The Trademark Modernization Act in the United States

Ip world
Publié le 19 May 2021

Signed last December by former President Trump, the Trademark Modernization Act includes provisions relating to the assessment of infringement damage and questions of the use of trademarks in commerce.

This law introduces a presumption of irreparable damage if the infringement is evidenced or likely. In addition, two new procedures have been put in place, one for cancellation for lack of use in trade, and the other for requesting a review to assess the reality of use.

The aim of these mechanisms is to unclog the register and avoid the artificial maintenance in force of unused signs.

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