The Trademark Modernization Act of 2020 (TMA) restores the rebuttable presumption of irreparable harm for trademark owners. This means that trademark holders are more likely to win an injunction due to the possibility of irreparable damage due to the sales of knockoffs. Businesses put a lot of effort into establishing their reputation in the marketplace, so it’s good to know that it should be a little easier to protect against cheap knockoffs!
The TMA is also intended to reduce fraudulent filings from China. These fraudulent filings have made it difficult for some legitimate U.S. businesses to get the trademark protection they desire. According to the National Law Review, trademark filings originating from China increased 1,100 percent between 2012 and 2018. Wow! Just let that sink in for a moment. The TMA will combat these fraudulent filings.
The new legislation will also make it easier for brand owners that are actively selling their branded products to fight “deadwood” trademarks or those that have never been used but still maintain protected status. The TMA expressly adds nonuse as grounds for cancellation of a registered mark. Previously, challengers had to prove that the registrant intentionally misrepresented use in commerce, which was not always possible, even with a great legal team.
Working with Professionals to Build and Protect Your Brand
Many companies work closely with marketing professionals and industry experts to create branding for their products, formulations, recipes, and services. However, if you do not take the legal steps to protect your brand with registered trademarks, all of your hard work and money may be wasted. Securing your branding in addition to your patent rights or trade secrets is critical for the success of your business.
If you have questions about protecting your branding, obtaining patent protection, contracts, or other startup issues, please contact the attorneys of Garcia-Zamor. With over twenty years of experience, our lawyers can help you obtain the protection you want so that you can focus on your business.
