Trade mark decision

BL Number

O/471/02

Decision date

20 November 2002

Hearing Officer

Mr E S Smith

Mark

OLIVER BOND

Classes

25

Registered Proprietor

Aldgate Warehouse Limited

Applicant for Declaration of Invalidity

Daniel Melamed

Application for Invalidation

Section 47

Result

Costs awarded against registered proprietor.

Points Of Interest

• Costs in proceedings before the Registrar.

Summary

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 8Kb