The Trademark Modernization Act of 2020 created two new tools for clearing deadwood off the federal register. Expungement lets anyone ask the USPTO to cancel a registration, in whole or in part, on the ground that the mark was never used in commerce for the listed goods or services, available between three and ten years after registration.
Expungement and Reexamination Under the Trademark Modernization Act
Reexamination challenges use based registrations where the mark was not in use as of the relevant filing date, available within five years. Both are faster and cheaper than a full cancellation lawsuit, which is good news when a client’s chosen name is blocked by a registration that appears to be unused.
Injunctions Are Easier to Get
The Act also restored a rebuttable presumption of irreparable harm once a trademark owner shows infringement or a likelihood of success, codified in section 1116(a). That makes injunctions easier to obtain, which raises the stakes of adopting a risky name: a court can shut down use of a brand quickly rather than letting a business keep selling while the case plays out. The Act additionally formalized letters of protest against pending applications and allows the USPTO to set shorter office action response deadlines.
Source: USPTO: Pub. L. 116-260; 15 U.S.C. 1066a, 1066b, 1116(a)
Enforcement note: Trademark rights are enforced through private legal action rather than a government complaint office. If you believe a mark is being infringed, consult a trademark attorney.
