A Guide To EUIPO Mediation: Beyond The Trademark Dispute

The EUIPO offers an alternative dispute resolution mechanism that can assist parties to resolve underlying conflicts arising from the same trademark rights in multiple European jurisdictions. Tanja Glamočič explains how EUIPO mediation works, the benefits of using the process, and the role of the mediator and legal representative.  

A trademark dispute is often only the visible tip of the iceberg of a broader commercial conflict between companies in multiple jurisdictions. Such a conflict may include several pending IP disputes between the parties, for instance, multiple trademark oppositions and cancellation proceedings, as well as other IP disputes not only before the European Union Intellectual Property Office (EUIPO), but also before national trademark authorities. In such circumstances, the EUIPO offers an alternative dispute resolution (ADR) mechanism that may assist the parties in resolving underlying conflicts arising from the same IP rights through a single settlement process.  

While mediation has been available within the EUIPO framework for many years, its scope was significantly expanded on 2 June 2025. Since then, all the parties in inter partes proceedings may request mediation before the EUIPO.  

The parties can particularly benefit from mediation where several pending proceedings before the EUIPO or a national authority concern the same parties and related disputes, and where those disputes are still at an early stage. Mediation involves neutral and impartial mediators. It is provided at no additional cost and can be conducted entirely online, using any online meeting software, such as Zoom, MS Teams or by other means remotely from home or the office of the party or its representative. If parties prefer, the mediation may be conducted at EUIPO’s headquarters in Alicante, still at no additional cost. In addition, parties may also agree to conduct the mediation at the EUIPO Liaison Office in Brussels, but this is subject to an administrative fee (to be shared between the parties).  

Benefits of mediation before the EUIPO  

The goal of the mediation is to quickly reach a practical solution to all pending IP conflicts between the parties, tailored to the commercial goals of the parties involved, preserving confidentiality and protecting the parties' business reputation. The solution reached can extend beyond the simple decision of whether a trademark should be registered or not. Parties may reach a broader settlement of their conflict, for example by entering into co-existence or licensing agreements, agreeing on territorial or market limitations, or implementing other commercially tailored arrangements.   

The focus of the mediation process is the parties’ commercial objectives, rather than their formal legal positions in the pending disputes. The aim is to find the solution that will be appropriate for both parties’ businesses. As EUIPO mediators often observe, mediation is primarily focused on the future relationship and commercial interests of the parties, whereas litigation typically concerns past conduct.   

Another significant benefit of mediation is its complete confidentiality. Third parties cannot intervene or review documents and information exchanged. This allows adverse parties to freely discuss settlement terms and exchange sensitive business information without concern that they will be known or used by third parties against them in separate proceedings or in the future, which is a huge advantage in comparison with opposition or cancellation proceedings or court proceedings, which are public and so third parties can access documents exchanged and the decision made.  

For the purpose of the confidential mediation process, the EUIPO has deployed a special online platform, which provides a dedicated environment for the confidential discussions between the parties and the information exchanged. This platform is completely isolated from the EUIPO’s main back-office system. Access is granted by invitation only once the parties agree to participate in the mediation process.   

The EUIPO highlights the cost efficiency as another key advantage of the mediation process. By opting for mediation, parties do not need to bear additional official fees and high professional fees of their representatives that are typically involved with long, complex disputes, where several rounds of argument exchanges or hearings can be expected. Also, the court proceedings or administrative IP inter partes proceedings may take several years in each jurisdiction, especially if appeal or other legal remedies are used. Moreover, the disputes in different countries often lead to different outcomes in each jurisdiction, which means that the parties may need to invest even more time and expenses to coordinate their business activities with the authorities’ decisions in the respective country.   

Mediation can be particularly useful where disputes involve family-owned businesses, former business partners, when parties are interested in preserving the current business relationships or establishing a new one, or in any case where companies want to preserve their public business reputation by avoiding unnecessary publicity surrounding their conflict and preventing unnecessary tensions with their business partners or competitors.   

However, mediation is not suitable for every dispute. It requires a true willingness of the parties to engage in negotiations and does not guarantee that a settlement will be reached. In addition, where disputes are pending before the national bodies, any settlement reached must still be appropriately implemented in each jurisdiction.   

The role of parties in the EUIPO mediation process  

The role of the adverse parties in the mediation is active from the beginning to the end. The EUIPO Mediation Centre may, upon a preliminary assessment of the opposition or cancellation applications, identify circumstances that indicate that parties may benefit from a voluntary mediation process, and contact the parties suggesting it. However, the commencement of the mediation still fully depends on the determination of the parties involved. Namely, the mediation can be initiated only by explicit written request filed by one of the parties and will commence only after another party accepts such a request.   

Choosing mediation at an early stage may provide the parties with a valuable “reality check”, helping them to assess objectively their legal position in the dispute, strength of their cases, and the terms on which they may be prepared to negotiate with each other.   

Once the mediation process begins, the relevant proceedings before the EUIPO may be suspended until the mediation is concluded. The parties must themselves request suspensions of parallel proceedings before the national IP offices or courts in accordance with the applicable national procedural rules. Participation in mediation cannot in any way aggravate parties’ position in the dispute.   

The parties, often with assistance from the EUIPO Mediation Centre, select a mediator from the Centre’s list of more than 80 experienced and trained mediators. The parties may also select the language of the mediation proceedings, which can be different from the language of the pending formal proceedings (opposition or cancellation) before the EUIPO.   

During the mediation, parties have full control over whether and under which terms the settlement will be reached. They decide on the terms of settlement and settlement proposals, while the role of the mediator is only to assist the parties to explore and reach the settlement that fits their business goals. The mediation process typically involves joint meetings, exchange of settlement proposals, and may also include separate and confidential discussions with the mediator.   

In case the parties reach an agreement, its terms will be incorporated in a settlement agreement. On the other hand, should the parties not reach an agreement during mediation, respective IP dispute proceedings will continue from the point at which they were suspended. 

What are settlement agreements? 

The settlement agreement reflects the mutually agreed terms negotiated by the parties during the mediation process. Afterwards, the mediator will invite the parties to sign the document electronically in the dedicated mediation platform.    

The EUIPO does not prescribe a standard template of settlement agreement. The parties and their representatives may agree on its format and structure. Each settlement agreement is different and depends on the parties and the circumstances of the disputes involved; every agreement is as unique as the case itself.   

As the settlement agreement is a contract between the parties, reached under the terms that they negotiated and accepted, it is more likely that parties will be willing to undertake those that they sign themselves, which makes the global enforcement of the reached solution much easier than the enforcement of the decisions in litigation. The eventual disputes that may arise from the enforcement of the settlement agreement are regulated by the terms of the agreement, since the parties may agree on the applicable law and court jurisdiction in the provision of the agreement.   

What is the role of the mediator? 

Unlike a conciliator, who actually offers a potential solution to the conflict to the parties, a mediator does not determine the terms of the settlement but should only assist the parties in finding the most acceptable solution for their businesses themselves. Contrary to formal opposition or litigation proceedings, a mediator cannot impose any decision on the parties.   

After the mediation is concluded, mediators will inform the EUIPO Mediation Centre whether the parties agreed or not. The mediator cannot disclose any information exchanged during mediation by the parties or any term of the settlement agreement.   

What is the role of the legal representative?  

Legal representatives play essential roles in the mediation proceedings. They help the parties select a mediator from the EUIPO Mediation Centre list; they negotiate in the name of the parties they represent; and, eventually, they accept the terms of the agreement. For that reason, it is crucial that they have authority to settle in the name and on behalf of their client.  

Lawyers are the key point of correspondence. They prepare the case summary and documents that will be sent to the mediator at the beginning of the mediation. Furthermore, they present opening statements or support the client in presenting these statements. In the mediation, lawyers must take a realistic view of the strengths and weaknesses of their client’s position to find an appropriate solution for the client’s business.   

One of the key tasks of a lawyer in mediation is assisting with the preparation and drafting of the settlement agreement. Mediators do not draft or otherwise provide a settlement agreement but only guide parties and their lawyers on this.   

Key takeaways about the EUIPO mediation process 

Mediation represents an attractive option for resolving complex and prolonged disputes, especially following the 2025 scope expansion. The parties are assisted by experienced EUIPO professionals in finding an efficient solution that is aligned with their business goals. At the same time, the success of any mediation process significantly depends on careful preparation, strategic negotiation and a clear understanding of the parties' commercial objectives. Experienced trademark practitioners and specialists can contribute to identifying settlement opportunities, guiding discussions with counterparties and helping the parties transform potential points of conflict into practical and commercially sound solutions.