I 
116TH CONGRESS 
2D SESSION 
H. R. 6196 
To amend the Trademark Act of 1946 to provide for third-party submission 
of evidence relating to a trademark application, to establish expungement 
and ex parte proceedings relating to the validity of marks, to provide 
for a rebuttal presumption of irreparable harm in certain proceedings, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2020 
Mr. JOHNSON of Georgia (for himself, Mr. COLLINS of Georgia, Mr. NADLER, 
and Mrs. ROBY) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Trademark Act of 1946 to provide for third- 
party submission of evidence relating to a trademark 
application, to establish expungement and ex parte pro-
ceedings relating to the validity of marks, to provide 
for a rebuttal presumption of irreparable harm in certain 
proceedings, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Trademark Modernization Act of 2020’’ or the ‘‘TM Act 
of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Providing for third-party submission of evidence during examination. 
Sec. 4. Providing for flexible response periods. 
Sec. 5. Expungement; Ex parte reexamination. 
Sec. 6. Rebuttable presumption of irreparable harm. 
Sec. 7. Report on decluttering initiatives. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent 
and Trademark Office. 
(2) TRADEMARK
ACT
OF
1946.—The term 
‘‘Trademark Act of 1946’’ means the Act entitled 
‘‘An Act to provide for the registration and protec-
tion of trademarks used in commerce, to carry out 
the provisions of certain international conventions, 
and for other purposes’’, approved July 5, 1946, as 
amended (15 U.S.C. 1051, et. seq) (commonly re-
ferred to as the ‘‘Trademark Act of 1946’’ or the 
‘‘Lanham Act’’). 
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SEC. 3. PROVIDING FOR THIRD-PARTY SUBMISSION OF EVI-
DENCE DURING EXAMINATION. 
(a) AMENDMENT.—Section 1 of the Trademark Act 
of 1946 (15 U.S.C. 1051) is amended by inserting at the 
end the following new subsection: 
‘‘(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 in-
clude a concise description of each piece of evidence sub-
mitted in support of each identified ground for refusal. 
Within two months after the date on which the submission 
is filed, the Director shall determine whether the evidence 
should be included in the record of the application. The 
Director shall establish by regulation appropriate proce-
dures for the consideration of evidence submitted by a 
third party under this subsection and may prescribe a fee 
to accompany the submission. 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 in-
cluded. Any determination by the Director whether or not 
to include evidence in the record of an application 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.’’. 
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(b) DEADLINE FOR PROCEDURES.—Not later than 
one year after the date of the enactment of this Act, the 
Director shall establish the appropriate procedures de-
scribed in section 1(f) of the Trademark Act of 1946, as 
added by subsection (a). 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect one year after the date of 
the enactment of this Act. 
SEC. 4. 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 reg-
istration, 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 application is aban-
doned as described in paragraph (2). 
‘‘(2) After notification under paragraph (1), the ap-
plicant shall have a period of six months in which to reply 
or amend the application, or such shorter time that is not 
less than sixty days, as prescribed by the Director by regu-
lation. 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 
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have been abandoned, unless it can be shown to the satis-
faction 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 pre-
scribe a fee to accompany any request to revive. 
‘‘(3) The Director shall provide, by regulation, for ex-
tensions of time to respond to the examiner for any time 
period under paragraph (2) that is less than six months. 
The Director must allow the applicant to obtain extensions 
of time to reply or amend aggregating six months from 
the date of notification under paragraph (1) when the ap-
plicant so requests. However, the Director may set by reg-
ulation the time for individual periods of extension, and 
prescribe a fee, by regulation, for any extension request. 
Any request for extension must be filed on or before the 
date on which a reply or amendment is due under para-
graph (1).’’. 
SEC. 5. EXPUNGEMENT; EX PARTE REEXAMINATION. 
(a) EX PARTE EXPUNGEMENT.—The Trademark Act 
of 1946 (15 U.S.C. 1066) is amended by inserting after 
section 16, the following new section: 
‘‘SEC. 16A. EX PARTE EXPUNGEMENT. 
‘‘(a) PETITION.—Notwithstanding sections 7(b) and 
22, and subsections (a) and (b) of section 33, any person 
may file a petition to expunge a registration on the basis 
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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) CONTENTS
OF PETITION.—The petition, to-
gether with any supporting documents, shall— 
‘‘(1) identify each registration at issue; 
‘‘(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 
the elements of the reasonable investigation the peti-
tioner 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 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 serv-
ices; 
‘‘(4) include any supporting evidence on which 
the petitioner relies; and 
‘‘(5) be accompanied by the fee prescribed by 
the Director. 
‘‘(c) INITIAL DETERMINATION; INSTITUTION.— 
‘‘(1) PRIMA FACIE CASE, INSTITUTION, AND NO-
TIFICATION.—The Director shall determine whether 
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the petition sets forth a prima facie case of the mark 
having never been used in commerce on or in con-
nection with each good or service identified in the 
petition, institute the ex parte expungement pro-
ceeding for each good or service for which the Direc-
tor determines that the prima facie case has been 
set forth, and notify the registrant and petitioner of 
the determination of whether to institute the pro-
ceeding. If the Director determines that an expunge-
ment proceeding should be instituted based on a pe-
tition, the Director shall transmit or make available 
that petition and any supporting evidence from the 
petitioner to the registrant as part of the institution 
notice. 
‘‘(2) 
REASONABLE
INVESTIGATION
GUID-
ANCE.—The Director shall promulgate regulations 
regarding what constitutes a reasonable investigation 
under subsection (b)(3) and the general types of evi-
dence that could constitute a sufficient showing of a 
mark having never been used in commerce under 
subsection (b)(4), but the Director shall retain dis-
cretion to determine whether a prima facie case is 
set out in a particular case. 
‘‘(3) DETERMINATION BY DIRECTOR.—Any de-
termination by the Director whether or not to insti-
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tute a proceeding under this section shall be final 
and non-reviewable, and shall not prejudice any par-
ty’s right to raise any issue and rely on any evidence 
in any other proceeding. 
‘‘(d) EX PARTE EXPUNGEMENT PROCEDURES.—The 
procedures for ex parte expungement shall be the same 
as those for examination under section 12(b), except that 
the Director shall promulgate regulations establishing and 
governing a proceeding under this section, which may in-
clude setting response and extension times particular to 
this proceeding, which, notwithstanding section 12(b)(3) 
need not be extendable to six months, setting limits gov-
erning the timing and number of petitions filed for a par-
ticular registration or by a particular petitioner or real 
parties in interest, and defining the relation of a pro-
ceeding under this section to other proceedings concerning 
the mark. 
‘‘(e) REGISTRANT’S EVIDENCE
OF USE.—A reg-
istrant’s documentary evidence of use must be consistent 
with when ‘a mark shall be deemed to be in use in com-
merce’ as defined in section 45, but shall not be limited 
in form to that of specimens as provided in section 1(a). 
‘‘(f) EXCUSABLE NONUSE.—During an expungement 
proceeding, for a mark registered under section 44(e) or 
an extension of protection under section 66, the registrant 
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may offer evidence showing that any nonuse is due to spe-
cial circumstances that excuse such nonuse. In such a 
case, the examiner shall determine whether the facts dem-
onstrate excusable nonuse and shall not find that the reg-
istration should be cancelled under subsection (g) for any 
good or service for which excusable nonuse is dem-
onstrated. 
‘‘(g) EXAMINER’S DECISION; ORDER TO CANCEL.— 
For each good or service for which it is determined that 
a mark was never in use 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 may not be found to never 
have been in use 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 reg-
istration, but before the petition to expunge is filed or the 
Director, on his own initiative, institutes an expungement 
proceeding in accordance with subsection (h). Unless over-
turned 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. 
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‘‘(h) EX PARTE EXPUNGEMENT
BY
THE DIREC-
TOR.— 
‘‘(1) IN GENERAL.—The Director may, on the 
Director’s own initiative, institute an ex parte 
expungement proceeding if the Director discovers in-
formation that sets forth a prima facie case of a 
mark having never been used in commerce on or in 
connection with any good or service covered by the 
registration. The Director shall promptly notify the 
registrant of such determination, at which time the 
expungement proceeding shall proceed according to 
the same procedures for expungement established 
pursuant to subsection (d). If the Director deter-
mines, based on the Director’s own initiative, to in-
stitute an expungement proceeding, the Director 
shall transmit or make available the information 
that formed the basis for that determination as part 
of the institution notice sent to the registrant. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to limit any other 
authority of the Director. 
‘‘(i) TIME FOR INSTITUTION.—A petition for ex parte 
expungement may be filed, or the Director may institute 
on his own initiative an ex parte expungement proceeding, 
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(b) NEW GROUNDS FOR CANCELLATION.—Section 14 
of the Trademark Act of 1946 (15 U.S.C. 1064) is amend-
ed— 
(1) by striking the colon at the end of para-
graph (5) and inserting a period; 
(2) by adding after paragraph (5) the following: 
‘‘(6) At any time after the three-year period fol-
lowing the date of registration, if the registered 
mark has never been used in commerce on or in con-
nection with some or all of the goods or services re-
cited in the registration:’’; and 
(3) in the flush left text, by inserting ‘‘Nothing 
in paragraph (6) shall be construed to limit the tim-
ing applicable to any other ground for cancellation. 
A registration under sections 44(e) or 66 shall not 
be cancelled pursuant to paragraph (6) if the reg-
istrant demonstrates that any nonuse is due to spe-
cial circumstances that excuse such nonuse.’’ after 
‘‘identical certification mark is applied.’’. 
(c) EX PARTE REEXAMINATION.—The Trademark 
Act of 1946 (15 U.S.C. 1066), as amended by subsection 
(a), is further amended by inserting after section 16A, the 
following new section: 
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‘‘SEC. 16B. EX PARTE REEXAMINATION. 
‘‘(a) PETITION FOR REEXAMINATION.—Any person 
may file a petition to reexamine a registration on the basis 
that the mark was not in use in commerce on or in connec-
tion with some or all of the goods or services recited in 
the registration on or before the relevant date. 
‘‘(b) RELEVANT 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 pursuant 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 ap-
proved extensions thereof. 
‘‘(c) REQUIREMENTS FOR THE PETITION.—The peti-
tion, together with any supporting documents, shall— 
‘‘(1) identify each registration at issue; 
‘‘(2) identify each good and service recited in 
the registration for which it is alleged that the mark 
was not used in commerce on or in connection with 
on or before the relevant date; 
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‘‘(3) include a verified statement that sets forth 
the elements of the reasonable investigation the peti-
tioner conducted to determine that the mark was not 
used in commerce on or in connection with the goods 
and services identified in the petition on or before 
the relevant date, and any additional facts that sup-
port 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) INITIAL DETERMINATION; INSTITUTION.— 
‘‘(1) PRIMA FACIE CASE, INSTITUTION, AND NO-
TIFICATION.—The Director shall determine whether 
the petition sets forth a prima facie case of the mark 
having not been used in commerce on or in connec-
tion with each good or service identified in the peti-
tion on or before the relevant date, institute the re-
examination proceeding for each good or service for 
which the Director determines the prima facie case 
has been set forth, and notify the registrant and the 
petitioner of the determination whether or not to in-
stitute the proceeding. If the Director determines 
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that an ex parte reexamination proceeding should be 
instituted based on a petition, the Director shall 
transmit or make available that petition and any 
supporting evidence from the petitioner to the reg-
istrant as part of the institution notice. 
‘‘(2) 
REASONABLE
INVESTIGATION
GUID-
ANCE.—The Director shall promulgate regulations 
regarding what constitutes a reasonable investigation 
under subsection (c)(3) and the general types of evi-
dence that could constitute a sufficient showing that 
the mark was not in use in commerce on or before 
the relevant date, but the Director shall retain dis-
cretion to determine whether a prima facie case is 
set out in a particular case. 
‘‘(3) DETERMINATION BY DIRECTOR.—Any de-
termination by the Director whether or not to insti-
tute a reexamination proceeding under this section 
shall be final and non-reviewable, and shall not prej-
udice any party’s right to raise any issue and rely 
on any evidence in any other proceeding. 
‘‘(e) REEXAMINATION
PROCEDURES.—The proce-
dures for reexamination shall be the same as those estab-
lished under section 12(b) except that the Director shall 
promulgate regulations establishing and governing a pro-
ceeding under this section, which may include setting re-
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sponse and extension times particular to this proceeding, 
which, notwithstanding section 12(b)(3) need not be ex-
tendable to six months, setting limits governing the timing 
and number of petitions filed for a particular registration 
or by a particular petitioner or real parties in interest, 
and defining the relation of a reexamination proceeding 
under this section to other proceedings concerning the 
mark. 
‘‘(f) REGISTRANT’S EVIDENCE
OF USE.—A reg-
istrant’s documentary evidence of use must be consistent 
with when ‘a mark shall be deemed to be in use in com-
merce’ as defined in section 45, but shall not be limited 
in form to that of specimens as provided in section 1(a). 
‘‘(g) EXAMINER’S DECISION; 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) REEXAMINATION BY DIRECTOR.— 
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‘‘(1) IN GENERAL.—The Director may, on the 
Director’s own initiative, institute an ex parte reex-
amination proceeding if the Director discovers infor-
mation that sets forth 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 reg-
istrant of such determination, at which time reexam-
ination shall proceed according to the same proce-
dures established pursuant to subsection (e). If the 
Director determines, based on the Director’s own 
initiative, to institute an ex parte reexamination pro-
ceeding, the Director shall transmit or make avail-
able the information that formed the basis for that 
determination as part of the institution notice. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to limit any other 
authority of the Director. 
‘‘(i) TIME FOR INSTITUTION.—A petition for ex parte 
reexamination may be filed, or the Director may institute 
on his own initiative an ex parte reexamination pro-
ceeding, at any time not later than five years after the 
date of registration of a mark registered based on use in 
commerce. 
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‘‘(j) LIMITATION ON LATER EX PARTE REEXAMINA-
TION PROCEEDINGS.— 
‘‘(1) NO CO-PENDING PROCEEDINGS.—With re-
spect to a particular registration, while an ex parte 
reexamination proceeding is pending, no later ex 
parte reexamination proceeding can be instituted 
with respect to the same goods or services that are 
the subject of a pending ex parte reexamination pro-
ceeding. 
‘‘(2) ESTOPPEL.—With respect to a particular 
registration, for any goods or services previously 
subject to an instituted ex parte reexamination pro-
ceeding for which, in that proceeding, it was deter-
mined 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) SUPPLEMENTAL REGISTER.—The provisions of 
subsection (b) apply, as appropriate, to registrations 
under section 23. Nothing in this section shall be con-
strued to limit the timing of a cancellation action under 
section 24 of the Act.’’. 
(d) APPEAL.— 
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(1) APPEAL TO TRADEMARK TRIAL AND APPEAL 
BOARD.—Section 20 of the Trademark Act of 1946 
(15 U.S.C. 1070) is amended by inserting ‘‘or from 
any order to cancel a registration, in whole or in 
part, arising from an ex parte expungement pro-
ceeding or ex parte reexamination proceeding’’ after 
‘‘registration of marks’’. 
(2) APPEAL TO COURTS.— 
(A) EXPUNGEMENT OR EX PARTE REEX-
AMINATION.—Section 21(a)(1) of the Trade-
mark Act of 1946 (15 U.S.C. 1071(a)(1)) is 
amended by striking ‘‘or an applicant for re-
newal’’ and inserting the following: ‘‘an appli-
cant for renewal, or a registrant subject to an 
order to cancel arising from an expungement or 
ex parte reexamination proceeding’’. 
(B) EXCEPTION.—Section 21(b)(1) of the 
Trademark Act of 1946 (15 U.S.C. 1071(b)(1)) 
is amended by inserting after ‘‘authorized by 
subsection (a) of this section’’ the following: ‘‘, 
other 
than 
a 
registrant 
subject 
to 
an 
expungement proceeding or ex parte reexamina-
tion’’. 
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(e) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Trademark Act of 1946 (15 U.S.C. 1051 et seq.) is 
amended— 
(1) in section 15 by striking ‘‘paragraphs (3) 
and (5)’’ and inserting ‘‘paragraphs (3), (5) and 
(6)’’; and 
(2) in section 26 by adding at the end the fol-
lowing: ‘‘Registrations on the supplemental register 
are subject to ex parte expungement and ex parte 
reexamination under sections 16A and 16B, respec-
tively.’’. 
(f) DEADLINE FOR PROCEDURES.—Not later than 
one year after the date of the enactment of this Act, the 
Director shall issue regulations to carry out sections 16A 
and 16B of the Trademark Act of 1946, as added by sub-
sections (a) and (b). 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect upon the expiration of the 
one 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. 6. REBUTTABLE PRESUMPTION OF IRREPARABLE 
HARM. 
(a) AMENDMENT.—Section 34 of the Trademark Act 
of 1946 (15 U.S.C. 1116) is amended in subsection (a) 
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by inserting after the first sentence the following new sen-
tence: ‘‘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 likelihood of success on the merits for a viola-
tion identified in this subsection in the case of a motion 
for a preliminary injunction or temporary restraining 
order.’’. 
(b) RULE
OF
CONSTRUCTION.—The amendment 
made by subsection (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 the 
enactment of this Act. 
SEC. 7. REPORT ON DECLUTTERING INITIATIVES. 
(a) STUDY.—The Comptroller General of the United 
States shall consult with the Director to conduct a study 
on the efforts of the Director to address inaccurate and 
false claims of use in trademark applications and registra-
tions. Inaccurate and false claims of use include any dec-
laration of use by a trademark applicant or registrant that 
cannot be supported by use in commerce as defined in sec-
tion 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. 
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1051), as applicable. The study shall cover the period from 
18 months after the date of enactment of this Act to 30 
months after the date of enactment of this Act. 
(b) CONTENTS OF STUDY.—In conducting the study 
under subsection (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 5— 
(A) the number of petitions filed under 
each such section that relate to proceedings 
that were not instituted, or were instituted and 
have reached their conclusion; 
(B) the number of completed proceedings 
instituted under each such section, including 
any proceedings instituted by the Director’s 
own initiative; 
(C) the average time taken to resolve pro-
ceedings instituted under each such section, in-
cluding the average time between— 
(i) the filing of a petition under each 
such section and an examiner’s final deci-
sion under section 16A(g) and 16B(g), or 
the last decision issued by the examiner if 
the registrant failed to respond to the lat-
est-in-time decision by the examiner; and 
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(ii) the institution of a proceeding 
under each such section, including any pro-
ceedings instituted by the Director’s own 
initiative, and an examiner’s final decision 
under section 16A(g) and 16B(g), or the 
last decision issued by the examiner if the 
registrant fails to respond to the latest-in- 
time decision by the examiner; 
(D) the number of appeals of decisions of 
examiners for each such proceeding; and 
(E) 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 which registrations were 
cancelled pursuant to such proceedings. 
(2) With respect to section 1(f) of the Trade-
mark Act of 1946, as added by section 3— 
(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 those applications identified in para-
graph (A) above, the number of applications in 
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which the third-party submission evidence is in-
cluded in the application; and 
(C) of those applications identified in para-
graph (B) above, 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 benefit of— 
(A) the proceedings under sections 16A 
and 16B of the Trademark Act of 1946, as 
added by section 5, in addressing inaccurate 
and false claims use claims in trademark reg-
istrations; and 
(B) any additional programs conducted by 
the Director designed to address inaccurate and 
false claims use claims in trademark applica-
tions and registrations, including the post-reg-
istration use audit, as implemented at the date 
of enactment of this Act under sections 
2.161(h) and 7.37(h) of title 37, Code of Fed-
eral Regulations. 
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(c) REPORT TO CONGRESS.—Not later than three 
years after the date of enactment of this Act, the Comp-
troller General of the United States shall submit to the 
Committee on the Judiciary of the House of Representa-
tives and the Committee on the Judiciary of the Senate 
a report— 
(1) on the results of the study conducted under 
this section; and 
(2) that includes any recommendations for any 
changes to laws and regulations that will improve 
the integrity of the trademark register to reduce in-
accurate and false claims of use based on the results 
of such study. 
Æ 
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