WEST LAKES - 0790769

• Administrative Decision Number: 0790769
• Date: 07 June 2019
• opponent: Westlake Chemical Corporation
• Section: Trade Marks Act, 1996 - 2018 - Current

1

TRADE MARKS ACT, 1996

Decision in Hearing

IN THE MATTER OF an application for the revocation of the registration of Trade

Mark No. 0790769 and in the matter of the registered Proprietor’s opposition

thereto.

WESTLAKE CHEMICAL CORPORATION Applicant for Revocation

ZHONGCE RUBBER GROUP COMPANY LIMITED Proprietor

The registered trade mark

1. Zhongce Rubber Group Company Limited (hereinafter “the Proprietor”) of No. 2

10th Avenue, Hangzhou Economic and Technological Development Zone,

Hangzhou, Zhejiang, China is the registered Proprietor of the International

Registration (hereinafter “WESTLAKE”), which is

registered under No. 0790769 in respect of “Inner tubes and tyre covers for

various kinds of vehicles; inner tubes and tyre covers for bicycles.” in Class 12.

2. The application for the International Registration designating Ireland was filed

with the World Intellectual Property Organisation (WIPO) on 29 May, 2006.

Publication of the registration of the mark appeared in Journal No. 2072 on 16

May, 2007.

The application for revocation

3. On 22 May 2018 Westlake Chemical Corporation of 2801 Post Oak Boulevard,

Huston, Texas 77056, USA (hereinafter “the Applicant”), made an application for

the revocation of the registration pursuant to the provisions of Section 51 of the

Trade Marks Act, 1996 (“the Act”). The Applicant states the application for

revocation flows from an application by the Proprietor to cancel the Applicant’s

European Union Trade Mark Registration No. 012716520 WESTLAKE in

stylised form. Enquiries carried out by the Applicant in those proceedings