Practical Implications of the Trademark Modernization Act of 2020

The Trademark Modernization Act of 2020 ("TMA") was enacted on December 27, 2020, and much of it went into effect on December 18, 2021. The TMA makes several changes to federal trademark law that provide brand owners with faster and more efficient means of obtaining trademarks and opposing and canceling registrations for unused marks. 

This program, presented by Jennifer Golinveaux and Irina Lyapis of Winston & Strawn LLP, will discuss key changes under the TMA and the impact on trademark registration and enforcement. The discussion will include an overview on the expansion of the Letter of Protest procedure, the shortened Office Action response time, new procedures to challenge unused trademarks, and the presumption of irreparable harm for trademark owners seeking injunctive relief in infringement cases. This program is targeted towards experienced trademark practitioners. 

1. Identify and evaluate key updates to trademark prosecution practice

2. Evaluate the benefits of new procedures for challenging registered trademarks that are not used in commerce 

3. Discuss the impact on enforcement and litigation trends given the presumption of irreparable harm