Scotch Whisky Association v Jin Ho Lee and Myong Gil Lee

The Scotch Whisky Association (Opponent) opposed applications by Jin Ho Lee and Myong Gil Lee (Applicants) to register two trade marks. The proceedings were before the Registrar of Trade Marks.

The Registrar was required to decide whether to refuse or register the Applicants' trade mark applications, having regard to the grounds on which the applications were opposed. The Registrar was also required to determine the costs of the proceedings.

The Registrar reasoned that the Opponent had been successful in the opposition proceedings and was therefore entitled to its costs. The Registrar noted that the Applicants had not participated in the proceedings, despite having the opportunity to withdraw their applications. The Registrar awarded costs to the Opponent at the Official Scale for the preparation of evidence and at two-thirds of the Official Scale for attendance at the hearing, reflecting the separate considerations for each trade mark and the fact that the matters were separately argued.