Thursday, 25 February 2021 17:47

Trademark Modernization Act: Clearing Dead Wood and Reinstating Presumption of Irreparable Harm

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As published by the University of Miami Law Review (read full article here:  https://lawreview.law.miami.edu/trademark-modernization-act-2020/), the Trademark Modernization Act (“TMA”) introduces several changes to trademark law and administrative procedures.  Among them:

● Establishes expungement and ex-parte proceedings relating to the validity of marks in order to remove “dead wood” from the register
● Reinstates a rebuttable presumption of irreparable harm in infringement litigation, which has hindered the availability of injunctive relief in trademark enforcement cases
● Allows for third-party submission of evidence as part of letters of protest against pending trademark applications before the need to commence administrative litigation
● Authorizes the U.S. Patent and Trademark Office (“USPTO”) to shorten administrative response deadlines
● Affirms the political independence of administrative law judges of the Trademark Trial and Appeal Board (“TTAB”).

Kelly M. Malloy is a patent engineer and law clerk with Malloy & Malloy, P.L.  She is a J.D. candidate for 2022 at the University of Miami School of Law where she serves as President of the Intellectual Property Law Society, President of the Inter-Club Council, Junior Staff Editor on the University of Miami Law Review, and Executive Board Secretary of the Student Bar Association.

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Kelly Malloy

Ms. Malloy earned her bachelor’s degree in Industrial and Systems Engineering at the University of Florida, and is currently a J.D. Candidate at the University of Miami School of Law concentrating on intellectual property. At Miami Law, Ms. Malloy serves as President of the Student Bar Association and is on the University of Miami Law Review. Ms. Malloy also served as President of the Intellectual Property Law Society, President of the Inter-Club Council, Executive Board Secretary of the Student Bar Association, and 1L Senator during her time at Miami Law. As a result of her dedication to her coursework, Ms. Malloy is in the top 10% of her class, received the Dean’s Merit Scholarship, and was awarded the Dean’s Certificate of Achievement in her Patent Law course. Ms. Malloy is a law clerk at the firm and assists attorneys by drafting patent applications, performing legal research, and preparing for litigation.