Trade mark decision

BL Number

O/221/03

Decision date

5 August 2003

Hearing Officer

Mr D Landau

Mark

EASE E FINANCE

Classes

09, 16, 36, 42

Applicant

Siemens Financial Services Limited

Opponent

Easygroup IP Licensing Limited

Opposition

1. Sections 5(2)(b), 5(3), 5(4)(a) & 3(6)2. Decision re costs

Result

Decision re costs: - Compensation costs awarded to the applicants.

Points Of Interest

• See Hearing Officer’s decision of 2 June 2003 (BL O/190/03).

Summary

As regards costs the applicants had submitted at the Hearing that they should receive an award of costs at the top end of the scale since the opponents had submitted material without highlighting the relevant parts; some was illegible due to poor copying and part of it was in a foreign language with no translation. Additionally, the opponents had raised a ground of opposition under Section 3(6) but had put in no evidence or argument to substantiate that ground. However, the applicants had had to respond and much of the evidence of one of their declarants, a Ms Wilson went to that issue.

The Hearing Officer accepted the thrust of the applicants’ submissions and indicated that he would compensate for the cost of Ms Wilson’s declaration and asked for a breakdown of costs. In the event a figure of £2,450 plus vat was provided by the opponents and the Hearing Officer directed that the applicants should receive the sum of £2,000 in addition to the normal award of £2,300, making a total of £4,300. The Hearing Officer considered that the award reflected the

Full decision O/221/03 14Kb