FOI release
Trade marks: objections, hearings and appeals
Updated 20 February 2015
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| 5. Trade Marks: Objections, Hearings and Appeals | |||
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| This table shows the number of hearings and appeals against Trade Marks by the parties independent of IPO Office. | Not set | Not set | Not set |
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| Ex-parte proceedings (a) covers applications under Section 37 of the Trade Marks Act 1994. When an objection to the registrability of a mark is raised during the examination process, the applicant/attorney has the right to request an oral hearing with an IPO Hearings Officer. Based upon the facts presented at the Hearing, the IPO Hearings Officer will decide whether the objection can be waived or maintained. | Not set | Not set | Not set |
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| The IPO Hearings Officer is impartial and is not involved in the original decision (Hearings - Ex Parte). | Not set | Not set | Not set |
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| Decisions of the Office can be appealed to an independent party specialising in Intellectual Property issues (Appeals to the Appointed Person) or to the Court. (Appeals made directly to Court). | Not set | Not set | Not set |
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| If the objection is overcome, the mark can proceed to publication in the Trade Marks Journal. | Not set | Not set | Not set |
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| Hearings - Ex Parte (a) - | 2012 | 2013 | Not set |
| Number appointed | 932 | 877 | Not set |
| Number postponed etc | 78 | 102 | Not set |
| Number withdrawn before Hearings | 95 | 48 | Not set |
| Number taken | 798 | 796 | Not set |
| Number not yet taken | 204 | 101 | Not set |
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| Refusals | 2012 | 2013 | Not set |
| Written grounds issued | 16 | 7 | Not set |
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| Appeals to Appointed Person (Ex Parte cases) | 2012 | 2013 | Not set |
| Pending at beginning of year | 3 | 1 | Not set |
| Lodged during the year | 4 | 5 | Not set |
| Withdrawn | 0 | 0 | Not set |
| Dismissed | 5 | 2 | Not set |
| Allowed | 1 | 0 | Not set |
| Transferred to High Court | 0 | 0 | Not set |
| Decision set aside, Referred back to Registry | 0 | 0 | Not set |
| Pending at end of year | 1 | 4 | Not set |
| Not set | Not set | Not set | Not set |
| Appeals made direct to the Court (Ex Parte cases) | 2012 | 2013 | Not set |
| Pending at beginning of year | 0 | 0 | Not set |
| Lodged during the year | 0 | 0 | Not set |
| Withdrawn | 0 | 0 | Not set |
| Dismissed | 0 | 0 | Not set |
| Allowed | 0 | 0 | Not set |
| Referred to ECJ | 0 | 0 | Not set |
| Pending at end of year | 0 | 0 | Not set |
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| Data Source - IPO Data | Not set | Not set | Not set |