NIPC Law

C ontains public sector information licensed under the Open Government Licence v3.0 . Jane Lambert The CEO of the Intellectual Property Office, who is known as "the registrar" in trade mark proceedings pursuant to s.62 of the Trade Marks Act 1994, exercises judicial as well as executive functions.  He or she adjudicates disputes between applicants for trade marks and examiners known as ex parte proceedings. The registrar also decides disputes between applicants or registered proprietors and third parties that are known as  inter pates proceedings". The registrar's judicial functions are performed on his or her behalf by officials known as "hearing officers" though they are not mentioned in the legislation.  I discussed ex parte hearings in If the examiner says "no" - ex parte hearings in the Trade Marks Registry   in NIPC London on 10 Aug 2015 and inter partes hearings in Oppositions in the IPO's Trade Mark Registry   in the same publicati...

Author Coolcaesar    Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Chancery Division (Mr Justice Richards) Instagram LLC v Meta 404 Ltd [2023] EWHC 436 (Ch) (3 March 2023) This was an appeal by Instagram LLC ("Instagram") against Mr Salthouse's decision to allow E E & T Limited's application to register SOUNDGRAM as a trade make for various services in class 38 to proceed to grant (see Instagram LLC v EE & T Limited. BL O/060/22 22 Jan 2022), Following Mr Salthouse's decision E E & T Limited assigned the trade mark application to Meta 104 Ltd ("Meta"). The parties agreed that Meta should be substituted as the respondent.  The appeal came on before Mr Justice Richards on 9 Feb 2023.  By his judgment of 3 March 2023, His Lordship dismissed Instagram's appeal (see Instagram LLC v Meta 404 Ltd [2023] EWHC 436 (Ch) (3 March 2023)), The Opposition Instagram   opposed the application under s.5 (2) (b) and s.5 (3) of the Tr...