Trademark Modernization Act

//Trademark Modernization Act

Trademark Modernization Act

Trademark Modernization Act

Resolved, that IPO supports:

(i) codifying third-party submissions of evidence during examination in Section 1 of the Trademark Act, which includes a two-month period for the Director to review evidence; and

(ii) amending Section 16 of the Trademark Act to allow for the submission of a petition to expunge a registration based on non-use in commerce for goods and/or services covered by the registration subject to standing requirements and other safeguards to ensure the integrity of the process;

IPO opposes:

(i) amending Section 12(b) of the Trademark Act to provide flexible response periods to reply or amend a trademark application up and until the full maximum six-month statutory response period; and

(ii) amending Section 16 of the Trademark Act to provide for ex parte reexamination related to claims of use.