The United States Patent and Trademark Office has amended its rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020. The new measures are in force since December 18, 2021. Here as elsewhere, the trademark register is overcrowded. By way of illustration, the Office has experienced a 40% increase in trademark applications over the past year. It is now easier for new comers to challenge trademark Among others, it is now easier for new comers to challenge trademarks which are not used. Ex parte expungement and reexamination proceedings against non-used registrations have been introduced. Also, letters of protest against pending applications can now be based on bad faith e.g. fraudulent specimens. These new tools can be used strategically in trademark clearance and enforcement. Their introduction also means that owners of U.S. trademarks will have to be more vigilant about the use thereof for each designated product or service within the time limits.
