Mediation- can this be your potential solution?

When involved in an IP dispute, it can be a time consuming and costly experience.

Therefore, you may be interested to know that there are a number of alternatives to taking your dispute to court.

Known under the umbrella of alternative dispute resolution, there are a number of services you can take advantage of to reduce the cost and hassle of solving an issue.

The most well-known and compatible to trade mark disputes in mediation. Mediation allows you to come together with the other party, and with the help of a neutral third party, you will have the ability to discuss the issues with the other side, working together to reach a solution. The mediator themselves will not reach a conclusion but will be there to guide you and the other party into making your own.

If the matter was not resolved and later carried on into litigation proceedings, the court will want evidence that you have tried mediation as an option before coming to court.

While the case may not progress further, we always advise that you contact a trade mark specialist before starting any mediation proceedings if only to ensure you are clear on the process and know exactly the solution that will be best for you.

To aid you further, the Intellectual Property Office have their own mediation service to aid you on any IP disputes including those in relation to trade marks.

While fees for mediation can differ depending on the issues, they are substantially lower than those in relation to taking a matter to court.

In addition to the lower fees, there are a number of advantages to choosing mediation. These include the shorter time frame, more creative solutions and a high success rate.

For more information, visit the UK IPO’s website https://www.gov.uk/guidance/intellectual-property-mediation or contact Jane at The Trademarkroom.

By Ellis Sweetenham