Trade mark decision

BL Number

O/196/04

Decision date

16 June 2004

Appointed Person

Mr Geoffrey Hobbs KC

Mark

PRESIDENTE

Classes

32

Applicants/Respondents

Cerveceria Nacional Dominicana

Opponents/Appellants

BSA (Formerly Besnier SA)

Appeal to the Appointed Person in Opposition Proceedings

Result

Costs awarded to the applicant in respect of the abandoned appeal.

Points Of Interest

• 1. Costs in proceedings before the Appointed Person : established practice.

Summary

The opponent (the losers at first instance – see BL O/211/02) had appealed to the Appointed Person but had, in agreement with the other party, sought a deferment of the hearing, in hopes of a settlement. No settlement had been achieved, and the appellant withdrew their appeal. Now the applicant sought an award of costs in respect of the abandoned appeal.

The Appointed Person requested relevant information, in accordance with established practice set out in various decisions (BL O/269/02, BL O/074/03, BL O/084/03 and BL O/126/03).

Having considered the information provided, the Appointed Person made an award of costs in accordance with the Registrar’s published scale.

Full decision O/196/04 14Kb