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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CHINA WHITE (Trade Mark: Opposition) [2002] UKIntelP o05402 (8 January 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o05402.html Cite as: [2002] UKIntelP o05402, [2002] UKIntelP o5402 |
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For the whole decision click here: o05402
Result
Request by applicants to have further evidence admitted into proceedings (Rule 13(11). Evidence admitted.
Points Of Interest
Summary
The hearing to decide this case had been set down for 5 December 2001 but as the opponents had appointed new representatives a request was made for the hearing to be postponed. This was agreed by the Hearing Officer who then went on to consider the matter of evidence which the applicant sought leave to file under Rule 13(11) of the Trade Mark Rules 2000.
It would appear that at a late stage in the proceedings the applicant became aware that the words CHINA WHITE have a meaning relating to heroin and he wished to file evidence as to the suitability of the mark for use in relation to nightclub services and alcoholic beverages. The Hearing Officer recognised that if he allowed the new evidence into the proceedings it amounted to a new defence since this matter had not been referred to in the counterstatement.
Both sides argued the pros and cons of allowing the evidence to be accepted with reference to the criteria set down in the SWISS MISS case. Having considered the arguments and the surrounding circumstances the Hearing Officer allowed the evidence to be admitted. The applicant was then allowed a period of one week to file an amended counterstatement. The Hearing Officer also ordered that one of the witness statements would not be available for public inspection.
