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Changes To Implement Provisions of the Trademark Modernization Act of 2020 rule (2021)

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The Changes To Implement Provisions of the Trademark Modernization Act of 2020 rule is a significant rule issued by the U.S. Patent and Trademark Office (USPTO) effective December 18, 2021, that implemented regulations from the Trademark Modernization Act of 2020 and amended practices in trademark cases. USPTO issued this rule pursuant to its authority under the Trademark Modernization Act of 2020.[1]

HIGHLIGHTS
  • Name: Changes To Implement Provisions of the Trademark Modernization Act of 2020
  • Code of Federal Regulations: 37 CFR 2 and 7
  • Agency: U.S. Patent and Trademark Office (USPTO)
  • Action: Final rule
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    The Trademark Modernization Act of 2020 (TMA) amended the Trademark Act of 1946 to establish new proceedings for canceling unused or incorrectly used trademarks, to authorize flexible USPTO action response times, and to allow allegations that "a mark has never been used in commerce as a basis for cancellation," according to USPTO. Passed in December 2020, the TMA required the U.S. Patent and Trademark Office (USPTO) to promulgate the provisions within a year of the Act's enactment. Accordingly, USPTO issued the Changes To Implement Provisions of the Trademark Modernization Act of 2020 rule on November 17, 2021.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ The United States Patent and Trademark Office (USPTO or Office) amends the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020 (TMA). This 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 (TTAB or 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 rule also sets fees for petitions requesting institution of ex parte expungement and reexamination proceedings, and for requests to extend Office action response deadlines. The rules governing the suspension of USPTO proceedings and attorney recognition in trademark matters are also amended. Finally, a new rule is added to address procedures regarding court orders cancelling or affecting registrations.[1][2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “ Accordingly, the USPTO revises the rules in 37 CFR part 2 to implement the [Trademark Modernization Act]'s provisions and set fees for the new ex parte expungement and reexamination proceedings and for response deadline extensions. The rule also clarifies that the new ex parte expungement and reexamination proceedings are subject to suspension in appropriate cases and reflects existing practice regarding suspension of proceedings before the USPTO and the TTAB. The USPTO also amends the rules regarding attorney recognition and correspondence to clarify that the USPTO will not recognize an attorney who has been “mistakenly, falsely, or fraudulently designated” and that an attorney need not formally withdraw under such circumstances. Finally, a new rule is added, formalizing the USPTO's longstanding procedures concerning action on court orders canceling or affecting a registration under section 37 of the Act, 15 U.S.C. 1119.[2] ”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the rule states that OMB deemed this rule significant, but not economically significant:

    “ This rule has been determined to be Significant for purposes of Executive Order 12866 (Sept. 30, 1993).[2] ”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Federal Register, "Changes To Implement Provisions of the Trademark Modernization Act of 2020," February 21, 2024.
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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