Judiciary Leaders Introduce Legislation on Trademark Fraud

House Judiciary Committee leaders introduced legislation Wednesday to address “significant increases in fraudulent trademark filings.” The Trademark Modernization Act was introduced by Chairman Jerry Nadler, D-N.Y., ranking member Doug Collins, R-Ga., House Intellectual Property Subcommittee Chairman Hank Johnson, D-Ga., and subcommittee ranking member Martha Roby, R-Ala. Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C., and ranking member Chris Coons, D-Del., introduced companion legislation. The bill would create “new expedited ex parte cancellation procedures that would allow a new-market entrant or other third party to request cancellation of a trademark registration when the mark was never used or was not used before registration.” It would give the Patent and Trademark Office additional trademark review authority to gather evidence, and clarify “a rebuttable presumption of irreparable harm exists for trademark violations.”