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Amendments to Trademark Laws

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Nov 08, 2011 (Newsletter Issue 13/11)
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Mediation Service Available

OHIM has launched a mediation service in inter partes proceedings, following the decision of the first instance and in parallel to appeal proceedings (which shall then be suspended, when appropriate), allowing the parties to reach an amicable settlement without the requirement of a decision from the Boards on the substance.

Mediation talks will normally be held in Alicante and the service itself is offered free of charge. However, in order to avoid the contested decision becoming final, the party being adversely affected by the decision must, within the two months following the notification of the contested decision, file an appeal and pay the appeal fee of EUR 800. A one-off fee of EUR 750 is charged in the event that the parties wish to hold the mediation talks in Brussels in order to cover the traveling expenses of the mediator.

It is the role of the mediator to bring the parties together and assist them in finding common ground on which a potential settlement may be made, but not to act as judge nor to offer opinions on the rights and wrongs of each party’s arguments.

Detailed documentation on all aspects of the mediation can be accessed here