The trademark Modernization Act of the United States has legislated on December 27, 2020 and it’s expected to go into effect on December 27, 2021. In order to avoid trademark abusive and ensure that it is used in commercial, the bill has the following main points:
- Any party may request an Expungement or reexamination proceedings against the unused registered trademark within the set time limit to revoke the unused trademark.
- Third parties can request for cancellation for the reason that the registered trademark has never been used in commerce after the first three years from the registration date.
- The response period for refusal notice is changed from 6 months to 60 days up to 6 months (determined by the government). On the basis that the response period does not exceed 6 months, the applicant can apply for extension and pay the extension fee.
- Under the examination of trademark application, the third party may submit the letters of protest with relevant evidence of non registration.