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Author: Scarinci Hollenbeck, LLC
Date: March 19, 2021
The Firm
201-896-4100 info@sh-law.comThe Trademark Modernization Act (TMA) is now law. The legislation, which makes several significant changes to U.S. trademark law, was incorporated into the Consolidated Appropriations Act of 2021 that was signed into law on December 27, 2020.
Of particular importance, the TMA establishes a uniform standard for obtaining injunctive relief in litigation under the Lanham Act, clarifying that all courts must apply the rebuttable presumption of irreparable harm. The new law also makes a number of other changes to the Lanham Act, including new post-registration reexamination and expungement procedures aimed to address the growing number of trademark registrations for marks not actually being used in commerce.
Below is a brief summary of several key changes under the TMA:
The Letter of Protest, expungement, and reexamination provisions will take effect on December 27, 2021. The other provisions became effective upon enactment. Some will, however, require the USPTO to enact implementing regulations. No rulemaking is necessary to give effect to the rebuttable presumption provision.
If you have any questions or if you would like to discuss the matter further, please contact the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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