Proceedings before and decision of registrar, evidence and costs
General powers of registrar in relation to proceedingsI162
1
Except where the Act or these Rules otherwise provide, the registrar may give such directions as to the management of any proceedings as the registrar thinks fit, and in particular may—
a
require a document, information or evidence to be filed within such period as the registrar may specify;
b
require a translation of any document;
c
require a party or a party’s legal representative to attend a hearing;
d
hold a hearing by telephone or by using any other method of direct oral communication;
F3e
allow a statement of case to be amended, provided that—
i
where an application is made to add grounds of opposition other than under subsections 5(1) or (2) of the Act, the application shall be made on Form TM7G; and
ii
in the case of fast track oppositions the registrar may only permit a statement of case to be amended to add additional or alternative earlier registered or protected trade marks as additional grounds of opposition under subsections 5(1) or 5(2) of the Act, provided that the total number of earlier trade marks relied upon may not exceed three;
f
stay the whole, or any part, of the proceedings either generally or until a specified date or event;
F4g
consolidate proceedings provided that where a fast track opposition is consolidated with other non-fast track proceedings, it shall no longer be treated as a fast track opposition;
h
direct that part of any proceedings be dealt with as separate proceedings;
i
exclude any evidence which the registrar considers to be inadmissible;
j
F2direct that with effect from the date specified in the direction opposition proceedings which have been commenced on Form TM7F as a fast track opposition but which do not satisfy the criteria for a fast track opposition may continue as if the opposition proceedings were an opposition to the registration commenced under Rule 17 on Form TM7
2
The registrar may control the evidence by giving directions as to—
a
the issues on which evidence is required; and
b
the way in which the evidence is to be placed before the registrar.
3
When the registrar gives directions under any provision of these Rules, the registrar may—
a
make them subject to conditions; and
b
specify the consequences of failure to comply with the directions or a condition.
4
The registrar may at any stage of any proceedings direct that the parties to the proceedings attend a case management conference or pre-hearing review.
F15
In the case of a fast track opposition—
a
proceedings shall be held orally only if the Office requests it or if either party to the proceedings requests it and the registrar considers that oral proceedings are necessary to deal with the case justly and at proportionate cost; and
b
the parties shall be given at least fourteen days’ notice beginning on the date on which the notice is sent, of the time when the oral proceedings are to take place unless each party to the proceedings consents to shorter notice.
6
In the case of a fast track opposition, where no oral hearing is held, the registrar shall give the parties the opportunity to provide arguments in writing before reaching a decision that is adverse to either party.