The Trademark Modernization Act of 2020

The “Trademark Modernization Act of 2020” was just enacted as it was included within the latest stimulus bill (Consolidated Appropriations Act of 2021). Providing new attacks on trademark registrations and pending applications at the USPTO, this Act unleashes strategic changes to the landscape of trademarks. The Act also strengthens trademarks by invoking a presumption of injunctive relief, thereby overcoming that which the U.S. Supreme Court removed with eBay. These can be powerful weapons if used correctly. Trademark owners and applicants would greatly benefit from knowing how they can defend against and/or best use this new legislation.

Experts will discuss:

• A brief overview of the TMA (10 minutes)
• New ex-parte expungement and reexamination proceedings to challenge non-use (15 minutes)
• Changes to the letter of protest rules and the PTO’s new authority to set different deadlines (5 minutes)
• Ramifications and unanswered questions about these new processes and rules (10 minutes)
• How irreparable harm has been applied until now, including eBay’s impact (8 minutes)
• Strategies for handling the new rebuttable presumption of irreparable harm (12 minutes)