Brand Institute's Head of Trademarks on the Impact of the US Trademark Modernization Act of 2020 (TMA)

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Aug 10, 2022, 09:00 ET

MIAMI, Aug. 10, 2022 /PRNewswire/ -- Brand Institute's Head of Trademarks, Rogelio Reyes, Esq., is pleased to offer a summary regarding the Trademark Modernization Act of 2020 (TMA), which took effect on December 18, 2021.

"Trademark owners and practitioners need to take note of the TMA, as it significantly updates rules and procedures regarding trademark prosecution and maintenance," said Reyes. "It also creates new avenues for eliminating existing trademarks for non-use." Below are some key takeaways:

After December 1, 2022, the standard response time for Office Actions from the United States Patent and Trademark (USPTO) will be shortened from 6 months to 3 months. Applicants will need to timely respond to office actions or request an extension
Availability of reexaminations/expungement proceedings as a less costly approach to eliminate unused trademarks that can block new/pending applications
Review your trademark registrations to ensure usage matches goods & services to avoid third-party challenges

"It's important for brand owners to exercise care when specifying goods and services to ensure their brand's use matches this specification to avoid becoming vulnerable to easier third-party challenges," advises Reyes. "As the volume of potential trademark conflicts continues to grow, especially with foreign applicants who obtain US registrations without demonstrating use, the task of name creation clearance becomes increasingly challenging. The TMA may make it easier for brand owners to attack registrations that have never been used in the US"

About Rogelio Reyes, Esq.

Mr. Reyes joined BI in 2001. He oversees Brand Institute's trademark department. He has led over 5,000 branding initiatives during his 20 years with Brand Institute for a multitude of large, midsize and startup healthcare and consumer/B2B clients.

About Brand Institute and its wholly owned subsidiary, Drug Safety Institute

Brand Institute is the global leader in brand name and identity development, providing a broad portfolio of branding and naming related services, including brand strategy, name development, trademark searches, market research, regulatory services, and visual identity solutions.

Drug Safety Institute (DSI) is a wholly owned subsidiary of Brand Institute that provides Brand Institute's healthcare clients with industry-leading guidance pertaining to drug name safety, packaging, and labeling. DSI is comprised of former naming regulatory officials from global government health agencies, including FDA, EMA, Health Canada, AMA, and the WHO.

Contact:
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SOURCE Brand Institute, Inc.