Wildbore & Gibbons

The United Kingdom Intellectual Property Office (UKIPO) has issued a new Practice Note to explain the role of Hearing Officers in managing trade mark opposition and invalidation cases.   The Note points out that Hearing Officers have wide case management powers under the Trade Marks Act and Rules.   They can make directions, for example, regarding the time periods allowed for filing evidence, or call a conference between the parties.   They can even refuse time for filing evidence which, in their judgement, will not assist the determination of the case.   The overall aim is to reach final decisions efficiently and fairly and to prevent unnecessary costs from arising.

The Practice Note also observes that an increasing proportion of litigants using the Tribunal are not represented.   In such cases, it says, unfamiliar legal territory sometimes gives rise to questions over the telephone.   The Practice Note warns that its Officers will terminate telephone calls when their nature ceases to be appropriate, either because of the content or the length of time the call is taking.   All users of the Tribunal, it explains, have a duty to respect its “inter partes” nature – meaning that it obviously cannot enter into discussions with one side without involving the other.   It can only give information or refer enquirers to the UKIPO website.