Reexamination Proceedings

Our trademark attorneys can prepare reexamination proceedings on your behalf once the Trademark Modernization Act of 2020 (TMA) is implemented on December 27, 2021. A reexamination proceeding allows third parties or the Trademark Director to attack a trademark registration because the proof submitted to support the use of the trademark was not used on or before a particular relevant date. This new procedure would need to be brought within the first five years after the trademark registers and is generally directed at registrations where a questionable specimen showing use in commerce of the trademark was submitted during the examination of the underlying application.

If you find yourself having to defend against a reexamination proceeding, our trademark attorneys could help you respond and defend your trademark registration. The proof of your use and adoption would 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.