Trade mark decision

BL Number

O/430/02

Decision date

18 October 2002

Hearing Officer

Dr W J Trott

Mark

MOLEWOOD GARAGE

Classes

12, 37

Applicant for Invalidity

Douglas James Robb

Registered Proprietor

Molewood Garage Limited

Ivalidity

Sections 47(1) and 47(2) based on Sections 3(6) and 5(4)(a). Unactioned Form TM 22. Application to cancel mark by the registered proprietor. Rectification of an error in substantive decision.

Result

Unactioned Form TM 22: Costs award reduced.

Error in substantive decision: Costs awarded against the registered proprietor rather than officer of company.

Points Of Interest

• See also BL O/270/02.

Summary

In his substantive decision dated 8 July 2002 (BL O/270/02) the Hearing Officer had found the applicant for invalidity successful and had awarded costs of £1,600 to the applicant.

It subsequently was brought to the Hearing Officer's attention that the registered proprietor had filed a Form TM 22 seeking to cancel the registration in suit. Due to an administration error in the Registry the filing of the Form TM 22 was not drawn to the attention of the applicant or the Hearing Officer. If it had, it might have been possible to avoid the need for a hearing and thus reduce costs of the action. In the circumstances the Hearing Officer reduced the award of costs from £1,600 to £1,100.

The Hearing Officer also noted that in his substantive decision he had awarded costs against Mr Michael Edwards (an officer of the registered proprietors) rather than the registered proprietors Molewood Garage Ltd. This was incorrect and the Hearing Officer therefore awarded costs against Molewood Garage Ltd.

Full decision O/430/02 12Kb