Congress passed the Trademark Modernization Act of 2020 on December 27th. It will become effective one year after its passage and aims to support businesses’ marketing and branding decisions in relation to their trademark registrations. As it introduces significant revisions to the Lanham Act, it provides new ways to challenge pending applications and existing registrations at the Trademark Office.
Because courts across the country took various positions regarding whether infringement created irreparable harm, the Act clearly restores a rebuttable presumption of irreparable harm to obtain injunctive relief for a trademark violation. The Act also establishes new procedures for third parties to challenge fraudulent applications and registrations.
Trademark owners will have new options in their brand protection arsenal but should also be aware that these procedures could open their trademark applications and registrations to new types of challenges from competitors. This stands as a pertinent reminder of the importance of trademark preclearance, monitoring, and enforcement.
For any questions about trademark filing procedure and the best path to protect your trademarks, please contact Gavin Law Offices, PLC. As a team that specializes in trademark filing and maintenance, we’re here when you need us.
(This is not intended as legal advice. Contact a lawyer for assistance in your particular situation.)