False claims of use and fake specimens of use have bedeviled the US Patent and Trademark Office (USPTO) and legitimate trademark owners for many years. The Trademark Modernization Act of 2020 (“TMA”) — part of the COVID-19 relief legislative package signed by President Trump on December 27, 2020 — provides significant relief for trademark owners’ efforts to combat that fraud. As noted in a separate post, that omnibus legislative package provides relief to copyright owners by establishing a small claims tribunal system for copyright infringements. On the trademark front, the legislation makes it easier for trademark registrants to obtain injunctive relief and provides new mechanisms for challenging trademark applications and registrations on non-use grounds. These new procedures are intended to provide additional ways to combat fraudulent trademark applications and registrations.
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