The cooling-off period is a special phase of opposition proceedings before the EUIPO, which allows the applicant and the opponent to reach an agreement before the formal examination begins.

It serves to resolve the dispute out of court and avoid unnecessary costs.

According to the EUUIPO Guidelines, this period is normally 24 months from the notification of the initiation of proceedings. It can be shortened or extended at the request of both parties.

During this period, the proceedings are suspended and the EUIPO does not intervene.

In practice, the following are concluded during the cooling-off period:

agreements to limit the scope of the application,

coexistence agreements,

licensing arrangements or other compromises.

If the parties fail to reach an agreement, the EUIPO continues the proceedings and decides on the oppositions according to the standard procedure.

Practical significance:
The cooling-off period promotes negotiation and amicable resolution of conflicts, which is in line with the principles of efficiency and economy. It allows the parties to maintain business relations and avoid a long dispute.