Trade mark decision

BL Number
Decision date
14 September 2007
Hearing Officer
Mr C Bowen
Applicant for Revocation
Hokochemie GmbH
Registered Proprietor
Hokko Chemical Industry Co Ltd
Request by applicant to cross-examine a declarant of the registered proprietor


Request to cross-examine declarant: Request refused.

Points Of Interest

  • 1. A good summary of matters to be considered when deciding whether or not cross-examination is justified.
  • 2. The applicant for revocation appealed to the Appointed Person. In his decision dated 9 June 2008 (BL O/258/08). The Appointed Person allowed the appeal and the request to cross-examine Mr Ogawa the registered proprietor's witness.


Right from the outset of the proceedings the applicant for revocation (HC) were doubtful about the claim to use of the mark in suit by the registered proprietor (HCIC). During the evidence rounds an officer of HCIC Mr Yuji Ogawa filed a statement about use of the mark in suit. The evidence was not well focused, was vague in places and the declarant did not clarify as regards his understanding of the English language.

Subsequently HC asked for cross-examination of Mr Ogawa and this was opposed by HCIC on a number of grounds, including the fact that Mr Ogawa was based in Japan and the cost of travel and translation facilities would be high. A hearing was appointed but prior to the hearing HCIC provided further evidence in the form of invoices, which had previously been withheld, and offered to file a further declaration as to Mr Ogawa’s English language capabilities.

Following the hearing, and taking account of the availability of new evidence and the promise of a further statement from HCIC, the Hearing Officer decided that cross-examination was not necessary and he refused HC’s request.

HC requested written grounds and the Hearing Officer set out in detail his reasons for refusing the request for cross-examination. In view of the late filing of the evidence referred to above no costs were awarded to either party.

Full decision O/270/07 PDF document102Kb