Trade mark decision

BL Number

O/251/08

Decision date

3 September 2008

Hearing Officer

Mr M Foley

Mark

FAB CAFE

Classes

41, 43

Applicant

TV21 Café Bar Limited

Opponent

Jordan Michael Royce

Opposition

Costs award in Opposition proceedings

Result

Claim for “off the scale” costs allowed.

Points Of Interest

• One of the highest costs award by the Registrar.

Summary

In his decision dated 1 May 2008 (BL O/126/08) the Hearing Officer found in favour of the opponent. The opponent requested an “off the scale” award of costs because of the conduct of the applicant and subsequently filed written submissions together with an itemised list of costs amounting to £22,334.56.

The Hearing Officer carried out a full review of the proceedings and noted that the applicant had filed a counterstatement which merely denied the grounds of opposition. It had requested additional time to file its evidence but in the event had filed no evidence. Nor did it make submissions prior to the hearing or comment on the opponent’s request for costs above the normal scale costs. As the opponent’s submissions were uncontested the Hearing Officer accepted that the application in suit had been filed as a “spoiling tactic” and to cause the opponent unnecessary expense in filing the opposition proceedings; proceedings in which the application had taken little part other than to delay matters by requesting extensions of time to file evidence which in the event it did not do.

After carefully considering the total cost for expenses of £22,334.56 the Hearing Officer allowed some £15,477.50 plus VAT of £2,708.56, a total of £18,186.06.

Full decision O/251/08 55Kb