USPTO Publishes Proposed Rules Implementing Trademark Modernization Act

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.