Intellectual Property Law

New Matter SPRING 2022, VOLUME 47, EDITION 1

A LOOK AT THE TRADEMARK MODERNIZATION ACT – ONE YEAR IN

AUTHORS

Jane Shay Wald
Irell & Manella LLP

Michael Tezyan
Irell & Manella LLP

In the second article of this three part-series on the Trademark Modernization Act of 2020 ("TMA"),1 we discussed the proposed TMA implementing rules and the public comments to them, as well as an early round-up of judicial application of the rebuttable presumption of irreparable harm under 15 U.S.C. § 1116(a). The final rules went into effect on December 27, 2021. The USPTO appeared careful to take into account the public comments of law firm and in-house practitioners, and legal associations, including the American Bar Association, the International Trademark Association, and the American Intellectual Property Law Association. The final implementing rules reflect the public’s concerns regarding philosophy and practice under the new expungement and reexamination procedures.

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