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
● 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”). proceedings relating to the validity of marks in order to remove “dead wood” from the register
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.