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TMA Petitions: Expungement or Reexamination?
The Trademark Modernization Act of 2020 starts December 2021. The final rules for 37 CFR Parts 2 and 7 reflect the changes to the USPTO Trademark Rules. A pdf copy downloaded from the Federal Register is also available here . Most of the sections below are extracted from these federal rules.
The TMA (Trademark Modernization Act) created two new ex parte processes, Expungement or Reexamination, that will allow a third party, or the Director, to challenge whether a registrant made use of its registered trademark in commerce. This challenge may result in removing a registered mark from the trademark register, or cancelling the registration as to certain goods and/or services, when the registrant has not used the mark in commerce as of the relevant date required by the Act. Reexamination and expung