Trademark Board Denies EBPHI’s Motion to Suspend MICB’s Challenge to NHIE Trademark

BOULDER, Colo. (June 7, 2018) – Today, the U.S. Trademark Trial and Appeal Board (TTAB) denied the Examination Board of Professional Home Inspectors’ (EBPHI) Motion to Suspend the Master Inspector Certification Board’s (MICB) challenge to one of the EBPHI’s registered trademarks.

The MICB filed two actions to cancel EBPHI’s two trademarks on “National Home Inspector Examination” (NHIE).  The MICB’s challenges ask the TTAB to cancel the two trademarks because MICB contends the NHIE is not “national” and is not a “home inspector examination” because it tests on matters outside the scope of a home inspection.  The MICB contends the trademarks are deceptive and harm inspectors and the public by conveying the false notion that the NHIE is recognized by the U.S. government or some other organization with authority to provide nationwide approval of the examination. 

The EBPHI argued the TTAB should suspend one of the MICB challenges until the TTAB resolves the other challenge. The MICB opposed the Motion because the legal issues in the cases are different.  MICB suggested instead that the TTAB consolidate the two actions into one.  The TTAB accepted the MICB’s arguments and ordered the two actions consolidated.

MICB Executive Director Nick Gromicko applauded the work of MICB General Counsel Mark Cohen and MICB’s trademark counsel, Jamie Sheridan. 

Gromicko said, “The NHIE is not national and is not a home inspector examination.  It harms consumers by allowing inspectors who should pass to fail, and inspectors who should fail to pass.”  He continued, “The goal of a home inspector examination should be to make certain the inspector possesses the required knowledge; the goals of the NHIE appear to be to reduce competition and make money by asking questions on matters outside the scope of a home inspection and then charging inspectors a healthy fee to re-take the test.”  

The MICB will continue to vigorously fight against the EBPHI’s misleading characterizations of its examination. 

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