,,ib ,union ,calendar ,no4 #ecj #aafth ,,congress #b;d ,session ,h4 ,r4 #faif ,report ,no4 #aaf-fde ,,in ,,the ,,house ,,of ,,representatives ,march #aa1 #bjbj,mr4 ,johnson of ,georgia 7for himself1 ,mr4 ,collins of ,georgia1 ,mr4 ,nadler1 and ,mrs4 ,roby7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,december #ad1 #bjbj;,additional sponsors3 ,mr4 ,cicilline1 ,mr4 ,reschenthaler1 ,mr4 ,cline1 ,mr4 ,deutch1 ,mr4 ,stanton1 and ,mr4 ,jacobs ,december #ad1 #bjbj,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,march #aa1 #bjbj ,a ,,bill ,to amend the ,trademark ,act of #aidf to provide for third-party submission of evidence relating to a trademark application1 to establish expungement and ex parte proceedings relating to the validity of marks1 to provide for a rebuttal presumption of irreparable harm in certain proceedings1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,trademark ,modernization ,act of #bjbj or the ,,tm ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,providing for third-party submission of evidence during examination4,sec4 #d4 ,providing for flexible response periods4,sec4 #e4 ,ex parte expungement2 ,ex parte reexamination2 new grounds for cancellation4,sec4 #f4 ,rebuttable presumption of irreparable harm4,sec4 #g4 ,report on decluttering initiatives4,sec4 #h4 ,amendments to confirm authority of the ,director4 #b4 ,definitions ,in this ,act3 7#a7 ,director ,the term ,director means the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office4 7#b7 ,trademark ,act of #aidf ,the term ,trademark ,act of #aidf means the ,act entitled ,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf1 as amended 7#ae ,u4,s4,c4 #ajea1 et4 seq7 7commonly referred to as the ,trademark ,act of #aidf or the ,lanham ,act74 #c4 ,providing for third-party submission of evidence during examination 7a7 ,amendment ,section #a of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajea7 is amended by inserting at the end the following new subsection3 7f7 ,a third party may submit for consideration for inclusion in the record of an application evidence relevant to a ground for refusal of registration4 ,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 refusal4 ,within two months after the date on which the submission is filed1 the ,director shall determine whether the evidence should be included in the record of the application4 ,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 submission4 ,if the ,director determines that the third-party evidence should be included in the record of the application1 only the evidence and the ground for refusal to which the evidence relates may be so included4 ,any determination by the ,director whether or not to include evidence in the record of an application shall be final and non-reviewable1 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 proceeding4 4 7b7 ,deadline for procedures ,not later than one year after the date of the enactment of this ,act1 the ,director shall establish the appropriate procedures described in section #a7;f7 of the ,trademark ,act of #aidf1 as added by subsection 7a74 7c7 ,effective date ,the amendment made by subsection 7a7 shall take effect one year after the date of the enactment of this ,act4 #d4 ,providing for flexible response periods ,section #ab7;b7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajfb7;b77 is amended to read as follows3 7b7 7#a7 ,if the applicant is found not entitled to registration1 the examiner shall notify the applicant thereof and of the reasons therefor4 ,the applicant may reply or amend the application1 which shall then be reexamined4 ,this procedure may be repeated until the examiner finally refuses registration of the mark or the application is abandoned as described in paragraph 7#b74 7#b7 ,after notification under paragraph 7#a71 the applicant shall have a period of six months in which to reply or amend the application1 or such shorter time that is not less than sixty days1 as prescribed by the ,director by regulation4 ,if the applicant fails to reply or amend or appeal within the relevant time period1 including any extension under paragraph 7#c71 the application shall be deemed to have been abandoned1 unless it can be shown to the satisfaction of the ,director that the delay in responding was unintentional1 in which case the application may be revived and such time may be extended4 ,the ,director may prescribe a fee to accompany any request to revive4 7#c7 ,the ,director shall provide1 by regulation1 for extensions of time to respond to the examiner for any time period under paragraph 7#b7 that is less than six months4 ,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 7#a7 when the applicant so requests4 ,however1 the ,director may set by regulation the time for individual periods of extension1 and prescribe a fee1 by regulation1 for any extension request4 ,any request for extension must be filed on or before the date on which a reply or amendment is due under paragraph 7#a74 4 #e4 ,ex parte expungement2 ,ex parte reexamination2 new grounds for cancellation 7a7 ,ex parte expungement ,the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajff7 is amended by inserting after section #af1 the following new section3 #af;,a4 ,ex parte expungement 7a7 ,petition ,notwithstanding sections #g7;b7 and #bb1 and subsections 7a7 and 7b7 of section #cc1 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 registration4 7b7 ,contents of petition ,the petition1 together with any supporting documents1 shall-- 7#a7 identify the registration that is the subject of the petition2 7#b7 identify each good or service recited in the registration for which it is alleged that the mark has never been used in commerce2 7#c7 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 petition1 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 services2 7#d7 include any supporting evidence on which the petitioner relies2 and 7#e7 be accompanied by the fee prescribed by the ,director4 7c7 ,initial determination2 institution 7#a7 ,prima facie case determination1 institution1 and notification ,the ,director shall1 for each good or service identified under subsection 7b77#b71 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 such good or service1 institute an ex parte expungement proceeding for each good or service for which the ,director determines that a prima facie case has been set forth1 and provide a notice to the registrant and petitioner of the determination of whether or not the proceeding was instituted4 ,such notice should include a copy of the petition and any supporting documents and evidence that were included with the petition4 7#b7 ,reasonable investigation guidance ,the ,director shall promulgate regulations regarding what constitutes a reasonable investigation under subsection 7b77#c7 and the general types of evidence that could support a prima facie case that a mark has never been used in commerce1 but the ,director shall retain the discretion to determine whether a prima facie case is set out in a particular proceeding4 7#c7 ,determination by director ,any determination by the ,director whether or not to institute a proceeding under this section shall be final and non-reviewable1 and shall not prejudice any party's right to raise any issue and rely on any evidence in any other proceeding1 except as provided by subsection 7j74 7d7 ,ex parte expungement procedures ,the procedures for ex parte expungement shall be the same as those for examination under section #ab7;b71 except that the ,director shall promulgate regulations establishing and governing a proceeding under this section1 which may include regulations that set response and extension times particular to this type of proceeding1 which1 notwithstanding section #ab7;b77#c7 need not be extendable to six months1 set limits governing the timing and number of petitions filed for a particular registration or by a particular petitioner or real parties in interest1 and defining the relation of a proceeding under this section to other proceedings concerning the mark4 7e7 ,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 #de1 but shall not be limited in form to that of specimens as provided in section #a7;a74 7f7 ,excusable nonuse ,during an ex parte expungement proceeding1 for a mark registered under section #dd7;e7 or an extension of protection under section #ff1 the registrant may offer evidence showing that any nonuse is due to special circumstances that excuse such nonuse4 ,in such a case1 the examiner shall determine whether the facts and evidence demonstrate excusable nonuse and shall not find that the registration should be cancelled under subsection 7g7 for any good or service for which excusable nonuse is demonstrated4 7g7 ,examiner's decision2 order to cancel ,for each good or service for which it is determined that a mark has never been used in commerce1 and for which the provisions of subsection 7f7 do not apply1 the examiner shall find that the registration should be cancelled for each such good or service4 ,a mark may 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 made1 or after registration1 but before the petition to expunge was filed under subsection 7a71 or an ex parte expungement proceeding was instituted by the ,director under subsection 7h74 ,unless overturned on review of the examiner's decision1 the ,director shall issue an order cancelling the registration1 in whole or in part1 after the time for appeal has expired or any appeal proceeding has terminated4 7h7 ,ex parte expungement by the ,director 7#a7 ,in general ,the ,director may1 on the ,director's own initiative1 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 connection with any good or service covered by a registration4 ,the ,director shall promptly notify the registrant of such determination1 at which time the ex parte expungement proceeding shall proceed according to the same procedures for ex parte expungement established pursuant to subsection 7d74 ,if the ,director determines1 based on the ,director's own initiative1 to institute an expungement proceeding1 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 registrant4 7#b7 ,rule of construction ,nothing in this subsection may be construed to limit any other authority of the ,director4 7i7 ,time for institution 7#a7 ,when petition may be filed1 ex parte expungement proceeding instituted ,a petition for ex parte expungement of a registration under subsection 7a7 may be filed1 or the ,director may institute on the ,director's own initiative an ex parte expungement proceeding of a registration under subsection 7h71 at any time following the expiration of three years after the date of registration and before the expiration of ten years following the date of registration4 7#b7 ,exception ,notwithstanding paragraph 7#a71 for a period of three years after the date of enactment of this ,act1 a petition for expungement of a registration under subsection 7a7 may be filed1 or the ,director may institute on the ,director's own initiative an ex parte expungement proceeding of a registration under subsection 7h71 at any time following the expiration of three years after the date of registration4 7j7 ,limitation on later ex parte expungement proceedings 7#a7 ,no co-pending proceedings ,with respect to a particular registration1 while an ex parte expungement proceeding is pending1 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 proceeding4 7#b7 ,estoppel ,with respect to a particular registration1 for goods or services previously subject to an instituted expungement proceeding for which1 in that proceeding1 it was determined that the registrant had used the mark for particular goods or services1 as relevant1 and the registration was not cancelled as to those goods or services1 no further ex parte expungement proceedings may be initiated as to those goods or services1 regardless of the identity of the petitioner4 7k7 ,use in commerce requirement not altered ,nothing in this section shall affect the requirement for use in commerce of a mark registered under section #a7;a7 or section #bc4 4 7b7 ,new grounds for cancellation ,section #ad of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajfd7 is amended-- 7#a7 by striking the colon at the end of paragraph 7#e7 and inserting a period2 7#b7 by adding after paragraph 7#e7 the following3 7#f7 ,at any time after the three-year period following the date of registration1 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 registration3 2 and 7#c7 in the flush left text1 by inserting ,nothing in paragraph 7#f7 shall be construed to limit the timing applicable to any other ground for cancellation4 ,a registration under sections #dd7;e7 or #ff shall not be cancelled pursuant to paragraph 7#f7 if the registrant demonstrates that any nonuse is due to special circumstances that excuse such nonuse4 after identical certification mark is applied44 7c7 ,ex parte reexamination ,the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajff71 as amended by subsection 7a71 is further amended by inserting after section #af;,a1 the following new section3 #af;,b4 ,ex parte reexamination 7a7 ,petition 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 date4 7b7 ,relevant date ,in this section1 the term relevant date means1 with respect to an application for the registration of a mark with an initial filing basis of-- 7#a7 section #a7;a7 and not amended at any point to be filed pursuant to section #a7;b71 the date on which the application was initially filed2 or 7#b7 section #a7;b7 or amended at any point to be filed pursuant to section #a7;b71 the date on which-- 7,a7 an amendment to allege use under section #a7;c7 was filed2 or 7,b7 the period for filing a statement of use under section #a7;d7 expired1 including all approved extensions thereof4 7c7 ,requirements for the petition ,the petition1 together with any supporting documents1 shall-- 7#a7 identify the registration that is the subject of the petition2 7#b7 identify each good and service recited in the registration for which it is alleged that the mark was not in use in commerce on or in connection with on or before the relevant date2 7#c7 include a verified statement that sets forth 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 date1 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 services2 7#d7 include supporting evidence on which the petitioner relies2 and 7#e7 be accompanied by the fee prescribed by the ,director4 7d7 ,initial determination2 institution 7#a7 ,prima facie case determination1 institution1 and notification ,the ,director shall1 for each good or service identified under subsection 7c77#b71 determine whether the petition 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 service1 institute an ex parte reexamination proceeding for each good or service for which the ,director determines that the prima facie case has been set forth1 and provide a notice to the registrant and petitioner of the determination of whether or not the proceeding was instituted4 ,such notice should include a copy of the petition and any supporting documents and evidence that were included with the petition4 7#b7 ,reasonable investigation guidance ,the ,director shall promulgate regulations regarding what constitutes a reasonable investigation under subsection 7c77#c7 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 date1 but the ,director shall retain discretion to determine whether a prima facie case is set out in a particular proceeding4 7#c7 ,determination by ,director ,any determination by the ,director whether or not to institute a reexamination proceeding under this section shall be final and non-reviewable1 and shall not prejudice any party's right to raise any issue and rely on any evidence in any other proceeding1 except as provided by subsection 7j74 7e7 ,reexamination procedures ,the procedures for reexamination shall be the same as those established under section #ab7;b7 except that the ,director shall promulgate regulations establishing and governing a proceeding under this section1 which may include regulations that set response and extension times particular to this type of proceeding1 which1 notwithstanding section #ab7;b77#c7 need not be extendable to six months2 set limits governing the timing and number of petitions filed for a particular registration or by a particular petitioner or real parties in interest2 and define the relation of a reexamination proceeding under this section to other proceedings concerning the mark4 7f7 ,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 #de1 but shall not be limited in form to that of specimens as provided in section #a7;a74 7g7 ,examiner's decision2 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 date1 the examiner shall find that the registration should be cancelled for each such good or service4 ,unless overturned on review of the examiner's decision1 the ,director shall issue an order cancelling the registration1 in whole or in part1 after the time for appeal has expired or any appeal proceeding has terminated4 7h7 ,reexamination by ,director 7#a7 ,in general ,the ,director may1 on the ,director's own initiative1 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 date4 ,the ,director shall promptly notify the registrant of such determination1 at which time reexamination shall proceed according to the same procedures established pursuant to subsection 7e74 ,if the ,director determines1 based on the ,director's own initiative1 to institute an ex parte reexamination proceeding1 the ,director shall transmit or make available the information that formed the basis for that determination as part of the institution notice4 7#b7 ,rule of construction ,nothing in this subsection may be construed to limit any other authority of the ,director4 7i7 ,time for institution ,a petition for ex parte reexamination may be filed1 or the ,director may institute on the ,director's own initiative an ex parte reexamination proceeding1 at any time not later than five years after the date of registration of a mark registered based on use in commerce4 7j7 ,limitation on later ex parte reexamination proceedings 7#a7 ,no co-pending proceedings ,with respect to a particular registration1 while an ex parte reexamination proceeding is pending1 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 proceeding4 7#b7 ,estoppel ,with respect to a particular registration1 for any goods or services previously subject to an instituted ex parte reexamination proceeding for which1 in that proceeding1 it was determined that the registrant had used the mark for particular goods or services before the relevant date1 and the registration was not cancelled as to those goods or services1 no further ex parte reexamination proceedings may be initiated as to those goods or services1 regardless of the identity of the petitioner4 7k7 ,supplemental register ,the provisions of subsection 7b7 apply1 as appropriate1 to registrations under section #bc4 ,nothing in this section shall be construed to limit the timing of a cancellation action under section #bd of the ,act4 4 7d7 ,appeal 7#a7 ,appeal to trademark trial and appeal board ,section #bj of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajgj7 is amended by inserting or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding after registration of marks4 7#b7 ,appeal to courts 7,a7 ,expungement or ex parte reexamination ,section #ba7;a77#a7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajga7;a77#a77 is amended by striking or an applicant for renewal and inserting the following3 an applicant for renewal1 or a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding4 7,b7 ,exception ,section #ba7;b77#a7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajga7;b77#a77 is amended by inserting except for a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding before is dissatisfied4 7e7 ,technical and conforming amendments ,the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajea et seq47 is amended-- 7#a7 in section #ae1 by striking paragraphs 7#c7 and 7#e7 and inserting paragraphs 7#c71 7#e7 and 7#f72 and 7#b7 in section #bf1 by adding at the end the following3 ,registrations on the supplemental register are subject to ex parte expungement and ex parte reexamination under sections #af;,a and #af;,b1 respectively44 7f7 ,deadline for procedures ,not later than one year after the date of the enactment of this ,act1 the ,director shall issue regulations to carry out sections #af;,a and #af;,b of the ,trademark ,act of #aidf1 as added by subsections 7a7 and 7c74 7g7 ,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 ,act1 and shall apply to any mark registered before1 on1 or after that effective date4 #f4 ,rebuttable presumption of irreparable harm 7a7 ,amendment ,section #cd of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #aaaf7 is amended in subsection 7a7 by inserting after the first sentence the following new sentence3 ,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 order44 7b7 ,rule of construction ,the amendment made by subsection 7a7 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 ,act4 #g4 ,report on decluttering initiatives 7a7 ,study ,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 #ab months after the date of the enactment of this ,act and ending #cj months after the date of the enactment of this ,act to address inaccurate and false claims of use in trademark applications and registrations4 ,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 #de of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #aabg7 or the regulations relevant to the definition of specimens under section #a of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajea71 as applicable4 7b7 ,contents of study ,in conducting the study under subsection 7a71 the ,comptroller ,general shall assess the following3 7#a7 ,with respect to sections #af;,a and #af;,b of the ,trademark ,act of #aidf1 as added by section #e-- 7,a7 the number of petitions filed under each such section for which a decision not to institute was issued2 7,b7 the number of petitions filed under each such section for which a decision to institute was issued2 7,c7 the number of in-process and completed proceedings instituted under each such section1 including any proceedings instituted by the ,director's own initiative2 7,d7 the average time taken to resolve proceedings instituted under each such section1 including the average time between-- 7i7 the filing of a petition under each such section and an examiner's final decision under section #af;,a7g7 and #af;,b7g71 or the last decision issued by the examiner if the registrant failed to respond to the latest-in-time decision by the examiner2 and 7ii7 the institution of a proceeding under each such section1 including any proceedings instituted by the ,director's own initiative1 and an examiner's final decision under section #af;,a7g7 and #af;,b7g71 or the last decision issued by the examiner if the registrant fails to respond to the latest-in-time decision by the examiner2 7,e7 the number of appeals of decisions of examiners to the ,trademark ,trial and ,appeal ,board and to the courts for each such proceeding2 and 7,f7 an accounting of the final outcome of each such proceeding instituted by identifying the number of goods or services for which such proceedings were instituted1 and the number of goods or services for each involved registration that were cancelled pursuant to such proceedings4 7#b7 ,with respect to section #a7;f7 of the ,trademark ,act of #aidf1 as added by section #c-- 7,a7 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 commerce2 and 7,b7 of those applications identified in paragraph 7,a7 above1 the number of applications in which the third-party submission evidence is included in the application2 and 7,c7 of those applications identified in paragraph 7,b7 above1 the number of applications-- 7i7 refused registration based on an assertion by the examiner that the mark has not been used in commerce2 and 7ii7 for which the examiner requested additional information from the applicant related to claims of use4 7#c7 ,the effectiveness of-- 7,a7 the proceedings under sections #af;,a and #af;,b of the ,trademark ,act of #aidf1 as added by section #e1 in addressing inaccurate and false claims of use in trademark registrations2 and 7,b7 any additional programs conducted by the ,director designed to address inaccurate and false claims of use in trademark applications and registrations1 including the post-registration use audit1 as implemented at the date of enactment of this ,act under sections #b4afa7;h7 and #g4cg7;h7 of title #cg1 ,code of ,federal ,regulations4 7c7 ,report to ,congress ,not later than three years after the date of enactment of this ,act1 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-- 7#a7 on the results of the study conducted under this section2 and 7#b7 that includes any recommendations1 based on the results of the study1 for any changes to laws or regulations that will improve the integrity of the trademark register or reduce inaccurate or false claims of use4 #h4 ,amendments to confirm authority of the ,director 7a7 ,amendments 7#a7 ,section #ah of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajfh7 is amended by inserting after established in the proceedings the following3 4 ,the authority of the ,director under this section includes the authority to reconsider1 and modify or set aside1 a decision of the ,trademark ,trial and ,appeal ,board4 7#b7 ,section #bj of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajgj7 is amended by inserting at the end the following3 ,the ,director may reconsider1 and modify or set aside1 a decision of the ,trademark ,trial and ,appeal ,board under this section44 7#c7 ,section #bd of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajib7 is amended by inserting after shall be canceled by the ,director the following3 1 unless the ,director reconsiders the decision of the ,board1 and modifies or sets aside1 such decision4 7b7 ,rules of construction 7#a7 ,authority before date of enactment ,the amendments made by subsection 7a7 may not be construed to mean that the ,director lacked the authority to reconsider1 and modify or set aside1 a decision of the ,trademark ,trial and ,appeal ,board before the date of the enactment of this ,act4 7#b7 ,authority with respect to particular decisions ,the amendments made by subsection 7a7 may not be construed to require the ,director to reconsider1 modify1 or set aside any particular decision of the ,trademark ,trial and ,appeal ,board4 ,amend the title so as to read3 ,a bill to amend the ,trademark ,act of #aidf to provide for third-party submission of evidence relating to a trademark application1 to establish expungement and ex parte proceedings relating to the validity of marks1 to provide for a rebuttable presumption of irreparable harm in certain proceedings1 and for other purposes44 ,december #ad1 #bjbj,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed