The modernization rules of the American Trademark Law should be approved soon: they are more stringent in particular for the proof of use of the trademark. In addition to the appeal to the Commission or to the District Court by the third party who wants to ascertain the total or partial forfeiture of a registration for non-use of the sign, the novelties will allow the Director of the USPTO, ex officio or at the request of third parties, to implement the cancellation of lapsed registrations (possible between the 3rd and 10th year after registration). It will also be possible to review the start-of-use or pre-use allegations filed during the registration procedure (only available within 5 years from granting). In addition, what we call “Third party’s observations”, that is, third party communications to the USPTO aimed at reporting reasons contrary to the registrability of a trademark applied for, will be allowed. Finally, the Examiner can decide whether to assign a term between 60 and 180 days for the reply to an Examination Report (now it is standard 180 days).
