British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Intellectual Property Office Decisions
You are here:
BAILII >>
Databases >>
United Kingdom Intellectual Property Office Decisions >>
DEVICE ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o02103 (20 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o02103.html
Cite as:
[2003] UKIntelP o02103,
[2003] UKIntelP o2103
[
New search]
[
Printable PDF version]
[
Help]
DEVICE ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o02103 (20 January 2003)
For the whole decision click here: o02103
Trade mark decision
- BL Number
- O/021/03
- Decision date
- 20 January 2003
- Hearing officer
- Mr David Kitchin QC
- Mark
- DEVICE ONLY MARK
- Classes
- 30
- Applicants/Respondents
- Societe des Produits Nestle SA
- Opponents/Appellants
- Kellogg Company & Kellogg Marketing & Sales Co (UK) Ltd
- Appeal to the Appointed Person in Opposition Proceedings
Result
Appeal successful: costs order reduced
Points Of Interest
-
Costs in proceedings before the Registrar.
Summary
The opponents appealed not against the substantive finding (see BL O/323/01) but against the use of a later, increased scale, in awarding costs against them. They also queried the level at which costs had been awarded. The Appointed Person found that the costs awarded had been approximately double the amount indicated by the (unrevised) scale, without any explanation appearing in the Hearing Officer's decision and he reduced the award accordingly.