A word of warning: the UKIPO and IPEC can remove the cost cap
where they feel the circumstances warrant it, particularly if a
party acts very unreasonably.
Parties in proceedings in the UK IP Office (UKIPO) and the
Intellectual Property Enterprise Court (IPEC) can usually enjoy the
protection of scaled costs in proceedings. This means that, for
each stage of the proceedings, there is a maximum level of costs
that the court or the UKIPO will award, regardless of the actual
costs incurred and, as a result, the UKIPO and IPEC are popular
forums for handling trade mark disputes.
However, both the UKIPO and IPEC can remove the cost cap where
they feel the circumstances warrant it, particularly if a party
acts very unreasonably. Even then, there is a real reluctance to
lift the cap unless the behaviour is particularly egregious.
