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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RED LETTER (Trade Mark: Opposition) [2003] UKIntelP o12603 (6 May 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o12603.html
Cite as: [2003] UKIntelP o12603
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RED LETTER (Trade Mark: Opposition) [2003] UKIntelP o12603 (6 May 2003)
For the whole decision click here: o12603
Trade mark decision
- BL Number
- O/126/03
- Decision date
- 6 May 2003
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- RED LETTER
- Classes
- 09, 14, 16, 18, 21, 22, 25, 26, 33, 36, 39, 41, 42
- Applicant
- Red Letter Days Plc
- Opponent
- Redenvelope Inc
- Opposition
- Appeal not pursued. Costs awarded to applicants.
Result
Costs claimed by applicants - Costs awarded
Points Of Interest
- 1. See also Hearing Officer’s decision of 17 May 2002 (BL O/210/02) and Appointed Person’s directions re costs 1 April 2003 (BL O/084/03).
Summary
The Appointed Person reviewed the circumstances surrounding the appeal and concluded that the opponents had kept their options open for a considerable period in case they decided to pursue it. That decision may have been affected by another Registry decision on 22 August 2002 but the appeal had not been withdrawn until March 2003.
The applicants claimed costs of £483 and this amount was disputed by the opponents – particularly a claim for £216 for reviewing the Hearing Officer’s decision prior to the appeal being lodged. The Appointed Person considered that it was reasonable to include this charge, being part of the review procedure, and awarded the applicants the sum of £450.