Trade mark decision
- BL Number
- O/181/05
- Decision date
- 24 March 2005
- Appointed Person
- Mr David Kitchin QC
- Mark
- FAIRLIGHT
- Classes
- 34
- Applicant
- Alex E Hertlein
- Opponent
- Rothmans of Pall Mall Limited (London) & Rothmans of Pall Mall Limited (Switzerland)
- Appointed Person
- 1. Sections 3(6) & 5(4)(a). 2. Request for an award of costs.
Result
Request for an award of costs: - Request successful.
Points Of Interest
- 1. See also BL O/280/03 and BL O/123/04
Summary
In her decision dated 16 September 2003 (BL O/280/03) the Hearing Officer dismissed the opposition and awarded costs to the applicant. As the applicant had filed no evidence the sum awarded was £1,000.
The opponent appealed to the Appointed Person and the Registrar requested that the appeal be referred to the High Court. After hearing the parties, who both opposed the request to refer the proceedings to the High Court, the Appointed Person decided in his decision dated 3 March 2004 (BL O/123/04) that the proceedings should be referred to the High Court as requested by the Registrar.
Subsequently, the opponent decided not to pursue the appeal and the applicant asked for an award of costs. A sum of £2,000 was requested. The Appointed Person reviewed the proceedings; considered the award of the Hearing Officer and decided that an appropriate award would be £1,250. He so ordered.
Full decision O/181/05 
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