Hearsay in Affidavits

hearsay

The Karelia Tobacco Company Inc. owns Israel Trademark No. 103603. Dubak LTD opposed the mark.

Karelia requested that sections of an affidavit by a Mr Gleiberman that was submitted by Dubak should be deleted as being hearsay and beyond that directly known by the Gleiberman.

Ms Yaars Shoshani Caspi, an Adjuicator of IP at the Israel Patent Office ruled that without Mr Gleiberman being cross-examined it was too early to tell with any certainly what parts, if any, were hearsay and what was directly known to him.  She therefore refused to order sections deleted prior to the hearing.

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