Saturday, March 6, 2010

Tips from the Trademark Insider: Important Legislative Changes to Trademark Law Coming!

WASHINGTON – Legislation authored by Senator Patrick Leahy (D-Vt.) to help assist trademark owners in maintaining the protection of their brands was passed by the House of Representatives today, and will now head to the President’s desk to be signed into law.

The Trademark Law Technical and Conforming Amendments Act will make technical amendments to the nation’s trademark laws, and will harmonize the system for submitting maintenance filings to the U. S. Patent and Trademark Office (USPTO). Maintenance filings are required for continuing the protection of a trademark. The legislation will also authorize the Director of the USPTO to permit applicants to correct good faith and harmless errors and will make several technical amendments within our trademark laws.

Of major significance the bill also includes a requirement for the Department of Commerce to study whether large corporations are misusing the trademark laws to harass small businesses by exaggerating the scope of their trademark protection. Last year, Vermont’s Rock Art Brewery, a small micro-brewery in Morrisville, Vermont, was the subject of such a threat.

We'll keep you updated.

The Trademark Company

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