New trademark law goes into effect this year
While it is common knowledge that the 2021 budget bill passed at the end of 2020 (the Consolidated Appropriations Act, 2021, H.R. 133), it may come as some surprise that this bill also included changes to existing US trademark law. Along with the budget bill’s provisions was the Trademark Modernization Act of 2020 (the “TMA”). Trademark Modernization Act of 2020 While the TMA was signed into law late in 2020, it does not go into effect until December 27, 2021. Among the TMA’s provisions are three new procedures for challenging trademark applications or registrations. Formal Letters of Protest While anyone can currently file a protest (including evidence) against a pending application with the Trademark Office, there was no formal procedure or timeline for the Trademark Examining Attorney to consider or receive such evidence. The new formal letter of protest procedure will require the Trademark Office to review the evidence submitted with a letter of ...