Trade mark decision

BL Number

O/021/03

Decision date

20 January 2003

Appointed Person

Mr David Kitchin QC

Mark

DEVICE ONLY MARK

Classes

30

Applicants/Respondents

Societe des Produits Nestle SA

Opponents/Appellants

Kellogg Company & Kellogg Marketing & Sales Co (UK) Ltd

Appeal to the Appointed Person in Opposition Proceedings

Result

Appeal successful: costs order reduced

Points Of Interest

• Costs in proceedings before the Registrar.

Summary

The opponents appealed not against the substantive finding (see BL O/323/01) but against the use of a later, increased scale, in awarding costs against them. They also queried the level at which costs had been awarded. The Appointed Person found that the costs awarded had been approximately double the amount indicated by the (unrevised) scale, without any explanation appearing in the Hearing Officer's decision and he reduced the award accordingly.

Full decision O/021/03 18Kb