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What does an 'amicable solution' mean?

Founder & Trademark Attorney

In trademark proceedings, an amicable solution (or amicable resolution) is a settlement reached between the two parties through negotiation, without requiring the IP office to issue a formal decision on the merits. It avoids the time and cost of adversarial proceedings.

An amicable resolution in a trademark dispute most commonly takes the form of a co-existence agreement (both marks continue to be used under defined terms), a consent to registration (the earlier owner consents to the later application proceeding), a withdrawal of the opposition, or an agreement on modified goods and services lists that eliminate the area of conflict. The terms are agreed contractually and are binding on both parties.

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