USPTO Finalizes Rules For Canceling Unused Trademarks

By Tiffany Hu (November 17, 2021, 6:40 PM EST) -- The U.S. Patent and Trademark Office announced Wednesday that it will begin implementing the Trademark Modernization Act and its provisions for challenging unused trademarks next month.

In a final rule published in the Federal Register, the USPTO outlined rules for challenging trademark registrations that aren't being used under the so-called ex parte expungement and reexamination proceedings created by the TMA, which was passed by Congress in December 2020. While the final rule takes effect on Dec. 18, the agency will accept petitions starting Dec. 27.

The USPTO first proposed the rules in May, saying the new proceedings should provide "a faster,...

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