CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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TUESDAY, 27 MAY 2008
The cost of victory ... nearly
Tags: 'Slip rule', correction of order, costs,
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The cost of victory ... nearly
"At paragraph 37 of my earlier decision I found that the applicant had been successful and that they were entitled to a contribution towards their costs. However, in paragraph 39, I ordered the applicant to pay the opponent the sum of £432 rather than ordering the opponent to pay the applicant this sum. This was merely an error of a typographical nature. By utilising the “slip rule” provided by Rule 40.12 of the Civil Procedure Rules, I correct this error by amending the erroneous wording with an order than that the opponent (Linda Barrie) must pay the applicant (The Chocolate Affair) the sum of £432".Class 46 comment: where parties are referred to by their status ('applicant', 'opponent', 'respondent', 'appellant' etc), opportunities for error of this nature frequently arise. The situation is compounded in the case of Community trade marks when, for example, the party seeking annulment of a Board of Appeal decision to allow a CTM application is called the 'applicant', since he is applying for the decision to be set aside, even though the other party is the 'applicant' for registration. Although errors of this nature are, fortunately, not too frequent, they can be avoided completely by referring to the parties by their actual names. Posted by: Blog Administrator @ 12.39
Tags: 'Slip rule', correction of order, costs,
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