Trade mark decision

BL Number
O/113/03
Decision date
3 April 2003
Appointed Person
Mr Geoffrey Hobbs QC
Mark
TY-BO
Classes
41
Applicants
Mr R St Clair
Opponents
B G Star Productions Inc
Award of costs in respect of an appeal to the Appointed Person since deemed abandoned

Result

Costs awarded in respect of abandoned appeal.

Points Of Interest

  • 1. Costs in respect of abandoned proceedings.
  • 2. Applicant not responsible for opponent's costs incurred as a result of a Registry error.

Summary

At first instance (see BL O/315/02) the Registrar’s Hearing Officer had found for the opponents, under Section 5(2)(b). The applicant appealed but did not attend the hearing fixed by the Appointed Person and did not respond to the Treasury Solicitor’s letter. The Appointed Person issued a Default Notice and Directions and the appeal was deemed abandoned. The opponents requested costs in respect of the abandoned appeal. The itemised list included, inter alia, a sum relating to costs incurred because the Registry had not notified the opponents that an appeal had been filed. The Appointed Person ruled that these could not feature in a claim on the appellants. Neither did he feel that the appellants should be required to underwrite the opponents’ decision to incur costs more than 5 times larger than the sum awarded at first instance. He awarded a sum in accordance with the published scale.

Full decision O/113/03 PDF document33Kb