134 STAT. 2200 PUBLIC LAW 116–260—DEC. 27, 2020 
(2) Whether adjustments to the authority of the Copyright 
Claims Board are necessary or advisable, including with respect to— 
(A) eligible claims, such as claims under section 1202 
of title 17, United States Code; and 
(B) works and applicable damages limitations. 
(3) Whether greater allowance should be made to permit 
awards of attorneys’ fees and costs to prevailing parties, including potential limitations on such awards. 
(4) Potential mechanisms to assist copyright owners with 
small claims in ascertaining the identity and location of unknown online infringers. 
(5) Whether the Copyright Claims Board should be 
expanded to offer mediation or other nonbinding alternative dispute resolution services to interested parties. 
(6) Such other matters as the Register of Copyrights 
believes may be pertinent concerning the Copyright Claims Board. (f) S
EVERABILITY .—If any provision of this section, an amend-
ment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconsti-tutional, the remainder of this section and the amendments made by this section, and the application of the provision or the amend-ment to any other person or circumstance, shall not be affected. 
Subtitle B—Trademarks 
SEC. 221. SHORT TITLE; TABLE OF CONTENTS. 
(a) S HORT TITLE.—This subtitle may be cited as the ‘‘Trademark 
Modernization Act of 2020’’ or the ‘‘TM Act of 2020’’. 
(b) T ABLE OF CONTENTS .—The table of contents for this subtitle 
is as follows: 
Subtitle B—Trademarks 
Sec. 221. Short title; table of contents. 
Sec. 222. Definitions. Sec. 223. Providing for third-party submission of evidence during examination. Sec. 224. Providing for flexible response periods. Sec. 225. Ex parte expungement; ex parte reexamination; new grounds for cancella-
tion. 
Sec. 226. Rebuttable presumption of irreparable harm. Sec. 227. Report on decluttering initiatives. Sec. 228. Amendments to confirm authority of the Director. 
SEC. 222. DEFINITIONS. 
In this subtitle: 
(1) D IRECTOR .—The term ‘‘Director’’ means the Under Sec-
retary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. 
(2) T
RADEMARK ACT OF 1946 .—The term ‘‘Trademark Act 
of 1946’’ means the Act entitled ‘‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’’, approved July 5, 1946 (15 U.S.C. 1051 et. seq) (commonly referred to as the ‘‘Trademark Act of 1946’’ or the ‘‘Lanham Act’’). 15 USC 1051 note. 15 USC 1051 
note. Trademark 
Modernization Act of 2020. 17 USC 1501 
note. 
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SEC. 223. PROVIDING FOR THIRD-PARTY SUBMISSION OF EVIDENCE 
DURING EXAMINATION. 
(a) A MENDMENT .—Section 1 of the Trademark Act of 1946 (15 
U.S.C. 1051) is amended by adding at the end the following: 
‘‘(f) A third party may submit for consideration for inclusion 
in the record of an application evidence relevant to a ground for refusal of registration. The third-party submission shall identify the ground for refusal and include a concise description of each piece of evidence submitted in support of each identified ground for refusal. Not later than 2 months after the date on which the submission is filed, the Director shall determine whether the evi-dence should be included in the record of the application. The Director shall establish by regulation appropriate procedures for the consideration of evidence submitted by a third party under this subsection and may prescribe a fee to accompany the submis-sion. If the Director determines that the third-party evidence should be included in the record of the application, only the evidence and the ground for refusal to which the evidence relates may be so included. Any determination by the Director whether or not to include evidence in the record of an application shall be final and non-reviewable, and a determination to include or to not include evidence in the record shall not prejudice any party’s right to raise any issue and rely on any evidence in any other proceeding.’’. 
(b) D
EADLINE FOR PROCEDURES .—Not later than 1 year after 
the date of enactment of this Act, the Director shall establish the appropriate procedures described in section 1(f) of the Trade-mark Act of 1946, as added by subsection (a). 
(c) E
FFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect 1 year after the date of enactment of this Act. 
SEC. 224. PROVIDING FOR FLEXIBLE RESPONSE PERIODS. 
Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b)) 
is amended to read as follows: 
‘‘(b)(1) If the applicant is found not entitled to registration, 
the examiner shall notify the applicant thereof and of the reasons therefor. The applicant may reply or amend the application, which shall then be reexamined. This procedure may be repeated until the examiner finally refuses registration of the mark or the applica-tion is abandoned as described in paragraph (2). 
‘‘(2) After notification under paragraph (1), the applicant shall 
have a period of 6 months in which to reply or amend the applica-tion, or such shorter time that is not less than 60 days, as prescribed by the Director by regulation. If the applicant fails to reply or amend or appeal within the relevant time period, including any extension under paragraph (3), the application shall be deemed to have been abandoned, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, in which case the application may be revived and such time may be extended. The Director may prescribe a fee to accompany any request to revive. 
‘‘(3) The Director shall provide, by regulation, for extensions 
of time to respond to the examiner for any time period under paragraph (2) that is less than 6 months. The Director shall allow the applicant to obtain extensions of time to reply or amend aggre-gating 6 months from the date of notification under paragraph (1) when the applicant so requests. However, the Director may 
Fees. Notification. 
Regulations. 15 USC 1051 
note. 15 USC 1051 
note. Regulations. 
Procedures. Deadline. Records. 
Determination. 
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set by regulation the time for individual periods of extension, and 
prescribe a fee, by regulation, for any extension request. Any request for extension shall be filed on or before the date on which a reply or amendment is due under paragraph (1).’’. 
SEC. 225. EX PARTE EXPUNGEMENT; EX PARTE REEXAMINATION; NEW 
GROUNDS FOR CANCELLATION. 
(a) E XPARTE EXPUNGEMENT .—The Trademark Act of 1946 is 
amended by inserting after section 16 (15 U.S.C. 1066) the following: 
‘‘SEC. 16A. EX PARTE EXPUNGEMENT. 
‘‘(a) P ETITION .—Notwithstanding sections 7(b) and 22, and sub-
sections (a) and (b) of section 33, any person may file a petition to expunge a registration of a mark on the basis that the mark has never been used in commerce on or in connection with some or all of the goods or services recited in the registration. 
‘‘(b) C
ONTENTS OF PETITION .—A petition filed under subsection 
(a), together with any supporting documents, shall— 
‘‘(1) identify the registration that is the subject of the 
petition; 
‘‘(2) identify each good or service recited in the registration 
for which it is alleged that the mark has never been used in commerce; 
‘‘(3) include a verified statement that sets forth— 
‘‘(A) the elements of the reasonable investigation the 
petitioner conducted to determine that the mark has never been used in commerce on or in connection with the goods and services identified in the petition; and 
‘‘(B) any additional facts that support the allegation 
that the mark has never been used in commerce on or in connection with the identified goods and services; ‘‘(4) include any supporting evidence on which the petitioner 
relies; and 
‘‘(5) be accompanied by the fee prescribed by the Director. 
‘‘(c) I
NITIAL DETERMINATION ; INSTITUTION .— 
‘‘(1) P RIMA FACIE CASE DETERMINATION , INSTITUTION , AND 
NOTIFICATION .—The Director shall, for each good or service 
identified under subsection (b)(2), determine whether the peti-tion sets forth a prima facie case of the mark having never been used in commerce on or in connection with each such good or service, institute an ex parte expungement proceeding for each good or service for which the Director determines that a prima facie case has been set forth, and provide a notice to the registrant and petitioner of the determination of whether or not the proceeding was instituted. Such notice shall include a copy of the petition and any supporting docu-ments and evidence that were included with the petition. 
‘‘(2) R
EASONABLE INVESTIGATION GUIDANCE .—The Director 
shall promulgate regulations regarding what constitutes a 
reasonable investigation under subsection (b)(3) and the general types of evidence that could support a prima facie case that a mark has never been used in commerce, but the Director shall retain the discretion to determine whether a prima facie case is set out in a particular proceeding. 
‘‘(3) D
ETERMINATION BY DIRECTOR .—Any determination by 
the Director whether or not to institute a proceeding under this section shall be final and non-reviewable, and shall not prejudice any party’s right to raise any issue and rely on Regulations. Records. Notice. Fees. Statement. 15 USC 1066a. 
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any evidence in any other proceeding, except as provided in 
subsection (j). ‘‘(d) E
XPARTE EXPUNGEMENT PROCEDURES .—The procedures 
for ex parte expungement shall be the same as the procedures for examination under section 12(b), except that the Director shall promulgate regulations establishing and governing a proceeding under this section, which may include regulations that— 
‘‘(1) set response and extension times particular to this 
type of proceeding, which, notwithstanding section 12(b)(3), need not be extendable to 6 months; 
‘‘(2) set limits governing the timing and number of petitions 
filed for a particular registration or by a particular petitioner or real parties in interest; and 
‘‘(3) define the relation of a proceeding under this section 
to other proceedings concerning the mark. ‘‘(e) R
EGISTRANT ’SEVIDENCE OF USE.—A registrant’s documen-
tary evidence of use shall be consistent with when a mark shall be deemed to be in use in commerce under the definition of ‘use in commerce’ in section 45, but shall not be limited in form to that of specimens as provided in section 1(a). 
‘‘(f) E
XCUSABLE NONUSE .—During an ex parte expungement 
proceeding, for a mark registered under section 44(e) or an extension of protection under section 66, the registrant may offer evidence showing that any nonuse is due to special circumstances that excuse such nonuse. In such a case, the examiner shall determine whether the facts and evidence demonstrate excusable nonuse and shall not find that the registration should be cancelled under subsection (g) for any good or service for which excusable nonuse is dem-onstrated. 
‘‘(g) E
XAMINER ’SDECISION ; ORDER TO CANCEL .—For each good 
or service for which it is determined that a mark has never been used in commerce, and for which the provisions of subsection (f) do not apply, the examiner shall find that the registration should be cancelled for each such good or service. A mark shall not be found to have never been used in commerce if there is evidence of use in commerce by the registrant that temporally would have supported registration at the time the application was filed or the relevant allegation of use was made, or after registration, but before the petition to expunge was filed under subsection (a), or an ex parte expungement proceeding was instituted by the Director under subsection (h). Unless overturned on review of the examiner’s decision, the Director shall issue an order cancelling the registra-tion, in whole or in part, after the time for appeal has expired or any appeal proceeding has terminated. 
‘‘(h) E
XPARTE EXPUNGEMENT BY THE DIRECTOR .— 
‘‘(1) I N GENERAL .—The Director may, on the Director’s own 
initiative, institute an ex parte expungement proceeding if the Director discovers information that supports a prima facie case of a mark having never been used in commerce on or in connec-tion with any good or service covered by a registration. The Director shall promptly notify the registrant of such determina-tion, at which time the ex parte expungement proceeding shall proceed according to the same procedures for ex parte expungement established pursuant to subsection (d). If the Director determines, based on the Director’s own initiative, to institute an expungement proceeding, the Director shall transmit or make available the information that formed the 
Notification. Determination. Determination. Time period. Regulations. 
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basis for that determination as part of the institution notice 
sent to the registrant. 
‘‘(2) R ULE OF CONSTRUCTION .—Nothing in this subsection 
shall be construed to limit any other authority of the Director. ‘‘(i) T
IME FOR INSTITUTION .— 
‘‘(1) W HEN PETITION MAY BE FILED , EX PARTE EXPUNGEMENT  
PROCEEDING INSTITUTED .—A petition for ex parte expungement 
of a registration under subsection (a) may be filed, or the Director may institute on the Director’s own initiative an ex parte expungement proceeding of a registration under sub-section (h), at any time following the expiration of 3 years after the date of registration and before the expiration of 10 years following the date of registration. 
‘‘(2) E
XCEPTION .—Notwithstanding paragraph (1), for a 
period of 3 years after the date of enactment of this section, a petition for expungement of a registration under subsection (a) may be filed, or the Director may institute on the Director’s own initiative an ex parte expungement proceeding of a reg-istration under subsection (h), at any time following the expira-tion of 3 years after the date of registration. ‘‘(j) L
IMITATION ON LATER EXPARTE EXPUNGEMENT PRO-
CEEDINGS .— 
‘‘(1) N OC O -PENDING PROCEEDINGS .—With respect to a par-
ticular registration, while an ex parte expungement proceeding is pending, no later ex parte expungement proceeding may be instituted with respect to the same goods or services that are the subject of a pending ex parte expungement proceeding. 
‘‘(2) E
STOPPEL .—With respect to a particular registration, 
for goods or services previously subject to an instituted expungement proceeding for which, in that proceeding, it was determined that the registrant had used the mark for particular goods or services, as relevant, and the registration was not cancelled as to those goods or services, no further ex parte expungement proceedings may be initiated as to those goods or services, regardless of the identity of the petitioner. ‘‘(k) U
SE IN COMMERCE REQUIREMENT NOTALTERED .—Nothing 
in this section shall affect the requirement for use in commerce of a mark registered under section 1(a) or 23.’’. 
(b) N
EW GROUNDS FOR CANCELLATION .—Section 14 of the 
Trademark Act of 1946 (15 U.S.C. 1064) is amended— 
(1) by striking the colon at the end of paragraph (5) and 
inserting a period; 
(2) by inserting after paragraph (5) the following: ‘‘(6) At any time after the 3-year period following the date 
of registration, if the registered mark has never been used in commerce on or in connection with some or all of the goods or services recited in the registration:’’; and 
(3) in the flush text following paragraph (6), as added 
by paragraph (2) of this subsection, by inserting ‘‘Nothing in paragraph (6) shall be construed to limit the timing applicable to any other ground for cancellation. A registration under sec-tion 44(e) or 66 shall not be cancelled pursuant to paragraph (6) if the registrant demonstrates that any nonuse is due to special circumstances that excuse such nonuse.’’ after ‘‘identical certification mark is applied.’’. Time period. 
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(c) E XPARTE REEXAMINATION .—The Trademark Act of 1946 
is amended by inserting after section 16A, as added by subsection (a), the following: 
‘‘SEC. 16B. EX PARTE REEXAMINATION. 
‘‘(a) P ETITION FOR REEXAMINATION .—Any person may file a 
petition to reexamine a registration of a mark on the basis that the mark was not in use in commerce on or in connection with some or all of the goods or services recited in the registration on or before the relevant date. 
‘‘(b) R
ELEVANT DATE.—In this section, the term ‘relevant date’ 
means, with respect to an application for the registration of a mark with an initial filing basis of— 
‘‘(1) section 1(a) and not amended at any point to be filed 
pursuant to section 1(b), the date on which the application was initially filed; or 
‘‘(2) section 1(b) or amended at any point to be filed pursu-
ant to section 1(b), the date on which— 
‘‘(A) an amendment to allege use under section 1(c) 
was filed; or 
‘‘(B) the period for filing a statement of use under 
section 1(d) expired, including all approved extensions thereof. 
‘‘(c) R
EQUIREMENTS FOR THE PETITION .—A petition filed under 
subsection (a), together with any supporting documents, shall— 
‘‘(1) identify the registration that is the subject of the 
petition; 
‘‘(2) identify each good and service recited in the registra-
tion for which it is alleged that the mark was not in use in commerce on or in connection with on or before the relevant date; 
‘‘(3) include a verified statement that sets forth— 
‘‘(A) the elements of the reasonable investigation the 
petitioner conducted to determine that the mark was not in use in commerce on or in connection with the goods and services identified in the petition on or before the relevant date; and 
‘‘(B) any additional facts that support the allegation 
that the mark was not in use in commerce on or before the relevant date on or in connection with the identified goods and services; ‘‘(4) include supporting evidence on which the petitioner 
relies; and 
‘‘(5) be accompanied by the fee prescribed by the Director. 
‘‘(d) I
NITIAL DETERMINATION ; INSTITUTION .— 
‘‘(1) P RIMA FACIE CASE DETERMINATION , INSTITUTION , AND 
NOTIFICATION .—The Director shall, for each good or service 
identified under subsection (c)(2), determine whether the peti-tion sets forth a prima facie case of the mark having not been in use in commerce on or in connection with each such good or service, institute an ex parte reexamination proceeding for each good or service for which the Director determines that the prima facie case has been set forth, and provide a notice to the registrant and petitioner of the determination of whether or not the proceeding was instituted. Such notice shall include a copy of the petition and any supporting docu-ments and evidence that were included with the petition. 
Records. Fees. Statement. Definition. 15 USC 1066b. 
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‘‘(2) R EASONABLE INVESTIGATION GUIDANCE .—The Director 
shall promulgate regulations regarding what constitutes a reasonable investigation under subsection (c)(3) and the general types of evidence that could support a prima facie case that the mark was not in use in commerce on or in connection with a good or service on or before the relevant date, but the Director shall retain discretion to determine whether a prima facie case is set out in a particular proceeding. 
‘‘(3) D
ETERMINATION BY DIRECTOR .—Any determination by 
the Director whether or not to institute a reexamination pro-ceeding under this section shall be final and non-reviewable, and shall not prejudice any party’s right to raise any issue and rely on any evidence in any other proceeding, except as provided in subsection (j). ‘‘(e) R
EEXAMINATION PROCEDURES .—The procedures for 
reexamination shall be the same as the procedures established under section 12(b) except that the Director shall promulgate regu-lations establishing and governing a proceeding under this section, which may include regulations that— 
‘‘(1) set response and extension times particular to this 
type of proceeding, which, notwithstanding section 12(b)(3), need not be extendable to 6 months; 
‘‘(2) set limits governing the timing and number of petitions 
filed for a particular registration or by a particular petitioner or real parties in interest; and 
‘‘(3) define the relation of a reexamination proceeding under 
this section to other proceedings concerning the mark. ‘‘(f) R
EGISTRANT ’SEVIDENCE OF USE.—A registrant’s documen-
tary evidence of use shall be consistent with when a mark shall be deemed to be in use in commerce under the definition of ‘use in commerce’ in section 45, but shall not be limited in form to that of specimens as provided in section 1(a). 
‘‘(g) E
XAMINER ’SDECISION ; ORDER TO CANCEL .—For each good 
or service for which it is determined that the registration should not have issued because the mark was not in use in commerce on or before the relevant date, the examiner shall find that the registration should be cancelled for each such good or service. Unless overturned on review of the examiner’s decision, the Director shall issue an order cancelling the registration, in whole or in part, after the time for appeal has expired or any appeal proceeding has terminated. 
‘‘(h) R
EEXAMINATION BY DIRECTOR .— 
‘‘(1) I N GENERAL .—The Director may, on the Director’s own 
initiative, institute an ex parte reexamination proceeding if the Director discovers information that supports a prima facie case of the mark having not been used in commerce on or 
in connection with some or all of the goods or services covered by the registration on or before the relevant date. The Director shall promptly notify the registrant of such determination, at which time reexamination shall proceed according to the same procedures established pursuant to subsection (e). If the Director determines, based on the Director’s own initiative, to institute an ex parte reexamination proceeding, the Director shall transmit or make available the information that formed the basis for that determination as part of the institution notice. 
Notification. Determination. Time period. Regulations. Regulations. 
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‘‘(2) R ULE OF CONSTRUCTION .—Nothing in this subsection 
shall be construed to limit any other authority of the Director. ‘‘(i) T
IME FOR INSTITUTION .—A petition for ex parte reexamina-
tion may be filed, or the Director may institute on the Director’s own initiative an ex parte reexamination proceeding, at any time not later than 5 years after the date of registration of a mark registered based on use in commerce. 
‘‘(j) L
IMITATION ON LATER EXPARTE REEXAMINATION PRO-
CEEDINGS .— 
‘‘(1) N OC O -PENDING PROCEEDINGS .—With respect to a par-
ticular registration, while an ex parte reexamination proceeding is pending, no later ex parte reexamination proceeding may be instituted with respect to the same goods or services that are the subject of a pending ex parte reexamination proceeding. 
‘‘(2) E
STOPPEL .—With respect to a particular registration, 
for any goods or services previously subject to an instituted ex parte reexamination proceeding for which, in that pro-ceeding, it was determined that the registrant had used the mark for particular goods or services before the relevant date, and the registration was not cancelled as to those goods or services, no further ex parte reexamination proceedings may be initiated as to those goods or services, regardless of the identity of the petitioner. ‘‘(k) S
UPPLEMENTAL REGISTER .—The provisions of subsection 
(b) apply, as appropriate, to registrations under section 23. Nothing in this section shall be construed to limit the timing of a cancellation action under section 24.’’. 
(d) A
PPEAL .— 
(1) A PPEAL TO TRADEMARK TRIAL AND APPEAL BOARD .— 
Section 20 of the Trademark Act of 1946 (15 U.S.C. 1070) is amended by inserting ‘‘or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamina-tion proceeding’’ after ‘‘registration of marks’’. 
(2) A
PPEAL TO COURTS .— 
(A) E XPUNGEMENT OR EX PARTE REEXAMINATION .—Sec-
tion 21(a)(1) of the Trademark Act of 1946 (15 U.S.C. 1071(a)(1)) is amended by striking ‘‘or an applicant for renewal’’ and inserting the following: ‘‘an applicant for renewal, or a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding’’. 
(B) E
XCEPTION .—Section 21(b)(1) of the Trademark Act 
of 1946 (15 U.S.C. 1071(b)(1)) is amended by inserting ‘‘, except for a registrant subject to an ex parte expungement proceeding or an ex parte reexamination pro-ceeding,’’ before ‘‘is dissatisfied’’. 
(e) T
ECHNICAL AND CONFORMING AMENDMENTS .—The Trade-
mark Act of 1946 is amended— 
(1) in section 15 (15 U.S.C. 1065), by striking ‘‘paragraphs 
(3) and (5)’’ and inserting ‘‘paragraphs (3), (5), and (6)’’; and 
(2) in section 26 (15 U.S.C. 1094), by adding at the end 
the following: ‘‘Registrations on the supplemental register shall be subject to ex parte expungement and ex parte reexamination under sections 16A and 16B, respectively.’’. (f) D
EADLINE FOR PROCEDURES .—Not later than 1 year after 
the date of enactment of this Act, the Director shall issue regula-tions to carry out sections 16A and 16B of the Trademark Act of 1946, as added by subsections (a) and (c). Regulations. 15 USC 1066a note. Applicability. 
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(g) E FFECTIVE DATE.—The amendments made by this section 
shall take effect upon the expiration of the 1-year period beginning on the date of enactment of this Act, and shall apply to any mark registered before, on, or after that effective date. 
SEC. 226. REBUTTABLE PRESUMPTION OF IRREPARABLE HARM. 
(a) A MENDMENT .—Section 34(a) of the Trademark Act of 1946 
(15 U.S.C. 1116(a)) is amended by inserting after the first sentence the following: ‘‘A plaintiff seeking any such injunction shall be entitled to a rebuttable presumption of irreparable harm upon a finding of a violation identified in this subsection in the case of a motion for a permanent injunction or upon a finding of likeli-hood of success on the merits for a violation identified in this subsection in the case of a motion for a preliminary injunction or temporary restraining order.’’. 
(b) R
ULE OF CONSTRUCTION .—The amendment made by sub-
section (a) shall not be construed to mean that a plaintiff seeking an injunction was not entitled to a presumption of irreparable harm before the date of enactment of this Act. 
SEC. 227. REPORT ON DECLUTTERING INITIATIVES. 
(a) S TUDY .—The Comptroller General of the United States shall 
consult with the Director to conduct a study on the efforts of the Director during the period beginning 12 months after the date of enactment of this Act and ending 30 months after the date of enactment of this Act to address inaccurate and false claims of use in trademark applications and registrations. Inaccurate and false claims of use include any declaration of use by a trademark applicant or registrant that cannot be supported by use in commerce as defined in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) or the regulations relevant to the definition of specimens under section 1 of the Trademark Act of 1946 (15 U.S.C. 1051), as applicable. 
(b) C
ONTENTS OF STUDY .—In conducting the study under sub-
section (a), the Comptroller General shall assess the following: 
(1) With respect to sections 16A and 16B of the Trademark 
Act of 1946, as added by section 225— 
(A) the number of petitions filed under each such sec-
tion for which a decision not to institute was issued; 
(B) the number of petitions filed under each such sec-
tion for which a decision to institute was issued; 
(C) the number of in-process and completed proceedings 
instituted under each such section, including any pro-ceedings instituted by the Director’s own initiative; 
(D) the average time taken to resolve proceedings 
instituted under each such section, including the average time between— 
(i) the filing of a petition under each such section 
and an examiner’s final decision under section 16A(g) and 16B(g), or the last decision issued by the examiner if the registrant failed to respond to the latest-in- time decision by the examiner; and 
(ii) the institution of a proceeding under each such 
section, including any proceedings instituted by the Director’s own initiative, and an examiner’s final deci-sion under section 16A(g) and 16B(g), or the last deci-sion issued by the examiner if the registrant failed Assessment. Consultation. 
Time period. 15 USC 1116 
note. Time period. 
15 USC 1064 note. 
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to respond to the latest-in-time decision by the exam-
iner; (E) the number of appeals of decisions of examiners 
to the Trademark Trial and Appeal Board and to the courts for each such proceeding; and 
(F) an accounting of the final outcome of each such 
proceeding instituted by identifying the number of goods or services for which such proceedings were instituted, and the number of goods or services for each involved registration that were cancelled pursuant to such pro-ceedings. (2) With respect to section 1(f) of the Trademark Act of 
1946, as added by section 223— 
(A) the number of third-party submissions filed under 
such section for which the third-party asserts in the submission that the mark has not been used in commerce; and 
(B) of the applications identified in subparagraph (A), 
the number of applications in which the third-party submis-sion evidence is included in the application; and 
(C) of those applications identified in subparagraph 
(B), the number of applications— 
(i) refused registration based on an assertion by 
the examiner that the mark has not been used in commerce; and 
(ii) for which the examiner requested additional 
information from the applicant related to claims of use. 
(3) The effectiveness of— 
(A) the proceedings under sections 16A and 16B of 
the Trademark Act of 1946, as added by section 225, in addressing inaccurate and false claims of use in trademark registrations; and 
(B) any additional programs conducted by the Director 
designed to address inaccurate and false claims of use in trademark applications and registrations, including the post-registration use audit, as implemented as of the date of enactment of this Act under sections 2.161(h) and 7.37(h) of title 37, Code of Federal Regulations. 
(c) R
EPORT TO CONGRESS .—Not later than 3 years after the 
date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report— 
(1) on the results of the study conducted under this section; 
and 
(2) that includes any recommendations, based on the results 
of the study, for any changes to laws or regulations that will improve the integrity of the trademark register or reduce inac-curate or false claims of use. 
SEC. 228. AMENDMENTS TO CONFIRM AUTHORITY OF THE DIRECTOR. 
(a) A MENDMENTS .— 
(1) Section 18 of the Trademark Act of 1946 (15 U.S.C. 
1068) is amended by inserting after ‘‘established in the pro-ceedings’’ the following: ‘‘. The authority of the Director under this section includes the authority to reconsider, and modify Recommenda- tions. 
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or set aside, a decision of the Trademark Trial and Appeal 
Board’’. 
(2) Section 20 of the Trademark Act of 1946 (15 U.S.C. 
1070) is amended by adding at the end the following: ‘‘The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.’’. 
(3) Section 24 of the Trademark Act of 1946 (15 U.S.C. 
1092) is amended by inserting after ‘‘shall be canceled by the Director’’ the following: ‘‘, unless the Director reconsiders the decision of the Board, and modifies or sets aside, such decision’’. (b) R
ULES OF CONSTRUCTION .— 
(1) A UTHORITY BEFORE DATE OF ENACTMENT .—The amend-
ments made by subsection (a) shall not be construed to mean that the Director lacked the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board before the date of enactment of this Act. 
(2) A
UTHORITY WITH RESPECT TO PARTICULAR DECISIONS .— 
The amendments made by subsection (a) shall not be construed to require the Director to reconsider, modify, or set aside any particular decision of the Trademark Trial and Appeal Board. 
DIVISION R—PROTECTING OUR INFRA-
STRUCTURE OF PIPELINES AND EN-HANCING SAFETY ACT OF 2020 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) S HORT TITLE.—This division may be cited as the ‘‘Protecting 
our Infrastructure of Pipelines and Enhancing Safety Act of 2020’’ or the ‘‘PIPES Act of 2020’’. 
(b) T
ABLE OF CONTENTS .—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE 
Sec. 101. Authorization of appropriations. 
Sec. 102. Pipeline workforce development. Sec. 103. Cost recovery and fees for facility reviews. Sec. 104. Advancement of new pipeline safety technologies and approaches. Sec. 105. Pipeline safety testing enhancement study. Sec. 106. Regulatory updates. Sec. 107. Self-disclosure of violations. 
Sec. 108. Due process protections in enforcement proceedings. Sec. 109. Pipeline operating status. Sec. 110. Updates to standards for liquefied natural gas facilities. Sec. 111. National Center of Excellence for Liquefied Natural Gas Safety. Sec. 112. Prioritization of rulemaking. Sec. 113. Leak detection and repair. Sec. 114. Inspection and maintenance plans. Sec. 115. Consideration of pipeline class location changes. Sec. 116. Protection of employees providing pipeline safety information. Sec. 117. Interstate drug and alcohol oversight. Sec. 118. Purpose and general authority. Sec. 119. National Academy of Sciences study on automatic and remote-controlled 
shut-off valves on existing pipelines. 
Sec. 120. Unusually sensitive areas. Sec. 121. Safety-related condition reports. Sec. 122. Risk analysis and integrity management programs. Sec. 123. Rule of construction. 49 USC 60101 
note. Protecting our 
Infrastructure of Pipelines and Enhancing Safety Act of 2020. 15 USC 1068 
note. 
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