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New U S Trademark Law Alert – Intellectual Property Reforms Tucked Into COVID-19 Relief Package | Hogan Lovells

To embed, copy and paste the code into your website or blog: On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 and the act was signed into law on December 27, 2020. But don’t let the bland title fool you. Buried among the government funding and coronavirus relief provisions are significant changes to intellectual property law and practice, touching upon trademarks, copyrights, patents, domain names, false advertising, and more. Owners of these assets and those with an interest in enforcing in these fields must take note of the changes. We focus on the trademark and brand implications of the new law in this article, but please see our companion article here for a summary of the copyright implications.

2021 Trends in Trademarks | Dechert LLP

Big challenges in clearing new brands U.S. trademark applications skyrocket Fraudulent applications abound The authors of a Harvard Law Review article posed this provocative question, crunched a monumental amount of data, and decided that the answer is “yes.” Marketers are “increasingly resorting to second-best, less competitively effective marks” because of “severe” levels of trademark congestion and depletion, concluded New York University School of Law professors Barton Beebe and Jeanne Fromer. Their warning rang true when their article first appeared three years ago, because new U.S. trademark applications had just experienced a massive increase, jumping from 400,000 in 2016 to 450,000 in calendar year 2017. Now, the chimes are ringing more loudly – although the 2020 U.S. economy was beset by pandemic woes, trademark applications last year skyrocketed by a stunning one-third, increasing to 659,000 from the previous all-time high of 495,000 in 2019.

U S Trademark Modernisation: What It Means For Foreign Brand Owners - Intellectual Property

To print this article, all you need is to be registered or login on Mondaq.com. On December 27, 2020, then U.S. President Donald Trump signed the Trademark Modernization Act (TMA) into law. While the TMA can benefit foreign brand owners with its new rules and proceedings, it may also present them with challenges. One of the TMA s principal goals is to reduce the number of spurious trademark registrations and applications that are based on inaccurate claims of use in U.S. commerce. The TMA has created three new tools to address this goal. Specifically, the TMA (i) provides for a broader

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