Burr & Forman

03.4.2021   |   Articles / Publications

Hunter Freeman Analyzes Trademark Modernization Act for IPWatchdog

Hunter Freeman authored a February 24, 2021 article discussing three key provisions from the Trademark Modernization Act (TMA), an act included in the December 2020 Consolidated Appropriations Act. The TMA makes significant changes to the Lanham Act (aka the Trademark Act) that could benefit many trademark holders.

Freeman details three key provisions under the TMA that change the Act, including:

  • Formalize a simpler and cheaper procedure for challenging trademark applications;
  • Establish a new process for cancelling registrations based upon lack of use; and,
  • Created a national presumption, which lowers the standard of proof for trademark owners seeking to enjoin trademark infringement by their competitors.

“If branding plays an important role in your company’s success, be sure to familiarize yourself with the TMA’s new provisions or to consult an attorney who is familiar with them,” Freeman wrote. “While not all of its provisions are clear-cut improvements for trademark owners, as a whole, the TMA certainly favors U.S. based trademark owners and provides them with several significant advantages.”

For the full article, please click here.

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