Mediation and Community Trademarks

On 25 September, the Office for Harmonisation in the Internal Market (OHIM), in collaboration with the Spanish Patent and Trademark Office, presented its mediation service.

Since 2011, the OHIM has been offering its users the possibility of reaching agreements on conflicts on Community trademarks. By virtue of this new mediation service, the Boards of Appeal invite parties to reach an amicable settlement on conflicts in inter-partes proceedings. Mediation aims to help the parties reach such an agreement, without affecting other alternative mechanisms for resolving litigation.

This service can be applied in processes in which two or more parties, in a process with the Office, try alone and voluntarily to reach an amicable settlement on a conflict with the help of a mediator. The mediator acts as an intermediary between the parties and helps them find common ground from which an agreement can be reached, without either judging or offering an opinion on the appropriateness of the arguments used.

Objectives:
By offering mediation, the OHIM aims:

• to offer an alternative to inter-partes proceedings.
• to avoid court litigation.
• to minimise costs.
• to consider the business interests of both parties.
• to find solutions that will be beneficial for all.

Reports can be consulted at this link.

For further information, click here.