AIWA - 124273-150506 150507

Administrative Decision Number124273-150506 150507
Date17 April 2020
opponentAIWA Company Limited
SectionTrade Marks Act, 1996 - 2018 - Current
Decision in Hearing
IN THE MATTER OF applications for the revocation of registered Trade Mark Nos. 124273,
150506 and 150507 and in the matter of the Proprietor’s opposition thereto.
AIWA CORPORATION Applicant for Revocation
(Represented by Tomkins & Co.)
(Represented by FRKelly)
The registered trade marks
1. The three trade marks the subjects of these proceedings are all in respect of the word
AIWA, the details of which are set out below.
Trade mark and
Date of
Class & Goods
Class 9: Electronic calculators, computers, data
recorders, modems, modulators, demodulators,
streamers, disk drive units, packet radio
controllers, acoustic couplers and other terminal
and peripheral devices for computers, floppy
disks (blank and recorded), computer soft wares.
Class 9: Scientific, nautical, surveying, electric,
photographic, cinematographic, optical,
weighing, measuring, signalling, checking
(supervision), life-saving and teaching apparatus
and instruments; apparatus for recording,
transmission or reproduction of sound or
images; magnetic data carriers, recording discs;
automatic vending machines and mechanisms
for coin operated apparatus; cash registers,
calculating machines and data processing
equipment and computers; fire-extinguishing
Class 11: Apparatus for lighting, heating, steam
generating, cooking, refrigerating, drying,
ventilating, water supply and sanitary purposes.
2. The registration of the 124273 mark was published in Journal No. 1592 of 7 December
1988. The publication of the registrations of trade marks 150506 and 150507 appeared in
Journal No. 1732 of 20 April 1994.
The Application for Revocation
3. On 24 August 2017 AIWA Corporation, of West Chicago Avenue, Chicago, Illinois,
60642, USA (the Applicant) made an application for the revocation of the registrations
pursuant to the provisions of Section 51 of the Trade Marks Act, 1996 (“the Act”). The
application is grounded on claims the trade marks were not put to genuine use in the State,
by or with the consent of the Proprietor, in relation to the goods for which they are
registered within the period of five years following the date of publication of their
registration, and that there are no proper reasons for such non-use.
4. In addition, the Applicant seeks the revocation of the three trade marks on the grounds
that use of them has been suspended for an uninterrupted period of five years and there are
no proper reasons for such non-use.
Notice of Opposition
5. On 11 June 2018 the Proprietor filed Notices of Opposition together with evidence
supporting its claims of use of the marks; such evidence consisting of a Statutory
Declaration, dated 23 May 2018, of Tomonori Mitsui, President of AIWA Co. Ltd., and
thirty-one accompanying exhibits. While I have examined each exhibit carefully, I shall
only refer to them as and when appropriate.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT