Trade mark decision

BL Number

O/052/02

Decision date

4 February 2002

Hearing officer

Mr Geoffrey Hobbs QC

Mark

TEAM

Classes

30

Registered Proprietor/Appellant

Candy Team Süsswaren GmbH

Applicants for Revocation/Respondents

Mars UK Ltd

Appeal from decision of the Registrar in respect of costs in revocation proceedings

Result

Appeal successful. - Award of costs increased.

Points Of Interest

• 1. Information filed, late, in response to a Rule 57 request should have been considered "in accordance with the logic of the decision requiring the information to be provided in the first place".

Summary

At first instance the Registrar’s Hearing Officer had declined to make an award of costs out with the published scale in favour of the registered proprietor, in respect of a withdrawn revocation action. (See SRIS O/097/01). The registered proprietor appealed to the Appointed Person. Reviewing the matter, the Appointed Person accepted that the original award of costs (£135) had been far too low in relation to the costs reasonably incurred by Candy, but even so, he felt the sum to be awarded should be compensatory, not punitive. He increased the award to £600 and he awarded a further £400 in respect of the appeal hearing.

The Appointed Person remarked that the Registrar’s response in ignoring information filed in response to a Rule 57 request because it arrived 50 minutes late was "disproportionate".