CHENELLE - 163398

Administrative Decision Number163398
Date20 January 2001
Decision in Hearing at the Patents Office
IN THE MATTER OF an application for registration of Trade Mark No. 163398 and
in the matter of an Opposition thereto.
1. Chanelle Pharmaceuticals Manufacturing Limited, an Irish company of Loughrea,
Co. Galway, Ireland, manufacturers and merchants, made application (No.
94/2374) on 19 April, 1994 to register the word “CHANELLE” together with the
device of a seahorse (reproduced below) as a Trade Mark in Part A of the Register
in Class 5 in respect of the following goods:
“Veterinary pharmaceutical preparations and substances.”
2. The Application was accepted for registration in Part A of the Register and was
advertised under No. 163398 in Journal No. 1770 on 4 October, 1995.
3. Notice of Opposition pursuant to Section 26 of the Act was filed on 7 May, 1996
by Chanel Limited, a British Company, of Queens Way, Croyden, Surrey CR9
4DL, United Kingdom, manufacturers and merchants. The Applicants filed a
counter-statement on 15 July, 1996 and evidence was, in due course, filed by the
parties under Rules 37, 38, 39 and 40 of the Trade Mark Rules, 1963.
4. The Opposition became the subject of a Hearing before me, acting for the
Controller on 10 July, 2000. The parties were notified on 8 November, 2001 that I
had decided to dismiss the Opposition and to allow the mark proceed to
registration. I now state the grounds of my decision and the materials used in
arriving thereat.
5. In their Notice of Opposition the Opponents stated:
(i) We have for many years traded and have a substantial reputation under the
CHANEL Trade Mark in relation to a wide range of goods.
(ii) We are the Proprietor of Irish Trade Mark Registrations and Applications
with the following particulars (the “CHANEL Trade Mark”):
Trade Mark Particulars
CHANEL Registration No: 30265
Date: 10.11.1938
Class: 3
Journal:333 at page 120
CHANEL Registration No: 30266
Date: 2.12.1938
Class 5
Journal no.:333 at page 120

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