Trade mark decision

BL Number: O/091/05
Decision date: 7 April 2005
Hearing Officer: Mr M Reynolds
Mark: ELLE
Classes: 09, 18, 24, 25, 26
Registered Proprietor: Hachette Filipacchi Presse
Applicants for Revocation: Saprotex International (Proprietary) Limited
Application for Revocation: Section 46(1)(b)

Result

Costs considered and an award made.

Points Of Interest

1. Costs in proceedings before the Registrar; evidence "without prejudice save as to costs".

Summary

At the main hearing of these revocation applications (see BL O/379/04, BL O/380/04 and BL O/381/04) the Hearing Officer was asked to reserve his decision on the matter of costs until he had seen “without prejudice save as to costs” evidence and heard submissions relative to it.

This supplementary decision sets out his findings in the matter.

The outcome of the substantive actions involved a measure of success for both sides. In those circumstances the Hearing Officer would normally have awarded costs to neither side. He maintained that general position but made a small award of costs to the applicant to reflect some additional work involved in the scrutiny of the registered proprietor’s evidence.

Full decision O/091/05 26Kb