What is an Inter-Partes Review and how does it work?
An Inter-Partes Review (IPR) is a type of proceeding under U.S. trademark law that seeks to resolve disputes between two parties over the validity of a trademark registration. It is conducted at the United States Patent and Trademark Office (USPTO) and is a cost-effective alternative to litigation. Once an IPR is filed, the USPTO will conduct a review process to determine if the trademark registration should be canceled or maintained. The process begins with a petition, which is filed by the opposing party who is challenging the trademark registration. In the petition, the challenger must explain why the trademark registration should be canceled. The Trademark Trial and Appeal Board (TTAB) then reviews the petition and decides whether to institute (start) the IPR. If the TTAB decides to institute the IPR, then each party will have an opportunity to submit evidence and arguments in support of their position. At the end of the review, the TTAB will issue a decision that will either maintain or cancel the trademark registration. An IPR is a beneficial option for parties who are unable to reach a settlement through negotiation or mediation. It is significantly less costly than litigation and can provide a faster resolution to the dispute.
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