Broader Scope and Faster Processes for EU Trademark and Design Disputes
The European Union Intellectual Property Office (EUIPO) has significantly expanded its mediation services for resolving disputes in the fields of trademarks and designs. All contentious proceedings—such as oppositions, cancellations, and invalidity actions—can now be referred to mediation upon mutual agreement of the parties. The new Mediation Rules, which entered into force on 14 July 2025, have made the process simpler, faster, and more user-friendly. Once the parties opt for mediation, the EUIPO proceedings are automatically suspended, with online and Alicante sessions offered free of charge, and Brussels office sessions conducted for a fixed administrative fee.
What Has Changed?
As of 2 June 2025, the EUIPO has broadened the scope of its mediation services to cover all contentious trademark and design proceedings. This includes opposition, invalidity, and cancellation cases at both first-instance and appeal stages. The new Mediation Rules, effective from 14 July 2025, have streamlined the process, making it more accessible and straightforward.
What Does This Mean for Businesses?
Mediation allows parties—on a voluntary basis, in a confidential setting, and by developing their own solutions—to resolve disputes. Compared to court proceedings or traditional administrative procedures, it offers a faster, more cost-effective, and relationship-preserving solution. In EUIPO mediation, parties can broaden the scope of the dispute to address parallel issues (such as domain name or licence disagreements) at the same table.
How Does the Process Work?
Mediation can be initiated by a request from one party or on the EUIPO’s suggestion. Upon the other party’s consent, the ongoing proceedings are automatically suspended. The parties then select a mediator from the EUIPO’s official list; the Centre may provide recommendations regarding language, expertise, and availability. The process is conducted via a secure online platform or through in-person sessions. In addition to joint sessions, the mediator may hold separate meetings with each party. Disputes are concluded by a settlement agreement signed by the parties; if no agreement is reached, the proceedings resume from where they were left off.
Venue, Language, and Fees
EUIPO mediation is free of charge when conducted online or in Alicante. Sessions held at the Brussels office are subject to a fixed administrative fee of €1,200. The language of mediation is, as a rule, the language of the proceedings, although the parties may agree to use another language.
Limitations and When It May Not Be Suitable
Since mediation does not produce a binding decision, the case continues if no agreement is reached. When one party is unwilling to negotiate, or where establishing a legal precedent is important, the traditional judicial route may be more appropriate.
The EUIPO’s expansion of its mediation services offers a significant opportunity for companies with trademark and design portfolios in the EU market. Confidentiality, speed, cost savings, and the ability to preserve business relationships make this method highly attractive. Considering mediation in the early stages of a dispute can save time and resources while opening the door to more sustainable business relationships.
