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New Weapons Under the TMA: Expungement and Reexamination Proceedings
When: December 15, 2022
Location: Continuing Legal Education
 

California Lawyers Association

People: Michael S. Palmisciano

Michael Palmisciano co-presented a CLE eligible seminar to the California Lawyers Association on December 15, entitled "New Weapons Under the TMA: Expungement and Reexamination Proceedings."

The Trademark Modernization Act (TMA) provides new ways to seek cancellation of trademarks that are not or have not been in actual use. While going forward after 2023, Petitioners may only request an expungement proceeding between three and 10 years after the mark is registered, but until December 2023, one can challenge any registration over three years old. As a result, manyolder trademark registrations may be vulnerable.

Under the new procedures, Petitioners must conduct a “reasonable” investigation, but what does that mean? This webinar discussed the benefits and risks of expungement proceedings, how they are instituted, potential abuse by bad actors, the vetting process to weed out meritless filings and how to respond to attacks against a client’s trademark.