Trade mark decision

BL Number

O/033/03

Decision date

31 January 2003

Hearing Officer

Dr W J Trott

Mark

COFFEE TIME DONUTS

Classes

30, 35, 42

Applicants

Coffee Time Donuts Incorporated

Opponents

William Frederick Web

Request for Security for Costs in Opposition Proceedings

Result

Security for costs ordered; failure to comply with which would result in opposition being deemed abandoned.

Points Of Interest

• Security for costs

Summary

The opponent claimed to have used the mark COFFEE TIME DONUTS & DESSERTS for a number of years. The applicants asked for security for costs in light of the fact that the opponent had failed to pay them in accordance with the decision in a previous invalidation action in which his mark had been removed from the register (see BL O/245/01).

The Registrar had accordingly indicated that she was minded to order security for costs in the sum of £1,000 and the opponent sought a hearing on this point, a hearing which he subsequently sought to postpone. The costs in respect of the original substantive hearing had still not been paid. The Hearing Officer reviewed the matter in the light of the facts and the established law and practice and confirmed that security for costs, in the sum of £1,000 should be paid into the Registry by 12 February 2003; failure to comply with the order would result in the opposition's being deemed abandoned.

Full decision O/033/03 47Kb