View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
DOC/PTO | RIN: 0651-AD55 | Publication ID: Spring 2022 |
Title: Changes To Implement Provisions of the Trademark Modernization Act of 2020 | |
Abstract:
The United States Patent and Trademark Office (USPTO or Office) amends the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020. The rule establishes ex parte expungement and reexamination proceedings for cancellation of a registration when the required use in commerce of the registered mark has not been made; provides for a new nonuse ground for cancellation before the Trademark Trial and Appeal Board; establishes flexible Office action response periods; and amends the existing letter-of-protest rule to indicate that letter-of-protest determinations are final and non-reviewable. The USPTO also sets fees for petitions requesting institution of ex parte expungement and reexamination proceedings, and for requests to extend Office action response deadlines. Amendments are also for the rules concerning the suspension of USPTO proceedings and the rules governing attorney recognition in trademark matters. Finally, a new rule is to address procedures regarding court orders cancelling or affecting registrations. |
|
Agency: Department of Commerce(DOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 37 CFR 2 37 CFR 7 | |
Legal Authority: 15 U.S.C. 1066 15 U.S.C. 1067 15 U.S.C. 1113 15 U.S.C. 1123 35 U.S.C. 2 Pub. L. 112-29 Pub. L. 116-260 |
Legal Deadline:
|
||||||||||||||||||
Timetable:
|
Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: Yes | |
Agency Contact: Catherine Cain Trademark Manual of Examining Procedure Editor Department of Commerce Patent and Trademark Office P.O. Box 1451, Alexandria, VA 22313 Phone:571 272-8946 Fax:751 273-8946 Email: catherine.cain@uspto.gov |