Administrative Decision Number150207
Date31 August 2021
opponentNeil Moynihan
SectionTrade Marks Act, 1996 - 2018 - Current
Decision in Hearing
IN THE MATTER OF an application for the revocation of the registration of Trade Mark
No. 150207 and in the matter of the registered Proprietor’s opposition thereto.
151 PRODUCTS LIMITED Applicant for Revocation
The registered trade mark
1. Neil Moynihan (hereinafter “the Proprietor”) of 13 Charlemont Heights, Rochestown,
Cork, Ireland is the registered Proprietor of the trade mark ELBOW GREASE, which
is registered under No. 150207 in respect of Cleaning, polishing, scouring and
abrasive preparations, all included in Class 3 and none containing grease.
Preparations included in Class 3 for use in degreasing; soaps; industrial cleaners
none containing grease..
2. The application was filed with this office on 23 September, 1992. Publication of the
registration of the mark appeared in the Journal on 6 April, 1994.
The application for revocation
3. On 10 September 2019, 151 Products Limited, of The Old School House, Bengal
Street, Manchester, United Kingdom (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”) and Rule 41 of the Trade Marks Rules,
4. The Applicant grounds its application on the claim that within the period of five years
following the date of publication of the registration the mark was not put to genuine
use in the State, by or with the consent of the Proprietor, in relation to the goods for
which it is registered, and there are no proper reasons for such non-use. The
Applicant also grounds its application on a claim that use of the mark has been
suspended for an uninterrupted period of five years and there are no proper reasons
for such non-use. Accordingly, the Applicant requests the Registration be removed
in its entirety from the Register.
Notice of Opposition
5. On 16 July 2020 Mr. Neil Moynihan, proprietor of the trade mark at issue and sole
shareholder and managing director of Cleanstyle Ltd, trading as Moynihan &
Moynihan, filed a Statutory Declaration dated 29 June 2020. He states his Company
has been authorised by him to use the trade mark ELBOW GREASE for various
cleaning products, including those for which the mark is registered in Class 3.
6. Mr Moynihan says he has been selling cleaning products under the brand Elbow
Grease in Ireland since 1986. He says the trade mark ELBOW GREASE was
registered in 1992, originally by Cleanstyle Ltd; it was assigned to him in 2009; and
that he or his Company have continuously sold products under the trade mark in
Ireland since it was registered. He attaches at Exhibit 1 two photographs (claimed to
have been taken in 2019) of ELBOW GREASE products.
7. Mr Moynihan explains that a UK-based company (Envirokem) keeps the formulation
for ELBOW GREASE products and while Envirokem used to manufacture and
supply products (including ELBOW GREASE products) to him, its role in recent
years is to subcontract and liaise with other manufacturers to source, produce and
supply ELBOW GREASE products. The current manufacturer of ELBOW GREASE
is Assured Solutions Limited in England.
8. Mr Moynihan states ELBOW GREASE products have been one of his biggest sellers
over the years and is intrinsic and essential to the success of his business. He
attaches at Exhibit 2 a list purporting to show thousands of litres of ELBOW
GREASE products marked as goods out (each entry with an unique reference
number) between April 2014 and March 2019.
9. He attaches at Exhibit 3 what he states is a small sample of randomly selected
invoices, payment confirmations and delivery confirmations (approximately 10 per
annum) taken from the years 2015-2019. The sales invoices, all of which refer to
ELBOW GREASE, show sales in counties Cavan, Meath, Westmeath, Laois,

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