Interlocutory hearings: Extension of time requests

This notice is to advise practitioners of a change in the Registrar's practice in arranging interlocutory hearings in respect of requests for extensions of time in inter partes proceedings before the Trade Marks Registry.

It has been the practice for such hearings to be appointed in line with the Notice previously published in Trade Marks Journal No. 6085, with the Registrar appointing a hearing in London giving both parties at least 14 days notice of the hearing date. However, the cancellation rate of hearings in respect of requests for extensions of time, currently 41% of those appointed do not take place, has given cause for concern. What has set out as a full day of hearings for a Hearing Officer, due to late postponements/cancellations, has meant on numerous occasions the Hearing Officer having to travel to London for only one or two hearings. This of course has a major impact on staffing resources, and in view of the Trade Marks Registry’s responsibility of making best use of the resources at its disposal, the current position in relation to extension of time interlocutory hearings needs to be addressed for the good and speedy management of interlocutory hearings and inter partes hearings at large.

The following all represent ways forward which still allow the parties the right to be heard in respect on Registry resources:

• Telephone Conference
• Video Conference
• Attendance in Newport

With effect from 1 January 1999, when a request for an Interlocutory hearing involving an extension of time is received the Trade Marks Registry will notify both parties, in accordance with Rule 54(2) of the Trade Marks Rules 2000, of the date and time on which they will be heard. The hearing will be scheduled to take place via the video conference link between our Newport and London offices. The Trade Marks Registry will consider changing the hearing date and/or the medium for the hearing to one of the alternatives above, only if both parties are in agreement to the change, (and it is also convenient to the Trade Marks Registry) and the request is made within a reasonable timescale. For those requiring personal attendance, face to face hearings in Newport will allow for that preference.

Conducting Interlocutory hearings, where extension of time requests are involved, by telephone will also enable speedier resolution of the issue in the context of the Woolf Report as it will not require the bundling up of cases to make a visit to London by a Hearing Officer worthwhile.

Interlocutory hearings on other substantive points, e.g. admittance of evidence, will continue to be organised and held in person in London as the primary arrangement.