Since June 2, 2025, the European Union Intellectual Property Office (EUIPO) has been offering a comprehensive expansion of its mediation services, and since July 14, 2025, the "Rules on Mediation" have entered into force. From this date, parties involved in any contentious proceedings concerning European Union Trademarks and European Union Designs - regardless of whether these are first-instance or appeal proceedings - can request mediation. This applies in particular to opposition, invalidity, and cancellation proceedings, marking a significant step toward promoting amicable and efficient conflict resolution in the field of intellectual property.
What is mediation at the EUIPO?
Mediation is a voluntary, confidential process in which a neutral third party - the mediator - assists the parties in finding a mutually agreeable solution to their dispute. Unlike judicial or traditional administrative proceedings, the parties retain control over the outcome and can jointly develop creative solutions tailored to their business interests. Mediation can take place online, at the EUIPO headquarters in Alicante, or at the Brussels liaison office, and is free of charge if conducted through the EUIPO Mediation Centre.
Requirements and procedure for mediation
Mediation is possible when an inter partes proceeding (e.g., opposition, invalidity, cancellation) is pending, both parties agree, and the adversarial part of the procedure has begun (for example, after the cooling-off period has ended). Initiation occurs through a written request by one party or upon suggestion by the EUIPO. Once both parties consent, the ongoing procedure is suspended for the duration of the mediation. The parties jointly select a mediator from an official list, with the Mediation Centre able to provide recommendations regarding language skills, expertise, and availability. Mediation is conducted via a secure EUIPO platform, with clear deadlines and structured processes. After signing a mediation agreement, the actual procedure begins, which may include joint sessions as well as individual meetings with the mediator. All information remains confidential unless explicit consent for disclosure is given. The process concludes with a mutually agreed settlement signed by both parties. If no agreement is reached, the original procedure resumes.
Advantages of mediation for companies
Mediation at the EUIPO offers numerous strategic and economic benefits:
- Confidentiality: All content and outcomes remain confidential—ideal for sensitive business secrets or reputational concerns.
- Voluntariness: Mediation is voluntary and can be terminated at any time.
- Time and cost savings: Mediation is generally much faster and less expensive than lengthy court or administrative proceedings.
- Flexibility: Parallel disputes, such as those concerning domains, patents, or copyrights, can also be included. Parties can address issues beyond the immediate subject of the dispute and find tailored solutions.
- Preservation of business relationships: The cooperative atmosphere fosters sustainable solutions and maintains the foundation for continued collaboration.
- High success rate: Experience shows that many mediations lead to viable settlements.
Limitations of mediation
Despite its many advantages, mediation is not always the best option:
- No binding decision: If no agreement is reached, the original procedure continues.
- Dependence on willingness to cooperate: Both parties must be genuinely interested in finding a solution.
- Not always suitable for fundamental legal questions: Especially when a precedent is desired, judicial proceedings may be preferable.
Conclusion: Modern and sustainable conflict resolution
With the expansion of mediation services to all contentious proceedings before the EUIPO, companies and rights holders now have access to a modern, efficient, and user-friendly tool for resolving intellectual property disputes out of court, confidentially, and sustainably. Mediation is particularly attractive for internationally active companies with complex IP portfolios as an alternative to traditional litigation. Our clients may want to consider mediation proceedings in order to resolve trademark disputes in a cost-efficient way. It is advisable to consider mediation early in future disputes to save time, costs, and resources, and to preserve business relationships.
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