From 1 July 2024, parties involved in EU trade mark (EUTM) cancellation proceedings will be able to request access to EUIPO’s mediation service at any time after filing a trade mark cancellation request in order to efficiently resolve the dispute in an amicable manner.
Mediation services offered by the EUIPO Mediation Centre are voluntary, free of charge, and can be conducted online through a secure and confidential ADR platform.
Launched in November 2023, the EUIPO Mediation Center adds an alternative dispute resolution (ADR) procedure to appeal proceedings in inter-party litigation. The services it provides will enable all users to benefit from the advantages of mediation at an early stage in trademark cancellation proceedings.
The mediation process offers many advantages such as being non-adversarial, flexible and confidential. By choosing the mediation process, the parties can use a streamlined process that encourages communication and cooperation to reach a win-win solution based on the commercial interests of both parties.
Furthermore, while the ongoing dispute must concern an EUTM and/or a registered Community design (RCD), the parties may include in the dispute resolution process other IP rights such as copyright, domain names and patents or any other relevant pending disputes between them in any jurisdiction.
The establishment of mediation procedures is part of the EUIPO's extended ADR service, which aims to expand ADR services to all proceedings between parties at the EUIPO and promises to provide convenience and the effectiveness of the dispute resolution mechanism. Mediation procedures for invalidation requests for industrial designs and EUTM oppositions will also be launched in 2025.
