The Trademark Modernization Act of 2020 (TM Act) is included in Subtitle B of the Consolidated Appropriations Act of 2021, signed into law on December 27, 2020. This law will make several statutory changes to the Trademark Act; each of these changes will be addressed in further detail below. Third-Party Submissions of Evidence The first…

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On December 21, 2020, the USPTO issued a request for comments on whether its interpretation of the “article of manufacture” requirement for design patents (35 U.S.C. § 171) should be revised to broaden the scope of patentable subject matter to cover new and developing forms of intangible digital designs. A design patent is granted to…

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