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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PANACELL (Trade Mark: Opposition) [2000] UKIntelP o29100 (15 August 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o29100.html Cite as: [2000] UKIntelP o29100 |
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For the whole decision click here: o29100
Result
Request by the opponents to cross-examine the applicant - Request refused.
Points Of Interest
Summary
The opponents requested cross-examination of the applicant because in their view it would be helpful in relation to their grounds under Sections 3(6) and 5(4)(a) of the Act. They argued that as the wording of Rule 55(2) of the Trade Mark Rules 2000 was essentially the same as the wording of Rule 103(2) of the Patents Rules, then taking account of the guidance set down in PECKITT’S application [1997] RPC 337, there was a presumption in favour of cross-examination.
The Hearing Officer considered that the meaning accorded to Rule 55(2) must also be consistent with Rule 55(5) which first appeared in the Trade Mark Rules 2000. After carefully considering the wording of both Rules he decided that there was no presumption in favour of cross-examination.
Having carefully considered the way the grounds under Sections 3(6) and 5(4)(a) were pleaded by the opponents, and taking account of the views of the applicant, the Hearing Officer decided that it was unlikely that any benefit would offset the cost of bringing the applicant from his home in Spain. Request refused.
