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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOLEWOOD GARAGE (Trade Mark: Invalidity) [2002] UKIntelP o43002 (18 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o43002.html
Cite as: [2002] UKIntelP o43002
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MOLEWOOD GARAGE (Trade Mark: Invalidity) [2002] UKIntelP o43002 (18 October 2002)
For the whole decision click here: o43002
Trade mark decision
- BL Number
- O/430/02
- Decision date
- 18 October 2002
- Hearing officer
- Dr W J Trott
- Mark
- MOLEWOOD GARAGE
- Classes
- 12, 37
- Applicant for Invalidity
- Douglas James Robb
- Registered Proprietor
- Molewood Garage Limited
- Ivalidity
- Sections 47(1) and 47(2) based on Sections 3(6) and 5(4)(a). Unactioned Form TM 22. Application to cancel mark by the registered proprietor. Rectification of an error in substantive decision.
Result
Unactioned Form TM 22: Costs award reduced.
Error in substantive decision: Costs awarded against the registered proprietor rather than officer of company.
Points Of Interest
- See also BL O/270/02.
Summary
In his substantive decision dated 8 July 2002 (BL O/270/02) the Hearing Officer had found the applicant for invalidity successful and had awarded costs of £1,600 to the applicant.
It subsequently was brought to the Hearing Officer's attention that the registered proprietor had filed a Form TM 22 seeking to cancel the registration in suit. Due to an administration error in the Registry the filing of the Form TM 22 was not drawn to the attention of the applicant or the Hearing Officer. If it had, it might have been possible to avoid the need for a hearing and thus reduce costs of the action. In the circumstances the Hearing Officer reduced the award of costs from £1,600 to £1,100.
The Hearing Officer also noted that in his substantive decision he had awarded costs against Mr Michael Edwards (an officer of the registered proprietors) rather than the registered proprietors Molewood Garage Ltd. This was incorrect and the Hearing Officer therefore awarded costs against Molewood Garage Ltd.