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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TEAM (Trade Mark: Revocation) [2002] UKIntelP o05202 (4 February 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o05202.html Cite as: [2002] UKIntelP o05202, [2002] UKIntelP o5202 |
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For the whole decision click here: o05202
Result
Appeal successful. - Award of costs increased.
Points Of Interest
Summary
At first instance the Registrar’s Hearing Officer had declined to make an award of costs out with the published scale in favour of the registered proprietor, in respect of a withdrawn revocation action. (See SRIS O/097/01). The registered proprietor appealed to the Appointed Person. Reviewing the matter, the Appointed Person accepted that the original award of costs (£135) had been far too low in relation to the costs reasonably incurred by Candy, but even so, he felt the sum to be awarded should be compensatory, not punitive. He increased the award to £600 and he awarded a further £400 in respect of the appeal hearing.
The Appointed Person remarked that the Registrar’s response in ignoring information filed in response to a Rule 57 request because it arrived 50 minutes late was "disproportionate".
