Appeal succeeds as refusal of trade mark registration confirmed and costs awarded against applicant

The Court of Appeal overturned the High Court's judgment and confirmed the refusal of registration for two trade mark applications originally sought by the plaintiff, following a successful appeal by the second defendant. The Court found that the second defendant was the rightful proprietor of the marks in question, a conclusion it reached for different reasons to those given by the Controller but nonetheless resulting in affirming the Controller’s refusal to register the trade marks. The Court also ruled in favour of the second defendant on costs, ordering the plaintiff to cover the second defendant's costs at both High Court and Court of Appeal levels. The Court rejected the plaintiff’s specific arguments regarding the precise form of order and interpretation of costs, instead favouring a straightforward confirmation of the refusal and entitlement to full costs, including those incurred after the principal judgment.