Title: TM Act of 2020
Policy area: Commerce

Summary:
Trademark Modernization Act of 2020 or the TM Act of 2020
This bill makes several changes to trademark law, such as by providing new mechanisms for opposing and canceling trademark registrations at the Patent and Trademark Office (PTO) and by making it easier to secure an injunction.
The bill authorizes a third party to submit evidence to the PTO to oppose an application for a federal trademark registration.
The bill establishes a procedure for any party to petition the PTO to expunge a registration for a trademark that has not been used in commerce. The bill also establishes a procedure for any party to petition the PTO to reexamine any trademark registration on such nonuse grounds.
The PTO may also initiate such an expungement or reexamination proceeding.
If a plaintiff has prevailed in court in asserting certain trademark rights, that plaintiff shall be entitled to a presumption that the plaintiff will suffer irreparable harm for purposes of determining whether the plaintiff is entitled to a permanent injunction. If a trademark plaintiff is seeking a preliminary injunction, that plaintiff is entitled to this presumption upon a court finding that the plaintiff is likely to succeed on the merits of the case. Under current law, a plaintiff must establish irreparable harm to secure an injunction.
The Government Accountability Office shall report to Congress on PTO efforts to address false and inaccurate claims in trademark registrations and applications.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3449 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3449

     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 SENATE OF THE UNITED STATES

                             March 11, 2020

 Mr. Tillis (for himself and Mr. Coons) introduced the following bill; 
  which was read twice and 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 proceedings 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 Representatives of the 
United States of America in Congress assembled,

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 protection of trademarks used in commerce, to 
        carry out the provisions of certain international conventions, 
        and for other purposes'', approved July 5, 1946 (commonly known 
        as the ``Trademark Act of 1946'' or the ``Lanham Act''; 15 
        U.S.C. 1051 et seq.).

SEC. 3. PROVIDING FOR THIRD-PARTY SUBMISSION OF EVIDENCE DURING 
              EXAMINATION.

    (a) Amendment.--Section 1 of the Trademark Act of 1946 (15 U.S.C. 
1051) is amended by adding 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 include a concise description of each piece of evidence 
submitted in support of each identified ground for refusal. Within 2 
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 procedures 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 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 shall not prejudice any party's right to raise any 
issue and rely on any evidence in any other proceeding.''.
    (b) Deadline 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 Trademark Act of 1946, as 
added by subsection (a).
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 1 year after the date of 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 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 application 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 application, 
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 must allow the applicant to 
obtain extensions of time to reply or amend aggregating 6 months from 
the date of notification under paragraph (1) when the applicant so 
requests. However, the Director may set by regulation 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 paragraph 
(1).''.

SEC. 5. EXPUNGEMENT; EX PARTE REEXAMINATION.

    (a) Ex Parte Expungement.--The Trademark Act of 1946 is amended by 
inserting after section 16 (15 U.S.C. 1066) 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 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, together 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 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 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) Initial Determination; Institution.--
            ``(1) Prima facie case, institution, and notification.--The 
        Director shall determine whether the petition sets forth a 
        prima facie case of the mark having never been used in commerce 
        on or in connection with each good or service identified in the 
        petition, institute the ex parte expungement proceeding for 
        each good or service for which the Director determines that the 
        prima facie case has been set forth, and notify the registrant 
        and petitioner of the determination of whether to institute the 
        proceeding. If the Director determines that an expungement 
        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 registrant as 
        part of the institution notice.
            ``(2) Reasonable 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 constitute a sufficient 
        showing of a mark having never been used in commerce under 
        subsection (b)(4), but the Director shall retain discretion to 
        determine whether a prima facie case is set out in a particular 
        case.
            ``(3) Determination 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 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 
include setting response and extension times particular to this 
proceeding, which, notwithstanding section 12(b)(3) need not be 
extendable to 6 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 
proceeding under this section to other proceedings concerning the mark.
    ``(e) Registrant's Evidence of Use.--A registrant's documentary 
evidence of use must be consistent with when `a mark shall be deemed to 
be in use in commerce' 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 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 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 demonstrated.
    ``(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 registration, 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 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) Ex Parte Expungement by the Director.--
            ``(1) In general.--The Director may, on the Director's own 
        initiative, institute an ex parte expungement proceeding if the 
        Director discovers information 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 
        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 
        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, at any time following the expiration of 3 
years after the date of registration.
    ``(j) Limitation on Later Ex Parte Expungement Proceedings.--
            ``(1) No co-pending proceedings.--With respect to a 
        particular registration, while an ex parte expungement 
        proceeding is pending, no later ex parte expungement proceeding 
        can be instituted with respect to the same goods or services 
        that are the subject of a pending ex parte expungement 
        proceeding.
            ``(2) Estoppel.--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) Use in Commerce Requirement Not Altered.--Nothing in this 
section shall affect the requirement for use in commerce of a mark 
registered under section 1(a) or section 23.''.
    (b) New 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 adding at the end the 
        following: ``Nothing in paragraph (6) shall be construed to 
        limit the timing 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 registrant 
        demonstrates that any nonuse is due to special circumstances 
        that excuse such nonuse.''.
    (c) Ex Parte Reexamination.--The Trademark Act of 1946, as amended 
by subsection (a), is further amended by inserting after section 16A 
the following new section:

``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 connection 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 approved 
                extensions thereof.
    ``(c) Requirements for the Petition.--The petition, 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;
            ``(3) include a verified statement that sets forth the 
        elements of the reasonable investigation the petitioner 
        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 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) Initial Determination; Institution.--
            ``(1) Prima facie case, institution, and notification.--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 connection with each good or service identified in the 
        petition on or before the relevant date, institute the 
        reexamination 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 institute the proceeding. If 
        the Director determines 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 registrant as 
        part of the institution notice.
            ``(2) Reasonable 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 constitute a sufficient 
        showing that the mark was not in use in commerce 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 
        case.
            ``(3) Determination by director.--Any determination by the 
        Director whether or not to institute a reexamination 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 
        any evidence in any other proceeding.
    ``(e) Reexamination Procedures.--The procedures for reexamination 
shall be the same as those established under section 12(b) except that 
the Director shall promulgate regulations establishing and governing a 
proceeding under this section, which may include setting response and 
extension times particular to this proceeding, which, notwithstanding 
section 12(b)(3) need not be extendable to 6 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 registrant's documentary 
evidence of use must be consistent with when `a mark shall be deemed to 
be in use in commerce' 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.--
            ``(1) In general.--The Director may, on the Director's own 
        initiative, institute an ex parte reexamination proceeding if 
        the Director discovers information 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 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.
            ``(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 proceeding, at any time not later than 5 years 
after the date of registration of a mark registered based on use in 
commerce.
    ``(j) Limitation on Later Ex Parte Reexamination Proceedings.--
            ``(1) No co-pending proceedings.--With respect 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 proceeding.
            ``(2) Estoppel.--With respect to a particular registration, 
        for any goods or services previously subject to an instituted 
        ex parte reexamination proceeding for which, in that 
        proceeding, 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) Supplemental 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 of the Act.''.
    (d) Appeal.--
            (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 
        proceeding or ex parte reexamination proceeding,'' after 
        ``registration of marks''.
            (2) Appeal to courts.--
                    (A) Expungement or ex parte reexamination.--Section 
                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 
                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 ``, other than a registrant subject to an 
                expungement proceeding or ex parte reexamination'' 
                after ``authorized by subsection (a) of this section''.
    (e) Technical and Conforming Amendments.--The Trademark Act of 1946 
is amended--
            (1) in section 15 (15 U.S.C. 1065), in the matter preceding 
        paragraph (1), 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 are 
        subject to ex parte expungement and ex parte reexamination 
        under sections 16A and 16B, respectively.''.
    (f) Deadline for Procedures.--Not later than 1 year after the date 
of 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 
subsections (a) and (b), respectively.
    (g) Effective 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. 6. REBUTTABLE PRESUMPTION OF IRREPARABLE HARM.

    (a) Amendment.--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 new sentence: ``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 violation 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 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. 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 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 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 Trademark 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;
                    (B) of those applications identified in 
                subparagraph (A) above, the number of applications in 
                which the third-party submission evidence is included 
                in the application; and
                    (C) of those applications identified in 
                subparagraph (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 registrations; and
                    (B) any additional programs conducted by the 
                Director designed to address inaccurate and false 
                claims use claims in trademark applications and 
                registrations, including the post-registration 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 Federal Regulations.
    (c) Report 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 House of 
Representatives 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 inaccurate and false claims of use 
        based on the results of such study.
                                 <all>