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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> OLIVER BOND (Trade Mark: Invalidity) [2002] UKIntelP o47102 (20 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o47102.html
Cite as: [2002] UKIntelP o47102
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OLIVER BOND (Trade Mark: Invalidity) [2002] UKIntelP o47102 (20 November 2002)
For the whole decision click here: o47102
Trade mark decision
- BL Number
- O/471/02
- Decision date
- 20 November 2002
- Hearing officer
- Mr E S Smith
- Mark
- OLIVER BOND
- Classes
- 25
- Registered Proprietor
- Aldgate Warehouse Limited
- Applicant for Declaration of Invalidity
- Daniel Melamed
- Application for Invalidation
- Section 47
Result
Costs awarded against registered proprietor.
Points Of Interest
- Costs in proceedings before the Registrar.
Summary
In his written decision on the substantive matter (see BL O/307/02) the Hearing Officer had made no order as to costs. Since then, both sides had made submissions on costs. The registered proprietor believed that each side should bear its own costs; he had only defended the mark up to the time he saw the main evidence, after which they had surrendered the registration. The Hearing Officer noted, however, that the registered proprietor had been made aware of a 'direct hit' well before the filing of the application. Hence, he awarded costs against the registered proprietor but at a level which took account of the promptness of his concession.