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.
4 Key Takeaways - Trademark Modernization Act of 2020 | Kilpatrick Townsend & Stockton LLP
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New Legislation: Presumption Resumption – Rebuttable Presumption Of Irreparable Harm Reintroduced In Trademark Injunctive Relief Actions - Intellectual Property
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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