Trade mark decision

BL Number

O/291/00

Decision date

15 August 2000

Hearing Officer

Mr A James

Mark

PANACELL

Classes

09

Applicants

Satish Wadhumal Raisinghani

Opponents

Matsushita Electric Industrial Co Ltd

Opposition

Request by the opponents to cross-examine the applicant

Result

Request by the opponents to cross-examine the applicant - Request refused.

Points Of Interest

• None

Summary

The opponents requested cross-examination of the applicant because in their view it would be helpful in relation to their grounds under Sections 3(6) and 5(4)(a) of the Act. They argued that as the wording of Rule 55(2) of the Trade Mark Rules 2000 was essentially the same as the wording of Rule 103(2) of the Patents Rules, then taking account of the guidance set down in PECKITT’S application [1997] RPC 337, there was a presumption in favour of cross-examination.

The Hearing Officer considered that the meaning accorded to Rule 55(2) must also be consistent with Rule 55(5) which first appeared in the Trade Mark Rules 2000. After carefully considering the wording of both Rules he decided that there was no presumption in favour of cross-examination.

Having carefully considered the way the grounds under Sections 3(6) and 5(4)(a) were pleaded by the opponents, and taking account of the views of the applicant, the Hearing Officer decided that it was unlikely that any benefit would offset the cost of bringing the applicant from his home in Spain. Request refused.

Full decision O/291/00 14Kb