What is an Inter-Partes Review and how does it work?
An Inter-Partes Review (IPR) is a process available under Washington trademark law to challenge existing trademarks. In an IPR, the U.S. Patent and Trademark Office (USPTO) reviews the evidence submitted by a challenger, who is usually another party with a trademark or a proposed trademark that is similar to the existing trademark. The USPTO will then decide whether or not the existing trademark should be cancelled or modified based on the evidence presented. In an IPR, the challenger presents evidence to the USPTO that shows why their trademark is superior to the existing trademark, or why the existing trademark should not be allowed to continue to be registered. This evidence could include things such as how long the existing trademark has been used, or how similar it is to the challenger’s trademark. After the evidence is presented, the USPTO reviews the evidence and renders a decision on whether or not to cancel or modify the existing trademark. If the USPTO decides that the existing trademark should be cancelled, the existing trademark owner may appeal the decision to a appeals court. If the appeals court upholds the USPTO’s decision, the existing trademark will no longer be valid. On the other hand, if the USPTO decides that the existing trademark should be modified, then the existing trademark owner will have to modify their trademark to differentiate it from the challenger’s proposed trademark. It is important to note that this process only applies to trademarks that have already been registered with the USPTO. Trademark owners may also choose to undertake an IPR voluntarily, by filing a petition to cancel their own trademark in order to obtain a more suitable one.
Related FAQs
How do I enforce my trademark rights?How do I protect my trademark from cybersquatting?
What is required in order to obtain a trademark registration in another country?
Can another person use my trademark without permission?
How can I protect my trademark from counterfeiters?
What is the difference between a trademark and a design patent?
What is a trademark opposition proceeding?
What is the Paris Convention and how can it help me protect my trademark internationally?
What kind of protection does a trademark provide?
Can I register a trademark in more than one country?
Related Blog Posts
Understanding the Basics of Trademark Law - July 31, 2023The Most Common Questions About Trademark Law - August 7, 2023
Protecting Trademarks in Canada: What You Need to Know - August 14, 2023
Trademark Law: How to Protect Your Intellectual Property - August 21, 2023
Avoiding Common Mistakes When Registering Trademarks - August 28, 2023