What is an Inter-Partes Review and how does it work?
An Inter-Partes Review (IPR) is a process that takes place in California and is a form of contestation established under U.S. trademark law. IPRs are used to challenge the validity of a trademark registration and can be initiated by someone other than the original trademark applicant or registrant. The process of an IPR begins when a petitioner files a petition with the U.S. Patent and Trademark Office (USPTO) to challenge a trademark registration on the grounds that it was improperly registered or is no longer valid due to another party’s prior rights. The USPTO then makes its determination on whether or not to accept the petition. If accepted, the USPTO will appoint an administrative panel to review the case and either cancel the trademark registration or uphold it in its current state. When an IPR is initiated, the original trademark applicant has the opportunity to file a counterargument to the petition, as well as evidence to support their argument. The administrative panel will evaluate the evidence and arguments presented by both parties and make a decision on the trademark’s validity. The decision is binding and cannot be appealed. IPRs are a useful tool for challenging a trademark registration which may have been improperly granted or which may infringe on the rights of another party. Although the process is complicated, it provides a practical way for parties to resolve disputes without the need for a lengthy and expensive court proceeding.
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