Trade mark decision

BL Number

O/585/01

Decision date

28 December 2001

Hearing officer

Mr Geoffrey Hobbs QC

Mark

JINI

Classes

07, 09, 38, 42

Applicants/Respondents

Sun Micro Systems Inc

Opponents/Appellants

Viglen Ltd

Appeal to the Appointed person against the decision of the Registrar’s Hearing Officer in the matter of security for costs in opposition proceedings

Result

Appeal dismissed.

Points Of Interest

• 1. Security for costs.
• 2. Estoppel : "the rejection of an interlocutory application is not a bar to its renewal if the rejection was not a determination of issues, but merely an exercise of discretion and the decision whether or not to grant a discretionary procedural remedy".

Summary

Having reviewed the Hearing Officer’s decision see O/425/00 and [2001] RPC 461, and after directing the applicants to provide particulars of its business assets in the United Kingdom, the Appointed Person was not willing to depart from that decision regarding security for costs. He did however, see, force in the criticism that Sun Microsystems Inc ought to have provided those particulars at an earlier stage of the application for security for costs. Each side had been ‘rigidly unreceptive to the position adopted by the other’.

The rejection of a similar application in parallel proceedings before the Registrar, however, had not rendered the present request res judicata.

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