Trade mark decision

BL Number

O/530/02

Decision date

9 July 2002

Appointed Person

Mr Geoffrey Hobbs KC

Mark

FLASHPOINT

Classes

09

Registered Proprietor/Appellant

Flashpoint International Limited

Applicants for Revocation/Respondent

Flashpoint Technology Limited

Request for security for costs in an appeal to the Appointed Person against the Registrar’s award of costs in Revocation proceedings.

Result

Request for security for costs, granted.

Points Of Interest

• Security for costs; dormant companies.

Summary

At first instance (see BL O/479/01) the registered proprietor had sought actual costs in respect of revocation proceedings which had been withdrawn. The Registrar’s Hearing Officer had awarded scale costs of £735; far below the sum applied for. The registered proprietor appealed to the Appointed Person. The respondent/applicant for revocation sought security for costs in view of the history of parallel proceedings in the High Court in which they had been awarded costs against Flashpoint Limited (amongst others), the registered proprietor at the commencement of the revocation proceedings in the Registry. The mark in suit had been assigned to the present registered proprietor, and the former registered proprietor had then become dormant and had been struck off the register of companies. None of the costs awarded in the High Court had been paid. In these circumstances an order for security for costs was considered appropriate by the Appointed Person, and an order was made accordingly.

Full decision O/530/02 40Kb