Glossary of Trade Marks Tribunal - Glossario Tribunale Marchi

Passing Off

A cause of action that seeks to prevent unregistered trademarks with sufficient goodwill from being misappropriated by a third party.

Pleadings

It is an alternative, technical term for statements and counter-statements. Pleadings serve a simple function by identifying the issues between the parties which may later be the subject of evidence.

Preliminary View

Issued by the Tribunal, to the parties, to indicate its view on a particular matter, for example, refusal of an extension of time or a view that consolidation is appropriate. A period is given for the parties to contest such a decision.

Procedural Hearing

A hearing held in respect of preliminary matters between two or more parties that need to be resolved prior to the substantive hearing.