 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE (Trade Mark: Opposition) [2000] UKIntelP o37800 (6 October 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o37800.html Cite as: [2000] UKIntelP o37800 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o37800
Result
Disclosure - Request refused
Stay of proceedings - Request refused
Oral evidence - Request refused
Points Of Interest
Summary
The applicant had asked for disclosure very early in the proceedings and before the opponents had filed their evidence. The request for disclosure was also very wide ranging. The Hearing Officer decided that the case for disclosure had not been made out and in any case it was so wide ranging as to be unreasonable. The request was refused.
Some time after the opponents commenced these opposition proceedings the applicant applied to revoke one of the marks relied upon by the opponents in these proceedings. In seeking a stay in these proceedings, the applicant was trying to put himself in a better position by having the revocation proceedings dealt with at the same time. Having reviewed the papers the Hearing Officer concluded that the applicant had had ample opportunity to launch the revocation proceedings at an earlier stage and to process them more quickly if he wished those proceedings to run in tandem with these opposition proceedings. Request for a stay refused.
The applicant had also requested that he be allowed to give oral evidence at the hearing to decide this opposition. The Hearing Officer noted that no substantive reasons for the request had been made. The Hearing Office noted that normally case evidence is filed in the form of affidavits or statutory declarations and cases before the office are decided on the basis of such evidence, with verbal arguments presented at hearings, if required. In the absence of good reasons the Hearing Officer refused the request.