AIWA - 124273-150506 150507

• Administrative Decision Number: 124273-150506 150507
• Date: 17 April 2020
• opponent: AIWA Company Limited
• Section: Trade Marks Act, 1996 - 2018 - Current

1

TRADE MARKS ACT, 1996

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.)

AIWA COMPANY LIMITED Proprietor

(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

number

Date of

Registration

Class & Goods

AIWA

124273

03/06/1987

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.

150506

24/06/1991

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

apparatus.

2

150507

08/07/1991

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.