Who We Are


When utilizing mediation to resolve a dispute, it is often critical to select a mediator with expertise in the subject matter at issue. This expertise can be invaluable to the process and save parties precious time that they might otherwise  spend educating the mediator on the substantive aspects of the law.

INTA’s Panel of Trademark Mediators offers parties access to an international roster of qualified mediators with specific expertise in trademark and related unfair competition issues, combined with a deep understanding of the business drivers underlying these kinds of disputes. Our mediators can therefore bring insights and ideas to trademark-related mediations that only subject matter experts can bring, and suggest resolutions that are appropriate given the facts of the case.

In addition to their substantive legal knowledge, the Panel of Trademark Mediators  have been specifically trained in early dispute resolution procedures, and bring a wealth of mediation experience that benefits all parties, thus allowing them to avoid the cost and turmoil of court litigation.

Coming from virtually every region of the world, our mediators are also fluent in various languages, and have a deep understanding of local laws, procedures, conditions, and relevant cross-border issues. This understanding can play an important role in helping parties resolve their disputes.

INTA’s Panel of Trademark Mediators  provides one of the world’s only international panel of mediators who are both expert in trademark and unfair competition law and trained in the art of mediating disputes. Our mediators are therefore uniquely qualified to assist when you seek an alternative to litigation.


Mediator Qualifications


The International Trademark Association (INTA) created the Panel of Trademark Mediators as an alternative dispute resolution resource for not only members of the Association, but for members of the general public involved in trademark disputes. Today, the INTA Panel of Trademark Mediators  consists of deeply experienced trademark professionals who are members of INTA and who have met requirements established by INTA to become a member of the Network. The current requirements are as follows:


Only INTA members may apply. Applicants must complete and submit an application and pay a US$100 administration fee to be considered for appointment or reappointment to the Panel. Only complete applications will be considered.

A. APPLICATION FOR INITIAL APPOINTMENT.  To be considered, an applicant must demonstrate that the applicant meets the following criteria:

1. Qualifications.  Applicants must:  

(a) be a member in good standing of the bar in the jurisdiction where you practice law, and 

(b) be licensed or otherwise lawfully permitted to practice law and to provide mediation services in the applicants respective jurisdiction; and 

(c) be held in high ethical and professional regard within the legal community of the applicants respective jurisdiction. 

2. Experience.  In addition to the minimum qualifications set forth above, the applicant must meet one of the following sets of requirements:

(a) The applicant must possess fifteen (15) years of experience practicing trademark law, and have completed either: 

(i) a mediation training for a total of at least twenty (20) hours completed within the past four (4) years; and

(ii) have experienced mediation either by being an actual mediator, or representing a party or by shadowing a mediator 

OR

(b) The applicant must possess ten (10) years of experience practicing trademark law and (i)  Have completed a mediation training course of at least sixteen (16)  hours duration; AND either:

(A) have conducted two (2) mediations as a mediator (trademark or non-trademark) within the past four (4) years,

OR 

(B)  have conducted one (1) mediation (trademark or non-trademark)  as a mediator and completed an advanced mediation training course of at least eight (8)  hours within the past four (4) years.

3. Documentation.  All documentation should be submitted in the English language or translated into English. The application must be accompanied by the following:

(a) Two (2) letters of recommendation (i) from members of the bar who are licensed or authorized to practice law or as a trademark attorney in the jurisdiction of the applicant (ii) attesting to the applicant being held in high ethical and professional regard within the legal community of the applicant’s respective jurisdiction.  The letters of recommendation may not come from family members of the applicant or members of the same firm.  

(b) An attestation under oath from the applicant confirming (i) the applicants experience in the practice of trademark law; and (ii) the applicants actual mediation experience, if any, upon which the applicant intends to rely to satisfy the mediation experience requirements.

(c) A certificate from the licensing authority of the jurisdiction in which the applicant practices or a letter of reference from that authority certifying that the applicant is authorized and in good standing to practice law in the applicants jurisdiction, or if such exists the right to practice specifically trademark law.

(d) One or more certificates or letters of reference from mediation trainers or organizations confirming the applicant’s participation in the required mediation training.

(e) If any submitted documentation is translated into English by the applicant, applicant shall submit an attestation under oath and signed expressly certifying that the translation into English is accurate and truthful.

 
B.  APPLICATION FOR REAPPOINTMENT.  To be considered for reappointment to the Panel, an applicant must demonstrate that the applicant meets the following criteria:

1. Qualifications.  The applicant continues to meet the good standing criteria established for initial appointment.  See A.1. above.

2. Experience.  The applicant has conducted a minimum of one (1) mediation (trademark or non-trademark) as a mediator since the applicant was appointed or reappointed to the Panel; or has undertaken and completed an advanced mediation training course with at least eight (8) hours that includes role playing in the past four (4) years. 

3. Documentation.  An applicant’s application for reappointment must be accompanied by the following:

(a)  An attestation under oath from the applicant confirming the applicant continues to meet the qualifications of good standing for appointment.

(b)   If the applicant has not previously reported to INTA any mediations upon which the applicant intends to rely to meet the reappointment mediation experience requirement, as required above, INTA may, but is not required to, consider an attestation under oath from the applicant confirming the applicants actual mediation experience.   

(c)  If the applicant has not previously reported to INTA any mediation training upon which the applicant intends to rely to meet the mediation experience requirement, as required below, the applicant must submit certificates or letters of reference from mediation trainers or organizations confirming the applicant’s participation in the advanced mediation training.


Those whose applications reflect that they meet these requirements—following a review of the applicant’s application by the leadership of INTA’s ADR Committee—are invited to become members of the Panel of Trademark Mediators .To remain a member of thePanel of Trademark Mediators, mediators must maintain their trademark skills through continued practice in the area, and must maintain their mediation skills either through continued mediation training and/or through current mediation experience.

INTA does not provide or manage the mediation services offered by members of the Panel of Trademark Mediators. Members of the Panel of Trademark Mediators  are independent contractors and anyone choosing to retain a member of the Panel of Trademark Mediators will be contracting directly with that member of the Panel of Trademark Mediators. Anyone seeking to retain a mediator from the Panel of Trademark Mediators is responsible for (a) evaluating the particular mediator’s suitability for the matter in question, (b) selecting a mediator, and (c) negotiating the terms of the engagement of the mediator directly with the mediator. INTA does not make recommendations with respect to specific mediators or their qualifications for a specific engagement. If you have questions regarding the qualifications of, or the terms offered by, a particular mediator, you should contact that  mediator directly for additional information.

©2013 International Trademark Association
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