Trade mark decision

BL Number

O/305/98

Decision date

25 January 1998

Hearing officer

Mr Geoffrey Hobbs QC

Mark

UCAL

Classes

02, 40, 42

Applicant for Revocation

Soldan Holding & Bonbonspezialit Aten GmbH

Registered Proprietor

MaCarthys Laboratories Ltd

Revocation

Request for an award of costs

Result

Request for an award of costs - Request successful.

Points Of Interest

• Appeal from Hearing Officer’s decision dated 3 April 1997

Summary

The background to these proceedings was that the applicant had refused to purchase marks, which it knew had not been in use, and the registered proprietor had refused to cancel the marks. It had been prepared to sell the marks to the applicant at £250 per mark. The applicant filed applications for revocation which were granted as the registered proprietor did not defend the registrations. The applicants asked for costs on the normal scale but the award was refused by the Hearing Officer on the basis that there had been further scope for negotiation between the parties which could have avoided the need for revocation.

The Appointed Person decided that on the evidence the Hearing Officer had misdirected himself. An impasse had been reached in the negotiations and the only option open to the applicants was to file for revocation. Having been successful in that regard they were entitled to their costs at the rate of £300 per registration. An additional sum of £200 was awarded in respect of the appeal.