INTA accepts applications for appointment/reappointment to the Panel of Trademark Mediators (the Panel) every two (2) years during September 15 through November 1st (2016; 2018, etc.).
Panel of Trademark Mediators Appointments
The Panel is an important resource INTA makes available to those seeking a neutral to assist in resolving trademark and related intellectual property disputes. As a fundamental tenet, the Panel seeks to offer a diverse group of experienced trademark professionals who are also trained and experienced in the art of mediation. As a result, the Panel consists of INTA members who demonstrate substantial substantive knowledge of and experience with trademark, as well as training and experience in the skills necessary to mediate disputes. To further this enterprise, INTA has established application qualifications upon which to assess applicants to make sure they meet - or in the case of reappointment, continue to meet - the threshold of knowledge, skill, and experience. INTA administers these rules through its pertinent committees and makes no representation, warranty, or guarantee to Panel members that they will be retained as mediators, nor to the public that any particular Panel member will be able to address any particular dispute successfully. INTA reserves the right to change these requirements from time to time in its sole discretion.
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
(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.
REPORTING TRAINING AND EXPERIENCE
Panel members must apply for reappointment every four (4) years and are required to notify INTA of their participation in any mediations or mediation training, or in any change in their status that affects their qualifications to be a member of the Panel. For more information, see Tools for Neutrals.
A. INTA may, at its discretion, consider speaking engagements at mediation forums or seminars or training when reviewing applications for appointment or reappointment.
B. The appointment, reappointment, and removal of Panel members remain within the sole and absolute discretion of INTA.
C. To serve its goal of providing qualified neutrals in diverse jurisdictions around the globe, INTA reserves the right to change Panel membership appointment and reappointment requirements or to afford an applicant special accommodation or special consideration as part of its ongoing efforts to provide the public with highly qualified neutrals to meet the needs of each jurisdiction.