Trade mark decision

BL Number
Decision date
17 May 2007
Hearing Officer
Mr M Reynolds
VIRT-X VIRTX (2 seperate marks)
Applicant for Invalidity
Oxford Virtual Markets Ltd & Advanced Transaction Systems Ltd (Jointly)
Registered Proprietor
Virt-X Exchange Limited
Interlocutory Hearing re the filing of evidence concerning private discussions between the parties


Filing of evidence about “without prejudice” discussions: Evidence excluded from proceedings.

Points Of Interest

  • None


One of the applicant’s declarants included in his declaration a paragraph relating to discussions between the parties. The registered proprietor objected and despite the applicant’s offer to remove the offending paragraph, indicated that it proposed to file evidence abut negotiations and this it duly did. The applicant objected and requested a hearing.

Following the hearing the Hearing Office wrote to the parties to say that the offending paragraph should be removed from the applicant’s evidence and that the further evidence filed by the registered proprietor should not be admitted into the proceedings.

The Hearing Officer was asked for written grounds and these form the basis of this decision. The Hearing Officer considered the filing of late evidence in the light of guidance set down in SWISS MISS and LADD v MARSHALL and noted that the evidence filed by the registered proprietor went much wider than the matter contained in the applicant’s evidence. Nor did the fact that the Registry allowed time for the late evidence to be filed impact on the decision which had to be made. Decision as set out in Hearing Officer’s letter confirmed because the Hearing Officer was of the view that the late evidence was not totally relevant, the reason for the late filing was not fully explained and its form meant that cross-examination would not be possible.

Full decision O/134/07 PDF document39Kb