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New USPTO Rules Coming By End Of 2021 – Including Challenging Registrations For Non-Use | Brooks Kushman P C

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

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