Tribunal Practice Notice (TPN 1/2001)
Requests to Postpone or Rearrange the Date of Appointed Trade Mark Hearings
1. The purpose of this notice is to advise parties of the Registrar's practice concerning requests to postpone or rearrange appointed hearing dates in Trade Mark Proceedings before the Registrar. This notice amplifies some parts of Tribunal Practice Notice 5/2000 issued on 6 December 2000.
2. The Trade Marks Registry has noted an up turn in the number of appointed hearings which have not taken place on the original date, either through postponement, rearrangement or withdrawal of the proceedings. In 1999, 43% of appointed substantive hearings and 36% of appointed preliminary hearings did not take place on the appointed date. These figures have increased during 2000 to 46.4% of substantive hearings and 41.6% of preliminary hearings not going ahead. This of course leads to delays in appointing hearing dates in other proceedings because available dates are being taken by postponed or rearranged hearings.
3. The Trade Marks Registry continues to be reminded that after completion of the evidence stages parties wish to be heard and a decision to be issued as soon as possible. In order to assist in meeting this aim of a decision being issued as soon as practicable, the Registrar’s Hearing Officers will adopt the following practice in relation to all requests for postponements or to rearrange a hearing date. This is a slight refinement of that set out in Tribunal Practice Notice (TPN) 5/2000.
Request for postponement
Substantive Hearings
4. It is important to note that postponement is not automatic even if all of the parties to the proceedings agree.
5. The Registrar will only consider postponing an appointed hearing in exceptional circumstances. The Registrar is highly unlikely to agree to a postponement of an appointed hearing date where the parties are attempting to settle proceedings. However, the Hearing Officer will hear the substantive case on the appointed hearing date, and on application from both parties may consider delaying the issue of a decision for a short period to allow settlement to be pursued. The Hearing Officer will inform the parties at the hearing when they can expect the decision to be issued.
6. The Registrar is also unlikely to postpone an appointed hearing date due to Counsel being unavailable or because Counsel is required elsewhere. It will be for the affected party to brief Counsel who is available for the appointed date.
Preliminary Hearings
7. The practice for preliminary hearings will be as set out above, i.e. the Registrar will only consider postponing an appointed hearing date in exceptional circumstances.
8. Should either party wish to brief Counsel for a preliminary hearing, they will be expected to approach Counsel who is available for the appointed hearing date.
Request for a hearing date to be rearranged
Substantive Hearings
9. As detailed in TPN 5/2000, the registrar will consider changing an appointed hearing date, only if the parties mutually agree an alternative date before approaching the Registrar, and the proposed new date is put forward at least two weeks prior to the hearing. The new date for the hearing should be within two months of the original date. It may be possible to appoint an earlier date if both parties agree and the Hearing Officer is available. If the parties are unable to agree to an alternative date, then the hearing will take place on the date originally appointed.
Preliminary Hearings
10. As with substantive hearings, the Registrar will consider changing an appointed preliminary hearing date, only if the parties mutually agree an alternative date before approaching the Registrar. This date must be convenient to the Registrar and the request must be put forward within a convenient timescale. If the parties are unable to agree to an alternative date, then the hearing will take place on the date originally appointed.
Applying for a postponement or to rearrange a hearing date
11. Any person who applies for a postponement or to rearrange a hearing date must give the following information:
- the precise reason for the postponement/rearrangement. If Counsel is being used, "Counsel not available" or "otherwise engaged" will not be acceptable. Where the Registrar has appointed a date, it is for the party to use Counsel who is available for the date set
- whether the other parties have been notified of the request to postpone the hearing, and whether they have given their agreement
- in the case of rearrangements, whether the other party is agreeable to the new date(s) put forward
This information should be given in writing and copied to the other parties involved in the proceedings. All requests are to be received at least fourteen days before the appointed date for a substantive hearing; and at least seven days before the appointed date for a preliminary hearing.
12. If a postponement is ultimately agreed to by the Hearing Officer, the hearing will be reappointed to take place at the Patent Office in Newport, but with the agreement of the parties the Hearing Officer will consider the use of the video conference facilities.
13. It is incumbent upon parties to advise the Registrar as soon as possible, in writing, if settlement is reached either before or following a hearing, but prior to the decision being issued.
14. Current contact details for enquiries about this notice are:
Sally
Howls
Trade Marks Directorate
Room 2G31
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom
Tel:
+44 (0)1633 811035
Fax: +44 (0)1633 811175