TM Act of 2020 Trademark Modernization Act of 2020
Short Title(s) as Introduced
TM Act of 2020 Trademark Modernization Act of 2020
Official Titles
Official Titles - House of Representatives
Official Title as Introduced
To amend the Trademark Act of 1946 to provide for third-party submission of evidence relating to a trademark application, to establish expungement and ex parte proceedings relating to the validity of marks, to provide for a rebuttal presumption of irreparable harm in certain proceedings, and for other purposes.
Actions Overview (2)
Date
Actions Overview
12/14/2020
Reported (Amended) by the Committee on Judiciary. H. Rept. 116-645.
03/11/2020
Introduced in House
12/14/2020 Reported (Amended) by the Committee on Judiciary. H. Rept. 116-645.
03/11/2020 Introduced in House
All Actions (6)
Date
All Actions
12/14/2020
Placed on the Union Calendar, Calendar No. 530. Action By: House of Representatives
12/14/2020
Reported (Amended) by the Committee on Judiciary. H. Rept. 116-645.
09/09/2020
Ordered to be Reported (Amended). Action By: Committee on the Judiciary
09/09/2020
Committee Consideration and Mark-up Session Held. Action By: Committee on the Judiciary
03/11/2020
Referred to the House Committee on the Judiciary. Action By: House of Representatives
03/11/2020
Introduced in House Action By: House of Representatives
12/14/2020 Placed on the Union Calendar, Calendar No. 530.
12/14/2020 Reported (Amended) by the Committee on Judiciary. H. Rept. 116-645.
09/09/2020 Ordered to be Reported (Amended).
09/09/2020 Committee Consideration and Mark-up Session Held.
03/11/2020 Referred to the House Committee on the Judiciary.
Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.
Trademark Modernization Act of 2020 or the TM Act of 2020
This bill makes several changes to trademark law, such as by providing new mechanisms for opposing and canceling trademark registrations at the Patent and Trademark Office (PTO) and by making it easier to secure an injunction.
The bill authorizes a third party to submit evidence to the PTO to oppose an application for a federal trademark registration.
The bill establishes a procedure for any party to petition the PTO to expunge a registration for a trademark that has not been used in commerce. The bill also establishes a procedure for any party to petition the PTO to reexamine any trademark registration on such nonuse grounds.
The PTO may also initiate such an expungement or reexamination proceeding.
If a plaintiff has prevailed in court in asserting certain trademark rights, that plaintiff shall be entitled to a presumption that the plaintiff will suffer irreparable harm for purposes of determining whether the plaintiff is entitled to a permanent injunction. If a trademark plaintiff is seeking a preliminary injunction, that plaintiff is entitled to this presumption upon a court finding that the plaintiff is likely to succeed on the merits of the case. Under current law, a plaintiff must establish irreparable harm to secure an injunction.
In addition, the PTO Director shall have the authority to reconsider, modify, or set aside certain decisions made by the Trademark Trial and Appeal Board.
The Government Accountability Office shall report to Congress on PTO efforts to address false and inaccurate claims in trademark registrations and applications.
Trademark Modernization Act of 2020 or the TM Act of 2020
This bill makes several changes to trademark law, such as by providing new mechanisms for opposing and canceling trademark registrations at the Patent and Trademark Office (PTO) and by making it easier to secure an injunction.
The bill authorizes a third party to submit evidence to the PTO to oppose an application for a federal trademark registration.
The bill establishes a procedure for any party to petition the PTO to expunge a registration for a trademark that has not been used in commerce. The bill also establishes a procedure for any party to petition the PTO to reexamine any trademark registration on such nonuse grounds.
The PTO may also initiate such an expungement or reexamination proceeding.
If a plaintiff has prevailed in court in asserting certain trademark rights, that plaintiff shall be entitled to a presumption that the plaintiff will suffer irreparable harm for purposes of determining whether the plaintiff is entitled to a permanent injunction. If a trademark plaintiff is seeking a preliminary injunction, that plaintiff is entitled to this presumption upon a court finding that the plaintiff is likely to succeed on the merits of the case. Under current law, a plaintiff must establish irreparable harm to secure an injunction.
In addition, the PTO Director shall have the authority to reconsider, modify, or set aside certain decisions made by the Trademark Trial and Appeal Board.
The Government Accountability Office shall report to Congress on PTO efforts to address false and inaccurate claims in trademark registrations and applications.
Shown Here: Introduced in House (03/11/2020)
Trademark Modernization Act of 2020 or the TM Act of 2020
This bill makes several changes to trademark law, such as by providing new mechanisms for opposing and canceling trademark registrations at the Patent and Trademark Office (PTO) and by making it easier to secure an injunction.
The bill authorizes a third party to submit evidence to the PTO to oppose an application for a federal trademark registration.
The bill establishes a procedure for any party to petition the PTO to expunge a registration for a trademark that has not been used in commerce. The bill also establishes a procedure for any party to petition the PTO to reexamine any trademark registration on such nonuse grounds.
The PTO may also initiate such an expungement or reexamination proceeding.
If a plaintiff has prevailed in court in asserting certain trademark rights, that plaintiff shall be entitled to a presumption that the plaintiff will suffer irreparable harm for purposes of determining whether the plaintiff is entitled to a permanent injunction. If a trademark plaintiff is seeking a preliminary injunction, that plaintiff is entitled to this presumption upon a court finding that the plaintiff is likely to succeed on the merits of the case. Under current law, a plaintiff must establish irreparable harm to secure an injunction.
The Government Accountability Office shall report to Congress on PTO efforts to address false and inaccurate claims in trademark registrations and applications.
