The Trademark Modernization Act (TMA) is transforming the way we protect the trademark register by making it easier to challenge unused or fraudulent marks.
✅ Faster, Cheaper Solutions
TMA introduces expungement and reexamination petitions—streamlined alternatives to lengthy litigation with the TTAB. Filing costs $400 per class and can be targeted to specific goods/services.
TMA introduces expungement and reexamination petitions—streamlined alternatives to lengthy litigation with the TTAB. Filing costs $400 per class and can be targeted to specific goods/services.
What’s the Difference?
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Expungement: For marks never used in commerce (3–10 years old).
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Reexamination: For Section 1(a) filings within 5 years post-registration.
Proving Non-Use
Non-use means no bona fide commercial use. Petitioners must show solid evidence like dated screenshots, fake or suspicious specimens, and clear signs of “specimen farms”—websites built solely for trademark filings, not real commerce.
Non-use means no bona fide commercial use. Petitioners must show solid evidence like dated screenshots, fake or suspicious specimens, and clear signs of “specimen farms”—websites built solely for trademark filings, not real commerce.
⚠️ Red Flags in Specimen Farms
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No product categorization
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Placeholder text on sites
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Identical tracking numbers across registrations
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Improbable or unrelated product listings
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Fake invoices and mock storefronts