7. Award of costs

Date Published

In opposition proceedings the Registrar has the power to award costs (s 221(1)) up to the limit in the official scale (Schedule 8 of the Regulations), or as is considered reasonable in the case of failure to file a summary of submissions (regs 21.13(1), 5.17(7), 9.20(6), 17A.34M(7) and 17A.48V(6). Generally costs are awarded when the opposition is decided and are usually in favour of the successful party.  If no decision is made because opposition proceedings have been discontinued, either of the parties may apply for costs.  However, the Registrar is unlikely to make an award unless there is good reason to do so.  The onus is on the party applying for costs to make out its case.