Kilpatrick Townsend’s Ted Davis and Rita Weeks recently presented on the topic of “Combating Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond.” The Trademark Modernization Act (TMA), many aspects of which went into effect December 27, 2021, implemented numerous changes to U.S. trademark practice, including codification of letters of protest, changes to the response deadlines for office actions, clarification of the presumption of irreparable harm, and, perhaps, most significantly, the introduction of new ex parte expungement and reexamination proceedings. Roughly contemporaneously with the enactment and implementation of the TMA, the United States Patent and Trademark Office (USPTO) implemented a sanctions program targeting “improper filing schemes.” And, in a related development, the Trademark Trial and Appeal Board (TTAB) has held that a reckless disregard of the truth can constitute an intent to deceive the USPTO for purposes of fraud-based attacks on applications and registrations.