Elle (Trade Mark: Revocation) – O/091/05: IPO 7 Apr 2005

IPO Costs in proceedings before the Registrar; evidence ‘without prejudice save as to costs’. – At the main hearing of these revocation applications (see BL O/379/04, BL O/380/04 and BL O/381/04) the Hearing Officer was asked to reserve his decision on the matter of costs until he had seen ‘without prejudice save as to costs’ evidence and heard submissions relative to it.
This supplementary decision sets out his findings in the matter.
The outcome of the substantive actions involved a measure of success for both sides. In those circumstances the Hearing Officer would normally have awarded costs to neither side. He maintained that general position but made a small award of costs to the applicant to reflect some additional work involved in the scrutiny of the registered proprietor’s evidence.

Mr Reynolds
O/091/05, Rev 81506 Rev 81507 Rev 8150, [2005] UKIntelP o09105
PO, Bailii
England and Wales

Intellectual Property

Updated: 19 January 2022; Ref: scu.456278