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| 1 minute read

The Trademark Modernization Act in 2023: What's the latest?

Here's a sneak peek to one topic I'll be discussing in an upcoming webinar with my colleagues entitled Hot Topics in Trademark and Copyright Law – 2023 Outlook on February 22, 2023 (see more info and register here:

The most recent update on the Trademark Modernization Act (the "TMA") is that the shorter response times for office action responses has been implemented for pre-registration office actions. Prior to December 3, 2022, any pre-registration office action came with a six-month deadline to respond. With this portion of the TMA now in effect, deadlines have been shortened to three months. There is an opportunity to obtain one three-month extension for a USPTO fee of $125. Applications filed under Section 66(a) are excluded from this change. This shortened response time will apply to post-registration office action responses on October 7, 2023.

The hope is that this change will help speed up the examination process, making the time from filing an application to gaining a registration shorter. It has certainly required practitioners and owners of trademarks to work differently and faster to prepare and file responses before the three month deadline in order to avoid any additional fees.

For more updates on hot topics in copyright and trademark law, be sure to sign up for our webinar via the link above.


trademark, trademarklaw, uspto, ip