Societe Guy Laroche v Uniopt GmbH

Societe Guy Laroche (the applicant) sought reimbursement of costs incurred in preparing its case for a hearing before Deirdre O'Brien in the Trade Marks Hearings. Uniopt GmbH (the opponent) had opposed the applicant's application, and the applicant had filed extensive written submissions addressing the grounds of opposition and the opponent's evidence.

The primary issue before the court was whether the applicant was entitled to recover the costs it incurred in preparing its case for the hearing, specifically the sum of $360.

Deirdre O'Brien, sitting in the Trade Marks Hearings, considered the applicant's written submissions, which were nine pages long and addressed all grounds of opposition and the opponent's evidence. These submissions were also the subject of rebuttal submissions by the opponent. Being satisfied that the applicant had incurred costs in preparing its case for the hearing and that it was appropriate for these costs to be reimbursed according to the official scale, the court reviewed the taxation of these costs.

The court affirmed the taxation and confirmed that the certified costs would include the $360 for costs incurred in preparing the case for hearing.