Legis Daily

TM Act of 2020

USA116th CongressHR-6196| House 
| Updated: 12/14/2020
Henry C. "Hank" Johnson

Henry C. "Hank" Johnson

Democratic Representative

Georgia

Cosponsors (9)
Guy Reschenthaler (Republican)Martha Roby (Republican)David N. Cicilline (Democratic)Doug Collins (Republican)Greg Stanton (Democratic)Jerrold Nadler (Democratic)Theodore E. Deutch (Democratic)Chris Jacobs (Republican)Ben Cline (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Trademark Modernization Act of 2020 or the TM Act of 2020 This bill makes several changes to trademark law, such as by providing new mechanisms for opposing and canceling trademark registrations at the Patent and Trademark Office (PTO) and by making it easier to secure an injunction. The bill authorizes a third party to submit evidence to the PTO to oppose an application for a federal trademark registration. The bill establishes a procedure for any party to petition the PTO to expunge a registration for a trademark that has not been used in commerce. The bill also establishes a procedure for any party to petition the PTO to reexamine any trademark registration on such nonuse grounds. The PTO may also initiate such an expungement or reexamination proceeding. If a plaintiff has prevailed in court in asserting certain trademark rights, that plaintiff shall be entitled to a presumption that the plaintiff will suffer irreparable harm for purposes of determining whether the plaintiff is entitled to a permanent injunction. If a trademark plaintiff is seeking a preliminary injunction, that plaintiff is entitled to this presumption upon a court finding that the plaintiff is likely to succeed on the merits of the case. Under current law, a plaintiff must establish irreparable harm to secure an injunction. In addition, the PTO Director shall have the authority to reconsider, modify, or set aside certain decisions made by the Trademark Trial and Appeal Board. The Government Accountability Office shall report to Congress on PTO efforts to address false and inaccurate claims in trademark registrations and applications.

Bill Text Versions

View Text
2 versions available

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Timeline
Mar 11, 2020

Latest Companion Bill Action

S 116-3449
Introduced in Senate
Mar 11, 2020
Introduced in House
Mar 11, 2020
Referred to the House Committee on the Judiciary.
Sep 9, 2020
Committee Consideration and Mark-up Session Held.
Sep 9, 2020
Ordered to be Reported (Amended).
Dec 14, 2020
Placed on the Union Calendar, Calendar No. 530.
Dec 14, 2020
Reported (Amended) by the Committee on Judiciary. H. Rept. 116-645.
  • March 11, 2020

    Latest Companion Bill Action

    S 116-3449
    Introduced in Senate


  • March 11, 2020
    Introduced in House


  • March 11, 2020
    Referred to the House Committee on the Judiciary.


  • September 9, 2020
    Committee Consideration and Mark-up Session Held.


  • September 9, 2020
    Ordered to be Reported (Amended).


  • December 14, 2020
    Placed on the Union Calendar, Calendar No. 530.


  • December 14, 2020
    Reported (Amended) by the Committee on Judiciary. H. Rept. 116-645.

Commerce

Related Bills

  • S 116-3449: TM Act of 2020
Business recordsCivil actions and liabilityCongressional oversightEvidence and witnessesGovernment information and archivesGovernment studies and investigationsIntellectual propertyJudicial review and appealsLicensing and registrations

TM Act of 2020

USA116th CongressHR-6196| House 
| Updated: 12/14/2020
Trademark Modernization Act of 2020 or the TM Act of 2020 This bill makes several changes to trademark law, such as by providing new mechanisms for opposing and canceling trademark registrations at the Patent and Trademark Office (PTO) and by making it easier to secure an injunction. The bill authorizes a third party to submit evidence to the PTO to oppose an application for a federal trademark registration. The bill establishes a procedure for any party to petition the PTO to expunge a registration for a trademark that has not been used in commerce. The bill also establishes a procedure for any party to petition the PTO to reexamine any trademark registration on such nonuse grounds. The PTO may also initiate such an expungement or reexamination proceeding. If a plaintiff has prevailed in court in asserting certain trademark rights, that plaintiff shall be entitled to a presumption that the plaintiff will suffer irreparable harm for purposes of determining whether the plaintiff is entitled to a permanent injunction. If a trademark plaintiff is seeking a preliminary injunction, that plaintiff is entitled to this presumption upon a court finding that the plaintiff is likely to succeed on the merits of the case. Under current law, a plaintiff must establish irreparable harm to secure an injunction. In addition, the PTO Director shall have the authority to reconsider, modify, or set aside certain decisions made by the Trademark Trial and Appeal Board. The Government Accountability Office shall report to Congress on PTO efforts to address false and inaccurate claims in trademark registrations and applications.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 11, 2020

Latest Companion Bill Action

S 116-3449
Introduced in Senate
Mar 11, 2020
Introduced in House
Mar 11, 2020
Referred to the House Committee on the Judiciary.
Sep 9, 2020
Committee Consideration and Mark-up Session Held.
Sep 9, 2020
Ordered to be Reported (Amended).
Dec 14, 2020
Placed on the Union Calendar, Calendar No. 530.
Dec 14, 2020
Reported (Amended) by the Committee on Judiciary. H. Rept. 116-645.
  • March 11, 2020

    Latest Companion Bill Action

    S 116-3449
    Introduced in Senate


  • March 11, 2020
    Introduced in House


  • March 11, 2020
    Referred to the House Committee on the Judiciary.


  • September 9, 2020
    Committee Consideration and Mark-up Session Held.


  • September 9, 2020
    Ordered to be Reported (Amended).


  • December 14, 2020
    Placed on the Union Calendar, Calendar No. 530.


  • December 14, 2020
    Reported (Amended) by the Committee on Judiciary. H. Rept. 116-645.
Henry C. "Hank" Johnson

Henry C. "Hank" Johnson

Democratic Representative

Georgia

Cosponsors (9)
Guy Reschenthaler (Republican)Martha Roby (Republican)David N. Cicilline (Democratic)Doug Collins (Republican)Greg Stanton (Democratic)Jerrold Nadler (Democratic)Theodore E. Deutch (Democratic)Chris Jacobs (Republican)Ben Cline (Republican)

Judiciary Committee

Commerce

Related Bills

  • S 116-3449: TM Act of 2020
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Business recordsCivil actions and liabilityCongressional oversightEvidence and witnessesGovernment information and archivesGovernment studies and investigationsIntellectual propertyJudicial review and appealsLicensing and registrations