Actions
Currently: Applicants have six months to respond to an Office Action, and deadlines are not extendible
IP Implications of the Consolidated Appropriations Act, 2021 Thursday, January 14, 2021
On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided below.
Patents – Section 325 Biological Product Patent Transparency
42 USC § 262(k) was amended to require that the US Food and Drug Administration (FDA) provide the public with more information about patented biological products. Within six months, the FDA must make the following information available to the public on its Database of Licensed Biological Products or “Purple Book,” and it must update the list every 30 days: