Understanding the Trademark Modernization Act

The USPTO recently issued a Notice of Proposed Rulemaking on the Trademark Modernization Act, initiating a public comment period. Given the importance of the TMA and its proposed provisions to our industry, Winterfeldt IP Group will be holding a webinar on Wednesday, June 9, 2021 at 12:00 pm EDT to discuss the Notice and explore public commenting opportunities. Please join us for this timely and informative program, which will review the following key provisions of the Notice and their implications: 

  • Petitions to institute ex parte reexamination and expungement and proposed rules concerning how to make out a prima facie case;
  • Reasonable investigations for ex parte petitions and proposed rules on the nature and extent of submitted evidence;
  • The substance and procedures for responses to reexamination and expungement under the proposed rules;
  • The differing treatment of Section 1, 44(e) and 66(a) registrations;
  • The relationship of the existing inter partes claims to the new petitions and non-use cancellation claims;
  • The three proposed alternatives for shortened Office action response periods and the costs and benefits of each; and
  • Changes to rules concerning attorney recognition and substitution and their possible impacts on best practices.

Brian J. Winterfeldt, Founder and Principal, Winterfeldt IP Group, PLLC

  • Jomarie Fredericks, Rotary International
  • Mark Leonard, Jelly Belly Candy Company
  • Michael Moore, Mattel, Inc.
  • David Rome, Winterfeldt IP Group, PLLC


CLE credit pending in California and New York.

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