At the beginning of this year, the Trademark Modernization Act was signed into law which chiefly introduced two new routes to expunge a registration from the records and address a few other issues. The legislation delegated to the USPTO the responsibility to implement rules and procedures, which the USPTO has now published as part of the agency's notice of proposed rulemaking requirement. Aside from the new proceedings, something of practical significance to all applicants and practitioners is the six month period for reply to an office action may be shortened to three months, extendable for another three months on payment of an extension fee.
USPTO Publishes Proposed Rules Implementing Trademark Modernization ActWritten by W. John Eagan
Mr. Eagan earned his bachelor’s degree in Mechanical Engineering from Lehigh University and his law degree, with honors from the University of Miami. While at the University of Miami he served as the Inter-American Citator and an Articles and Comments Editor for the Inter-American Law Review. Mr. Eagan is admitted to practice law in the State of Florida and concentrates his practice in Intellectual Property litigation.