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Trademark Modernization Act

TRADEMARK LAW UPDATE: Trademark Modernization Act

The Trademark Modernization Act Establishes New Trademark Cancellation Procedures ~ 

On December 27, 2020, the Trademark Modernization Act of 2020 (“the Act”) became law as part of the Consolidated Appropriations Act, 2021. Among other changes, the Act includes important amendments to the Lanham Act:

Establishes two new ex parte proceedings to cancel unused marks;

Creates a uniform rule establishing a rebuttable presumption of irreparable harm for trademark infringement;

Formalizes the procedure for Letters of Protest; and

Permits the examiner to set shorter response times for office actions.

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