Trade mark decision

BL Number
Decision date
2 March 2000
Appointed Person
Mr S Thorley QC
16, 22, 25, 35, 41
Applicant for Revocation & Invalidation
Trocadero PLC
Registered Proprietor
Nicholas Dynes Gracey
Revocation & Invalidation
Appeal Re Costs


Appeal re costs - Appeal allowed but no costs awarded

Points Of Interest

  • The registered proprietor also asked the Appointed Person to amend certain matters in his decision of 6 December 1999. Having considered the request the Appointed Person decided that only one minor amendment was necessary.


In his decision dated 1 October 1999 (SRIS O/336/99) the Hearing Officer essentially allowed Revocation and Invalidation. The registered proprietor appealed that decision to the Appointed Person on the basis that he had requested to be heard before the Registrar issued his decision and that request had been overlooked. In his decision dated 6 December 1999 (SRIS O/440/99) the Appointed Person set aside the Hearing Officer’s decision and remitted the matter to the Registrar. The registered proprietor appealed on the matter of costs.

The registered proprietor sought costs either from the Registrar because he felt that the case had not been handled effectively and/or against the applicant for revocation and invalidation because they had in effect added to the mis-handling of the case.

The Appointed Person stated that the Hearing Officer had been acting in a judicial capacity when he had issued his decision dated 1 October 1999. The fact that that decision had been set aside was not a good or indeed any reason for awarding costs against the Registrar. Additionally as the applicant had only played a small part in the appeal there was no grounds for awarding costs against it. In conclusion the Appointed Person decided that the right decision was to decline to make any award of costs to either party.

Full decision O/119/00 PDF document14Kb