What happens after mediation?
That depends on whether the mediation is successful or not. (i) If parties fully settle their dispute, and if the settlement affects the trade mark application or registration in any way, the trade mark applicant / proprietor would have to comply with the relevant procedure to withdraw or amend the trade mark application/registration or cancel the trade mark registration. In all cases, the parties have 2 weeks from the end of the mediation to inform IPOS in writing that the matter has been settled and parties will have to take the necessary steps to close the proceedings before IPOS. (ii) If parties partially settle their dispute and the remaining issues are subject to adjudication at IPOS or if parties do not manage to settle any aspect of their dispute, the parties have 2 weeks from the end of the mediation to inform IPOS in writing accordingly. Deadlines to file evidence will apply again (from the second CMC which will be convened by IPOS upon resumption of the conduct of the matter). Extensions of time must be filed if deadlines cannot be met. Further procedure after the second CMC remains the same as before the mediation, so parties will file their evidence and there will be a Pre-Hearing Review before the full hearing, if the dispute is not settled by then.
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