Trademark Modernisation Act: addressing the realities of trademark law
Introduction On 27 December 2020 Congress enacted the Trademark Modernisation Act (TMA) 2020 as part of the Consolidated Appropriations Act 2021. The TMA amends the Trademark Act 1946 – also known as the 'Lanham Act' – and makes significant changes to trademark law by clarifying the burden for trademark owners seeking injunctive relief and providing new mechanisms for challenging applications and registrations on non-use grounds. The notable changes that will come into force in 2021 affect proceedings in the United States Patent and Trademark Office (USPTO) and the Trademark Trial and App...
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