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trade marks

(Querist) 01 August 2008 This query is : Resolved 
in an application for trade marks we have filed objections.while upholding our objections certain amount of costs have been imposed on the applicant. how do we recover such costs? should we send a letter ourselves or the registrar of tms direct them to pay us?
ESTHERPRIYA (Expert) 01 August 2008
Look in this issue the you have to go by the order of the TM registry. If the order says barely then you have a get a interpretation from it. With out the contents of the order and what is stated in it nothing can be stated as there is two mode as the costs is paid towards the fund of the registry and the other is to pay towards the objector. so I am sorry that i cant reply correctly without the contents of the order.
KANDE VENKATESH GUPTA (Expert) 01 August 2008
According to you, your objections are allowed with costs. Then, you have to file costs memo into the court. If the other party did not deposit the amount as per the directions, you have to file an application for enforcement of the order
RADHA PYARI SRIPADA (Querist) 02 August 2008
thank you for your response.
costs imposed by tm Registry against the applicant. costs awarded to opponents of the application. what is the procedure to recover such costs from the applicant. this is not a court matter but it is an award passed by the tm registry.
Srinivas.B.S.S.T (Expert) 03 August 2008
If Tm registry has an authority to impose costs like a civil court then it must have the autority to collect them also. File a costs memo and if the applicant fails to pay them you can always file a petition before the authority.
Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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