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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 >> FIANNA FAEL FINE GAEL (Trade Mark: Opposition) [2008] UKIntelP o08208 (18 March 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o08208.html Cite as: [2008] UKIntelP o8208, [2008] UKIntelP o08208 |
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For the whole decision click here: o08208
Result
Application for a stay of payment of costs, refused.
Points Of Interest
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.
