USPTO Representative Talks TMA at BPLA
By Patrick Concannon, Nutter McClennen & Fish LLP
On Tuesday, November 9th, Trademark and Unfair Competition Committee Co-Chairs Lori Shyavitz of McCarter and Pat Concannon of Nutter welcomed the USPTO’s Deputy Commissioner for Trademark Examination Policy Amy Cotton for an online presentation and question and answer session for registered attendees. Her comments addressed the Trademark Modernization Act of 2020 (TMA) and its expected impact on trademark examination. She also discussed the USPTO’s ongoing and new initiatives designed to maintain the integrity of the federal trademark register.
Ms. Cotton described the background concerning the USPTO’s revision of the trademark examination guidelines specific to acceptable specimens, its post-registration audit program and its U.S.-licensed attorney filing requirements - initiatives that have delivered measurable improvements for the trademark register and have discouraged fraudulent and inaccurate filings. In response to audience questions, Ms. Cotton provided helpful answers to a range of questions that included her explaining the practical differences between the newly-created “expungement” versus “re-examination” proceedings available for purposes of fully or partially cancelling trademark registrations and her hinting at the timing for anticipated publication of the final Federal Register rulemaking notice under the TMA.