USPTO Issues Notice of Proposed Rulemaking to Implement Provisions of the Trademark Modernization Act of 2020, Plans Two Roundtables.

The USPTO has issued a Notice of Proposed Rulemaking (details here) to implement the provisions of the Trademark Modernization Act of 2020. The Office will hold two roundtables to field questions and hear informal public input on the proposed rulemaking. The first roundtable will take place on Tuesday, June 1, from 1-3 p.m. ET. [more information here]. The roundtable is open to all, but registration is required. A recording of the event will be posted to the USPTO website within two weeks of its conclusion. A second roundtable is scheduled for June 14th.

SUMMARY: The United States Patent and Trademark Office proposes to amend the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020. The proposed rule establishes ex parte expungement and reexamination proceedings for cancellation of a registration when the required use in commerce of the registered mark has not been made; provides for a new nonuse ground for cancellation before the Trademark Trial and Appeal Board; establishes flexible Office action response periods; and amends the existing letter-of-protest rule to indicate that letter-of-protest determinations are final and non-reviewable. The USPTO also proposes to set fees for petitions requesting institution of ex parte expungement and reexamination proceedings, and for requests to extend Office action response deadlines. Amendments are also proposed for the rules concerning the suspension of USPTO proceedings and the rules governing attorney recognition in trademark matters. Finally, a new rule is proposed to address procedures regarding court orders cancelling or affecting registrations.

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Text Copyright John L. Welch 2021.