Rules Implementing Two New Ex Parte Proceedings Provided for in the Trademark Modernization Act of 2020 for Cancellation of a Registration Take Effect December 18, 2021

December 13, 2021

Amendments to the U.S. Patent & Trademark Office (USPTO) rules of practice in trademark cases published on November 17, 2021, that did not go into effect on December 1 will take effect on December 18.  86 Fed. Reg. 64300.  These amendments implement provisions of the Trademark Modernization Act of 2020 (TMA) and specifically establish, among other things, rules and procedures for two new ex parte proceedings provided for in the TMA for cancellation of a registration when the required use in commerce of the registered mark has not been made: (1) ex parte expungement and (2) ex parte reexamination. Id.  Information about these new proceedings can be obtained from the aforementioned Federal Register publication and the USPTO’s website at USPTO implements the Trademark Modernization Act | USPTO.