5. Full costs where certificate of use of a trade mark provided to removal applicant

Date Published

Subreg 21.13(1) provides an exception to the determination of costs against the scale in Schedule 8.  A successful opponent to an application under Section 92 may be entitled to have its full costs paid by the removal applicant where the current proceedings have been determined in favour of the opponent and a certificate attesting to use during the alleged period of non-use (provided by the Registrar or a court in earlier proceedings) was notified to the removal applicant either before or on filing the notice of opposition in the current proceedings (subsection 105(2)).