Trade mark decision

BL Number

O/082/08

Decision date

18 March 2008

Hearing officer

Mr Geoffrey Hobbs QC

Mark

FIANNA FAEL FINE GAEL

Classes

31, 35, 41

Applicants/Respondent

Patrick Melly

Opponents/Appellants

Fine Gael & Finna Fail

Supplementary decision in respect of an application for a stay of the payment of costs awards pending the outcome of (possible) appeals before OHIM

Result

Application for a stay of payment of costs, refused.

Points Of Interest

• 1. Costs: related proceedings before OHIM.
• 2. Re-visiting of decisions; powers to modify order previously pronounced.
• 3. See also Bl O/043/08

Summary

The applicant/respondent applied for a stay of the payment of the costs awarded following the success of the opponents in the appeal proceedings (see BL O/043/08).

The Appointed Person, however, noted that whatever the grounds on which an appeal might be brought by the opponents respecting the applicant’s CTM application (in which he had so far been successful) they could not include an allegation of bad faith since that particular avenue was not open to them prior to registration (Article 51(1)(b) of the Community Trade Mark Regulation). There was therefore no overlap between the related proceedings. In the interest of ensuring the overall justice of prompt payment of costs, and in the absence of any evidence of financial hardship or inability to pay, the Appointed Person rejected the applicant’s request for a stay.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o08208.html