Trade mark decision

BL Number: O/269/02
Decision date: 12 June 2002
Appointed Person: Mr Geoffrey Hobbs KC
Mark: CDCARD
Classes: 16
Registered Proprietor: Tabak Marketing Ltd
Applicants for Revocation/Invalidity: VFM Children’s Entertainment Ltd; Appeal to the Appointed Person in respect of a preliminary hearing in Revocation and Invalidation Proceedings..

Result

Costs awarded to respondent.

Points Of Interest

1. Costs : Abandonment of appeal indistinguishable from dismissal by consent.

Summary

At a preliminary hearing in these proceedings the Registrar’s Hearing Officer had refused the applicants an extension of time in which to file evidence in reply (see BL O/243/01). The applicants appealed to the Appointed Person. In the meantime they had succeeded in their invalidation/revocation action (see BL O/173/02). They withdrew their appeal; the registered proprietor therefore applied for costs in respect of the abandoned appeal.

The Appointed Person ruled that the abandonment of an appeal is "indistinguishable from a dismissal of the appeal by consent", and an award of costs to the respondent was therefore appropriate. After consideration of submissions from both sides the Appointed Person made an award of costs to the registered proprietor, within the Registrar’s published scale.

Full decision O/269/02 18Kb