In December, 2021, the Trademark Modernization Act (“TMA”) and the Copyright Alternative in Small-Claims Enforcement Act (“CASE Act”) went into effect.
The TMA added two new procedures – “expungement” and “reexamination” - for challenging trademark registrations, and also added “nonuse” as a new ground for cancellation actions.
The USPTO recently made this link available to the public, which lists the registrations in which either a petition for expungement or reexamination was submitted. Since the implementation of the new procedures, 60+ registrations have been subject to cancellation utilizing one of the two new mechanisms.
Expungement and reexamination – efficient and cost effective alternatives to cancellation proceedings
Cancellation (new nonuse ground)
Other key takeaways from the TMA include:
For Copyright challenges, the CASE Act establishes a Copyright Claims Board. Parties may now use the Copyright Claims Board as an additional forum to voluntarily seek resolution of copyright claims under $30,000. For smaller claims, the Copyright Claims Board may be a quicker and cheaper method for enforcing copyright registrations.
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