Trade mark decision

BL Number
Decision date
20 November 2002
Hearing Officer
Mr E S Smith
Registered Proprietor
Aldgate Warehouse Limited
Applicant for Declaration of Invalidity
Daniel Melamed
Application for Invalidation
Section 47


Costs awarded against registered proprietor.

Points Of Interest

  • Costs in proceedings before the Registrar.


In his written decision on the substantive matter (see BL O/307/02) the Hearing Officer had made no order as to costs. Since then, both sides had made submissions on costs. The registered proprietor believed that each side should bear its own costs; he had only defended the mark up to the time he saw the main evidence, after which they had surrendered the registration. The Hearing Officer noted, however, that the registered proprietor had been made aware of a 'direct hit' well before the filing of the application. Hence, he awarded costs against the registered proprietor but at a level which took account of the promptness of his concession.

Full decision O/471/02 PDF document8Kb