by Andreea Bende and Marta Datcu
As of June 2nd, 2025, EUIPO mediation services are now available in all inter partes proceedings related to EU trademarks and designs. In practical terms, this means that any party currently involved in opposition or cancellation proceedings for EU trademarks, whether at first or second instance, or in invalidity proceedings for registered EU designs, may request mediation to resolve their dispute in an amicable and effective manner, before the EUIPO Mediation Centre.
While the primary dispute must concern EU rights, the broader alternative dispute resolution (ADR) framework allows for the inclusion of parallel conflicts between the same parties involving other intellectual property rights, such as copyrights, domain names or patents, as well as other related pending disputes.
Mediation represents a structured and voluntary process through which two or more parties in conflict seek to reach an amicable agreement with the assistance of a mediator, who acts as a neutral third party. Instead of rendering a binding decision, the mediator facilitates constructive dialogue, thus helping the parties identify common ground and negotiate a mutually acceptable solution. The discussions during the mediation are not binding and only the settlement agreement signed by the parties is legally enforceable between them. Nonetheless, the parties are responsible for the process and may organize and terminate it at their discretion.
In recent years, mediation has gained attention as a dispute resolution method, particularly in the business and intellectual property matters. This development can be attributed to its potential to serve as an alternative to more traditional adversarial proceedings before national courts, which can be more lengthy and more costly. Mediation provides a confidential and neutral forum where parties can engage in open dialogue, which can be valuable, especially when issues of commercial reputation or trade secrets are at stake.
Launched in November 2023, the EUIPO Mediation Centre builds on over a decade of experience in mediation and conciliation developed by the EUIPO Boards of Appeal since 2012. The recent expansion of its services to include first instance EU Trademarks opposition or cancellation proceedings and registered EU Design invalidity proceedings marks the last step in the extension of ADR mechanisms across all inter partes proceedings. This development strategy reflects the EUIPO’s commitment to ensuring accessible, effective, and trusted resolution mechanisms for all stakeholders.
To initiate mediation, one of the parties must submit a written request, either of its own motion or following a proposal by the Office. If both parties agree to proceed with the mediation procedure, the inter partes proceedings pending before the EUIPO will be suspended ex officio until the mediation is concluded. Conversely, the parties must request the suspension of any related national proceedings currently before national courts and referenced during the mediation.
Afterwards, the parties will be invited to appoint a mediator. The Mediation Centre will refer them to the official list of mediators and may make recommendations depending on the mediator’s language proficiency, professional experience, and availability. Subsequently, the parties can confirm the identity of the jointly appointed mediator in writing to the Mediation Centre. Once the mediator accepts the appointment, a mediation agreement will be signed by both parties and the mediator and submitted back to the Mediation Centre.
Following the appointment, the mediator may request a brief description of the case and ask the parties to state their respective positions regarding the dispute subject to mediation. Before the sessions can begin, the parties, guided by the mediator, will have to determine the name of the authorized participants and their representatives, as well as the timetable and location of the meetings.
During the mediation sessions, the mediator will facilitate discussion and may meet with each party separately for a preliminary session to explain the procedure. Mediation typically begins with an opening session where, after the mediator outlines the structure of the sessions, each party presents an opening statement summarizing its position. Together, the parties and the mediator will then identify the list of issues that needs to be discussed. This is followed by the exploration phase, which consists of a series of meetings during which the mediator may alternate between private sessions with each party and intermittent joint sessions with both parties. Any information disclosed in private meetings will not be shared with the other party without explicit consent.
The process concludes when a mutually acceptable settlement agreement of the conflict is reached and signed by the parties. If no agreement is reached, the parties may choose to pursue another form of alternative dispute resolution, or they may choose to resume the proceedings before EUIPO or/and national offices/courts.
Further information on the mediation procedure before EUIPO is available here.
From our professional experience, participants active in the intellectual property rights sector regard the mediation services offered by EUIPO as an effective tool for alternative dispute resolution, particularly when used to amicably resolve complex dispute spanning multiple jurisdictions. This preference can be attributed to certain advantages such as the rapid speed of the procedure or the reduced costs. Nonetheless, certain concerns have been raised, notably regarding the voluntary character of mediation, which can lead to power imbalances between the parties, as well as its limited efficacy in situations where fundamental disagreements prevail or where the parties are unwilling to compromise. Nonetheless, while we welcome EUIPO’s initiative to expand mediation services to cover all inter partes disputes, we emphasize that it remains essential to thoroughly analyze all available dispute resolution choices in order to select the one that is most suited to your specific circumstances.