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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KIM (Trade Mark: Revocation) [2008] UKIntelP o11108 (15 April 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o11108.html
Cite as: [2008] UKIntelP o11108
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KIM (Trade Mark: Revocation) [2008] UKIntelP o11108 (15 April 2008)
For the whole decision click here: o11108
Trade mark decision
- BL Number
- O/111/08
- Decision date
- 15 April 2008
- Hearing officer
- Mr A James
- Mark
- KIM
- Classes
- 25
- Applicant for Revocation
- Lonsdale Sports Limited
- Registered Proprietor
- Topward Limited trading as Kim Fashions
- Revocation
- Award of Costs
Result
Application for Revocation: Application refused.
Points Of Interest
- See also decision dated 9 January 2008 (BL O/004/08).
Summary
In his decision dated 9 January 2008 (BL O/004/08) the Hearing Officer refused the application for revocation and awarded costs to the registered proprietor.
During the proceedings the applicant for revocation had requested cross-examination of three of the proprietor’s witnesses and the Hearing Officer agreed that the proprietor should be recompensed for such additional costs. He, therefore, asked the proprietor to provide travel costs for its two employees and the extra costs of the third witness, its Trade Mark Attorney.
In the event the proprietor claimed for loss of time for its two employees in addition to their travelling costs and also some £435 in respect of the Trade Mark Attorney. The application for revocation objected.
The Hearing Officer allowed the travelling costs of the proprietor’s two employees, £70 and the maximum of £250 for the Trade Mark Attorney. Additionally, as a result of the applicant’s objections the proprietor was required to file a further witness statement at a cost of £145. The total costs award, therefore, increased by £465 from £1,850 to £2,315.