Trade mark decision

BL Number
Decision date
24 October 2005
Hearing Officer
Mrs A Corbett
Registered Proprietor
Virt-xExchange Ltd
Applicants for a declaration of invalidity
Oxford Virtual Markets Ltd & Advanced Transaction Systems Ltd (jointly)
Interlocutory hearing in relation to a request for confidentiality in invalidation proceedings


Confidentiality of evidence in invalidation proceedings.

Points Of Interest

  • Confidentiality of evidence in invalidation proceedings.


The applicants requested that some of the evidence filed by them should be kept confidential and available only to the registered proprietor’s legal representatives. Alternatively, they suggested that the parties enter into a “confidentiality club” comprising counsel, trade mark attorneys and two named representatives of the registered proprietor.

After hearing the parties the Hearing Officer granted the requests for confidentiality in respect of some of the evidence. If the parties wished to discuss further the matter of a confidentiality club it was open to them to do so. Any resultant agreement would be subject to the Registrar’s approval.

This decision sets out the Hearing Officer’s reasons for granting the confidentiality order

Full decision O/285/05 PDF document33Kb