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

by | Feb 25, 2021 | Trademark | 0 comments

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.