Three Years In: Over 2,000 Proceedings Signal a New Era of Trademark Clean-Up

When the Trademark Modernization Act (TMA) was signed into law in December 2020 and implemented in late 2021, it promised to streamline trademark enforcement and revitalize the integrity of the federal trademark register. Three years later, the United States Patent and Trademark Office (USPTO) has taken decisive action—launching more than 2,000 TMA proceedings aimed at removing unused or abandoned trademarks from the books.

This surge of activity marks a fundamental shift in how trademark rights are protected and challenged in the United States. For business owners, entrepreneurs, and trademark practitioners, understanding these changes is key to navigating today's trademark landscape.

What Is the Trademark Modernization Act?

The TMA was designed to address several long-standing issues in the trademark registration system, including the growing clutter of unused marks that hinder legitimate businesses from registering their own trademarks. The law introduced several mechanisms to accomplish this:

• Expungement proceedings: These allow third parties—or the USPTO itself—to request the removal of trademarks that were never used in commerce.

• Reexamination proceedings: These target marks that may not have been in use at the time of their filing or alleged first use dates.

• New procedures for letters of protest and deadlines: Streamlining third-party input and examiner discretion during the registration process.

These tools empower both the USPTO and rights holders to challenge suspect registrations more efficiently and cost-effectively than through traditional cancellation proceedings before the Trademark Trial and Appeal Board (TTAB).

Over 2,000 TMA Proceedings and Counting

Since the TMA's enforcement mechanisms came online, the USPTO has initiated more than 2,000 proceedings to purge unused marks. This aggressive enforcement has several immediate effects:

1. Clearing the Register: By removing dormant or fraudulent marks, the USPTO is decluttering the register and making room for legitimate trademark applications.

2. Reducing Legal Obstacles: Entrepreneurs no longer have to navigate a minefield of “zombie” trademarks that block the registration of new brands.

3. Incentivizing Use: The TMA raises the stakes for trademark applicants to maintain accurate use claims. It's no longer enough to file defensively; use in commerce is being actively verified.

What This Means for Business Owners

For small business owners, startups, and legal advisors, the implications are significant:

• Easier Access to Trademark Protection: Fewer illegitimate marks on the register means a clearer path to successful registrations.

• Need for Diligence: Businesses must ensure their own trademark claims are accurate and supported by real use—or risk facing a TMA challenge.

• Strategic Enforcement: If your business is blocked by an inactive mark, the TMA gives you a faster, less costly route to challenge that registration.

Practical Tips for Navigating the TMA Landscape

1. Audit Your Portfolio: Ensure all registered marks are genuinely in use and that documentation is up to date.

2. Be Proactive: If your application is being blocked by a questionable registration, consider filing a TMA petition for expungement or reexamination.

3. Consult Counsel: The TMA introduces nuanced procedural requirements. Working with a trademark attorney can help ensure compliance and maximize your brand protection strategy.

Final Thoughts

The Trademark Modernization Act is already living up to its name, modernizing the U.S. trademark system and improving access to the federal register for legitimate businesses. With more than 2,000 proceedings already underway, the USPTO is making good on its promise to clear the register and enhance trademark integrity.

For brand owners, it's a time of both opportunity and responsibility—those who maintain robust, well-documented use of their trademarks are well-positioned to benefit from a cleaner, fairer system.