The Dawn of a New Day: USPTO Implements the TMA
On November 17, 2021, the United States Patent and Trademark Office (USPTO) issued its highly anticipated final rule, which amends the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020 (TMA). Many parts of the final rule will go into effect on December 18, 2021, with other portions effective on December 1, 2022. The final rule brings significant changes to federal trademark law procedures. The rule aims to ensure that the federal trademark register accurately reflects trademarks that are currently in use, and gives the USPTO the ability to move applications through the registration process more efficiently.
While we previously wrote about some of the changes here, a more detailed summary of the changes, as set forth in the final rule, is set forth below.