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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> COFFEE TIME DONUTS (Trade Mark: Opposition) [2003] UKIntelP o03303 (31 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o03303.html
Cite as: [2003] UKIntelP o3303, [2003] UKIntelP o03303
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COFFEE TIME DONUTS (Trade Mark: Opposition) [2003] UKIntelP o03303 (31 January 2003)
For the whole decision click here: o03303
Trade mark decision
- BL Number
- O/033/03
- Decision date
- 31 January 2003
- Hearing officer
- Dr W J Trott
- Mark
- COFFEE TIME DONUTS
- Classes
- 30, 35, 42
- Applicants
- Coffee Time Donuts Incorporated
- Opponents
- William Frederick Web
- Request for Security for Costs in Opposition Proceedings
Result
Security for costs ordered; failure to comply with which would result in opposition being deemed abandoned.
Points Of Interest
- Security for costs
Summary
The opponent claimed to have used the mark COFFEE TIME DONUTS & DESSERTS for a number of years. The applicants asked for security for costs in light of the fact that the opponent had failed to pay them in accordance with the decision in a previous invalidation action in which his mark had been removed from the register (see BL O/245/01).
The Registrar had accordingly indicated that she was minded to order security for costs in the sum of £1,000 and the opponent sought a hearing on this point, a hearing which he subsequently sought to postpone. The costs in respect of the original substantive hearing had still not been paid. The Hearing Officer reviewed the matter in the light of the facts and the established law and practice and confirmed that security for costs, in the sum of £1,000 should be paid into the Registry by 12 February 2003; failure to comply with the order would result in the opposition's being deemed abandoned.