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Expungement vs. Reexamination: What are the differences?

Patent Trademark Blog

When would an expungement or reexamination be available? This post will cover some key differences between an expungement and a reexamination, including situations that might warrant one or the other. Reexamination = repeat examination. What are the requirements for reexamination? Not in the past, and not now.

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Precedential No. 32: No Preclusive Effect in Cancellation Proceeding if Challenged Registration Survives Reexamination or Expungement

The TTABlog

In a rather straightforward ruling, the Board held that "the termination of a reexamination or expungement proceeding in favor of a registrant cannot be the basis for the registrant’s assertion of claim or issue preclusion in a proceeding before the Board to cancel that registration." 1066a(e), (f); 1066b(f)). 15 U.S.C. §§ 1066a(g), 1066b(g).

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USPTO Implementing Trademark Modernization Act

IP Intelligence

Ex Parte Expungement and Reexamination Proceedings: To address problems of fraudulent filings and continued registration of marks not properly in use in commerce, the USPTO proposes rules implementing the new ex parte expungement and reexamination proceedings created by the TMA.

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Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

The TMA was passed as part of the COVID relief bill in December 2020. Two new ex parte proceedings to allow for potential cancellation of trademarks not properly used in commerce. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks.

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A December to Remember: The Trademark Modernization Act Implemented on December 18, 2021

LexBlog IP

Ex Parte Reexamination and Expungement Proceedings. Ex Parte Reexamination Proceedings. Ex Parte Expungement Proceedings. commerce in connection with some or all of the registered goods and services. Q&A of Ex Parte Reexamination and Expungement Proceedings.

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New Nonuse Provisions of Trademark Modernization Act May Significantly Impact Non-US Trademark Owners

The TTABlog

In large part, the Trademark Modernization Act (TMA), signed into law by then President Trump on December 27, 2020, will take effect on December 27, 2021. The petition for reexamination must be filed prior to the fifth anniversary of the registration.

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The Five Biggest Mistakes the USPTO is Seeing in Expungement and Reexamination Petitions—and How to Avoid Making Them Yourself

LexBlog IP

Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. § 1064(6) , the TMA provided for two new avenues for ex parte examination: expungement pursuant to 15 U.S.C. § 1066(B). § 2.91(d)(2)