Trade mark decision

BL Number

O/126/03

Decision date

6 May 2003

Hearing officer

Mr Geoffrey Hobbs QC

Mark

RED LETTER

Classes

09, 14, 16, 18, 21, 22, 25, 26, 33, 36, 39, 41, 42

Applicant

Red Letter Days Plc

Opponent

Redenvelope Inc

Opposition

Appeal not pursued. Costs awarded to applicants.

Result

Costs claimed by applicants - Costs awarded

Points Of Interest

• 1. See also Hearing Officer’s decision of 17 May 2002 (BL O/210/02) and Appointed Person’s directions re costs 1 April 2003 (BL O/084/03).

Summary

The Appointed Person reviewed the circumstances surrounding the appeal and concluded that the opponents had kept their options open for a considerable period in case they decided to pursue it. That decision may have been affected by another Registry decision on 22 August 2002 but the appeal had not been withdrawn until March 2003.

The applicants claimed costs of £483 and this amount was disputed by the opponents – particularly a claim for £216 for reviewing the Hearing Officer’s decision prior to the appeal being lodged. The Appointed Person considered that it was reasonable to include this charge, being part of the review procedure, and awarded the applicants the sum of £450.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o12603.html