Key takeaways
The EU Regulation 2017/1001 on the European Union trademark ("EUTM Regulation") paved the way for the establishment of a Mediation Centre at the European Union Intellectual Property Office. This initiative offers Alternative Dispute Resolution (ADR) services with the goal of facilitating amicable settlements of disputes relating to European Trade Marks (EUTM) and registered Community designs (RCD). In October 2023, the EUIPO held its fourth edition of the International IP Mediation Conference, following which it finally launched its Mediation Centre on 22 November 2023.
The Mediation Centre offers a wide range of ADR services, including mediation, conciliation and expert determination. These services are available to all parties involved in inter partes proceedings pending before the EUIPO at second instance (i.e., appeal proceedings). Small and medium-sized enterprises may also request ADR during first instance proceedings (i.e., oppositions, cancellations and invalidities). The latter will be gradually extended to all users in a phased approach during 2024 and 2025.
The parties to a dispute can unilaterally or jointly request ADR services from the Mediation Centre at any point after lodging an appeal (or during first instance proceedings). However, all parties must sign the final mediation request, or demonstrate that consent has been obtained from the other party. The proceedings on the merits will be suspended pending the mediation process.
The mediation procedure will primarily be conducted online or at the EUIPO headquarters in Alicante (Spain). For an additional fee, mediation can also occur in Brussels (Belgium). The proceedings will generally be held in the language of the underlying proceedings.
Along with the launch of its Mediation Centre, the EUIPO has issued its rules governing mediation, ensuring uniformity and transparency for all parties involved. It furthermore created an online ADR platform to enhance accessibility, enabling mediators and parties to interact virtually in a secure and confidential environment.
This is a significant step within the framework of IP proceedings offered by the EUIPO. Notably, the mediation services provided are free of charge, as there are no further fees to be paid in addition to those already paid in the context of the inter partes proceedings.
