Our trademark attorneys will be able to prepare expungement proceedings on your behalf once the Trademark Modernization Act of 2020 (TMA) is implemented on December 27, 2021. [https://www.congress.gov/bill/116th-congress/house-bill/6196/text] An ex-parte expungement proceeding is a new type of proceeding that allows third parties or the Trademark Director to attack the validity of a registered trademark. This new procedure would need to be brought between three to ten years after the trademark’s registration date. The argument ultimately being made is that the trademark obtained has never been used in commerce. All issued registrations may be attacked. Only some types of registrations would be permitted to demonstrate excusable non-use, which would allow the continued registration of the challenged registration.
If you find yourself having to defend against an expungement proceeding, our trademark attorneys can help you respond and defend your trademark registration. The proof of your use and adoption at the time of registration will need to be collected and reviewed. If there is no way to defend and show that your trademark was properly registered, our attorneys will have that hard conversation with you and help you re-brand and adopt a valid, registrable trademark.
If you and your company are not domiciled in the United States, you will need to hire a United States trademark attorney. Our experienced trademark attorneys are bilingual and are available to help protect and preserve your rights.