Trademark Modernization Act: a year of ‘brand housekeeping’ ahead

As the enforcement of the US Trademark Modernization Act heralds changes for brand safeguarding, attorneys predict opportunities but also marked challenges.

The USPTO’s Trademark Modernization Act (TMA) will deliver some of the most sweeping changes to federal trademark law in decades.

As a result of the act, the US Patent and Trademark Office (USPTO) will be able to use new methods to clear away unused registered trademarks from the federal trademark register and third parties will have new grounds to file trademark cancellation actions with the Trademark Trial and Appeal Board. 

Haynes Boone partner and former USPTO acting director Joseph Matal explains: “For trademark attorneys and applicants, the most immediate effect of the new rules after December 1 this year is that they will have to respond to an office action within three months rather than six.