Tribunal Practice Notice (TPN 1/2004)
Provision of skeleton arguments in Trade Mark proceedings
Existing Practice
TPN 5/2000 stipulates that skeleton arguments should be received at least 24 hours in advance of a substantive or preliminary hearing. This means that for a hearing with a start time of 10:30, skeleton arguments must be received by 10:30 on the working day before the hearing. Similarly, for hearings with a start time of 14:00, skeleton arguments must be received by 14:00 the working day before the hearing.
As with all correspondence in inter partes proceedings before the registrar, a copy of the skeleton argument should also be sent to any other party to the proceedings. If the parties wish to arrange for a simultaneous exchange then they should contact each other to arrange this.
Litigants who do not have a professional representative are not required to submit skeleton arguments. Nor do these directions apply to ex parte hearings before the registrar.
Practice with effect from 1 April 2004
It was originally intended that skeleton arguments should be received two working days before any hearing. This is detailed in TPN 1/2000 and is the practice which applies in patent hearings.
We, in the Trade Marks Registry, therefore intend to adopt this practice with effect from 1 April 2004. To simplify matters, we must receive skeleton arguments by 14:00 two working days before the hearing, regardless of the start time of the hearing. By way of example, for any hearing due to take place on a Thursday (regardless of the start time of the hearing) we should receive skeleton arguments by 14:00 on the Tuesday before. We will publish a reminder on our website shortly before we introduce the change.
There is no change to our practice that skeleton arguments will not be required in ex parte cases, nor will litigants in person have to send them.
Method of delivery
We recommended that you fax or e-mail skeleton arguments to our Hearings Team. Their fax number is 01633 811175 and their dedicated e-mail address is tmhearings@ipo.gov.uk. If you use e-mail please attach the skeleton argument in 'Word' format to your e-mail.
Failure to comply with these directions
Failure to comply with these directions may be a factor that the Hearing Officer takes into account when determining any costs arising from the hearing.
Current contact details for enquiries about this notice are:
Sally Howls
Trade Marks
Directorate
Room 2G31
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom
Tel:
+44 (0)1633 811035
Fax: +44 (0)1633 811175