Trade mark decision

BL Number

O/078/03

Decision date

10 March 2003

Hearing officer

Professor Ruth Annand

Mark

DRILLVAC

Classes

07

Applicant

Owen Lewis Richardson

Opponent

Alouette Innovation Limited

Opposition

Appeal to the Appointed person in Opposition Proceedings

Result

Costs awarded in respect of the abandoned appeal.

Points Of Interest

• 1. Costs in proceedings before the Appointed Person.
• 2. 'Compensatory costs' ie damages, not a matter for the Appointed Person.

Summary

At first instance (see BL O/105/02) the Hearing Officer had found for the opponents under Section 5(4)(a). The applicant had first appealed that decision to the Appointed Person and then abandoned the appeal. The matter of costs was then considered by the Appointed person. She first stated that she had no jurisdiction to increase the award of costs made by the Hearing Officer. She did, however, have the power to make an award of costs to the opponents consequent upon the abandonment of the applicant’s appeal. The “compensatory costs” (in reality damages) claimed by the opponents, arising from disruption of their business activities however, would have to be pursued elsewhere. Having considered the costs incurred in the abandoned appeal, the Appointed Person awarded the opponents the sum of £400 (based on the Registrar’s scale of costs).

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o07803.html