Requesting a hearing
The Trade Marks Hearing Teams have the responsibility for arranging all case management conferences, ex parte, procedural and main hearings.
Ex Parte Hearing
If an objection has been raised against your trade mark application and you haven't been able to resolve the matter with the examiner, you can request an ex parte hearing.
You will need to write to the examiner requesting a hearing and the ex parte hearings team will arrange a suitable date for the hearing.
Case Management Conference/Procedural Hearing
During inter partes proceedings one or more parties may regard the preliminary view taken by the Tribunal on a procedural issue as being detrimental to them. If a hearing request is made before the parties have entered into the evidence rounds, a procedural hearing will be appointed. Procedural disagreements which arise during the evidential stages will usually be dealt with at a case management conference.
A request for a hearing or case management conference must be made within 14 days of the date of the preliminary view and must be copied to the other party. The tribunal hearings team will then set the date for the hearing or case management conference. If no request is received, the preliminary view will be implemented.
Decisions at procedural hearings and case management conferences are normally given orally at the conclusion of the hearing and then confirmed in writing.
Main hearing (also called the Substantive Hearing)
Once all of the evidence is filed a letter will be issued and the parties can choose to have the hearing officer’s decision either by way of an oral hearing or, from the papers on file.
The parties have:
- 14 days to request an oral hearing from the date of the letter, or
- 28 days to provide written submissions to allow us to write the decision from the papers already filed.
If one, or both of the parties, requests a main hearing then the tribunal hearings team will appoint a time and date.
Hearings are usually held at our London Office through a video conference link to Newport where the hearing officer is located. Occasionally, we can hold them elsewhere if both parties request it. The parties are also welcome to attend hearings in Newport.
How much do they cost?
We do not charge for hearings, but see our cost of proceedings because there may be cost implications following the hearing.
What happens next?
We will write to all parties concerned to confirm the hearing details once your request is in order.