Federal Trademark Law Changes Passed with COVID-19 Relief

Congress recently passed a major spending and relief bill called the Consolidated Appropriations Act of 2021. As part of this bill, they also implemented some important changes to intellectual property laws in the United States, including trademark laws. These changes might go unnoticed to many, as the focus of the legislation appeared to be COVID-19 pandemic relief.

The following is a brief overview of some of the trademark law changes that were enacted in early 2021. If you have questions about a specific situation, please contact an Orlando trademark attorney directly.

The Trademark Modernization Act of 2020

Known as the TM Act of 2020, this new legislation amends the Lanham Act in several important ways:

• Third parties may now submit evidence for the USPTO to consider against a trademark application. The evidence can show that the trademark will not be used in commerce as the applicant claims.
• Third parties can also submit evidence that a trademark is not being used as claimed in its registration during USPTO re-examination or expungement proceedings.
• The USPTO should make efforts to identify false or inaccurate trademark use claims, and the Government Accountability Office (GAO) will monitor and report on these efforts.

The above changes impact trademark applicants and owners, who should be careful to be accurate when making use claims during registration.

Trademark owners also received a benefit from the new changes, as the law now gives them a presumption of irreparable harm when seeking an injunction as part of an infringement claim.

Consult with an Orlando Trademark Lawyer Today

Trademark laws are always changing, and they can be confusing to trademark owners. If you have any intellectual property concerns, do not hesitate to contact Daniel Law Offices, P.A., for help. Contact us online or call 866.377.2836 to discuss your patent or trademark matter.