Lessons learned and best practices for petitioners

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Trademark Alert

New guidance on expungement and reexamination proceedings

Stakeholders are using the new expungement and reexamination proceedings under the Trademark Modernization Act of 2020 (TMA) to challenge unused registered trademarks. We have identified some emerging best practices that help us evaluate evidence and efficiently determine when to institute proceedings. We have also found limitations of the proceedings and have outlined how they may impact petitioners.

The new guidance is compiled under the proceedings section of the TMA webpage​ and includes information about:

• Digitally altered specimens as evidence of nonuse
• Preparing petitions
• Submitting relevant, legible evidence

Expand the “Limitations of proceedings” and “Best practices” sections for more information.

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