The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to the prosecution of trademark applications before the United States Patent and Trademark Office (“USPTO”). Several of these changes took effect in December …
Canadian Trademarks
Good News! In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Correspondence from the CIPO, such as office …
Brand Protection and Fighting Fakes Online
The shift to online marketplaces has created an incredible boom for some, and significant loss to others. Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to …
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BREXIT – EUTM Registrations and Cloned United Kingdom Registrations
The Brexit transition period ended on December 31, 2020. As of January 1, 2021, the United Kingdom will have left the European Union trademark and design system. Although European-wide rights such as European Trademarks (EUTMs) will now cease to have effect in the United Kingdom, identical U.K. trademark rights will be automatically created or “cloned” …
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What to Know About the Trademark Modernization Act of 2020
Over the weekend, President Trump signed the second COVID-19 relief bill. While Coronavirus relief takes center stage in the news, the omnibus legislation is actually a hefty, 5,500+ pages with noteworthy changes to intellectual property law. In this first of three posts, we’ll take a brief look at the coming changes to federal trademark law. …
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