After the US trademark is issued, everything is good? The answer is NO. Earlier, 15000+ trademarks were invalidated, and it has been alert to everyone.

Application for the suffering and false application of the US Trademark Office, not only the \"Trademark Modernization Act\" (TMA), which officially took effect at the end of last month, was also \u0026 ldquo; Fake \u0026 rdquo; new ways are provided.

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Trademark The main content of the Modernization Act

On December 27, 2020, former US President Trump signed the Trademark Modernization Act (TMA). One of the main targets is to combat the registration and application of fraud trademark obtained by the use of the statement, thereby improving the phenomenon of the application of false trademarks.

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1. Add two procedures for newly delete and review again

[ 123] Anyone can apply to the Trademark Office to start deleting or re -reviewing the all or part of the registered product/service of a trademark. If the request is finalized, all or some of the products/services registered with the trademark will be revoked.

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time limit: 123] Delete procedures are suitable for trademarks that have been revoked for three years, and the review procedure is applicable to trademarks that revoke the registration date within five years.

The applicant needs to submit: ① A statement, proof A reasonable investigation has been conducted to determine whether the trademark is used for specific commodities or services;

② support preliminary evidence that has never been used for commercial use;

③ Related application fee (official fee 400 US dollars/category).

Advantage:

These two new procedures are more convenient and lower than the existing revocation procedures in the trademark office.

Before the implementation of the TMA, it mainly uses \u0026 ldquo; and \u0026 ldquo; After the review process, not only the possibility of cancellation increases, but also the trademark right holder will be more difficult to respond. Therefore, it is recommended that you

must be put in business use according to the US trademark law. \u0026 nbsp;

2. The third party can submit a protest letter [ [ 123]

Allows third parties to submit evidence to the Trademark Office during the trademark review to question the registered trademark. The legal basis for protests provides relevant evidence in the letter.

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third party can submit evidence through protest letters, These evidences can involve any reason to reject the registration of the U.S. Trademark Law, such as:

① Register with the United States or the trademark in the first application (only allowed Submit 5 evidence first);

② the description of the identified goods or services or universal trademarks;

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③ There is a false connection with the protesters;

④ It is a widely used or universal use information, which cannot be used by cannot be used. Being a trademark;

⑤ The use of evidence submitted to the use of third parties has no relevant trademark images, or appears in multiple previous registrations or applications. There are images with different trademarks;

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Once the protest is successful, successful, The protested trademark application will be re -issued to the reviewer for review.

The protest letter needs to be submitted before the US trademark announcement, or within 30 days of the announcement period. If the protest letter will not extend the announcement period, if the protest letter is submitted during the

announcement period, it is recommended to submit \u0026 ldquo; extension to submit the objection \u0026 rdquo;

to request 30 days or 90 days. \u0026 nbsp;

3.OA response period shortened

In order to improve the review efficiency, after the official submitting review opinions, the period of response to the review opinion will be shortened from the original 6 months to 3 months

(implemented on December 1, 2022)

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\u0026 nbsp; The applicant can cut off in 3 months Application for an extension of the application after the date, but the extension application submitted through the Teas must pay $ 125, and the extension of the submitted application through the license must be paid at $ 225.

If the applicant or registrant does not follow the initial 3 months or extended time limit, the application will be abandoned, registration will be canceled or expired.

The shortage of the response period will drive the certificate to accelerate, but if you encounter review opinions, you will need to complete the reply within 3 months, which means that it must be more efficient. Preparing and providing answers, this is a new challenge for applicants.

\u0026 nbsp; The impact on cross -border sellers

① Effectively crack down on trademark grabbing, protect compliance trademark

Trademark grabbing has become a cross -border circle \u0026 ldquo; tumor \u0026 rdquo; It costs high, and many sellers can only choose to pay ransom or give up. TMA has added deletion and re -review procedures again.

② higher requirements for the authenticity of the use of evidence, increased difficulty of US standard registration

TMA allows third parties to submit protest letters, and trademark applicants will face challenges to provide more evidence. If there are too many categories but no corresponding evidence,Or if the authenticity of the evidence is doubtful, it may be protested or questioned. It is recommended that you prepare the real and comprehensive application information before the application.

③ To a certain extent, crack down on unreal using trademark registration and hoarding

Increase increase Delete and re -review procedures again, some unprecedented trademarks will face the risk of being revoked. The right person who has a large number of ready -made trademarks is a challenge. If it is not used in time, it is likely to be revoked and facing increased risk.

④ The trademark layout needs to be more reasonable to avoid being withdrawn due to unusual use

in the At the same time, the trademark must be reasonably planned to plan the trademark layout to avoid the risk of removal of trademarks due to unscrupulous use. In addition, we must retain the evidence of trademark use, and it can give timely and effective evidence when encountering doubts.

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In short, compliance trademarks will be protected by new rules and programs, compared with the cancellation of cancellation in TTAB to cancel the cancellation of cancellation The program will take less time and lower costs, but it also improves the review standards and application difficulties of trademark registration, and has higher requirements for compliance. In this regard, Jite suggested that you must choose a compliant agency when registering a trademark, and do not blindly pursue low prices.