CRUNCHY FRIES - 211784

• Administrative Decision Number: 211784
• Date: 27 July 2004
• opponent: TAYTO LIMITED
• Section: Trade Marks Act, 1996 - 2003-2007

1

TRADE MARKS ACT, 1996

Decision in Hearing

IN THE MATTER OF an application for registration of Trade Mark No. 211784 and in

the matter of an Opposition thereto.

GOLDEN WONDER LIMITED Applicant

TAYTO LIMITED Opponent

The application

1. On 9 December, 1996, Golden Wonder Limited, a British company of Abbey Street,

Market Harborough, Leicestershire LE 16 9AA, England, made application (No.

96/6278) to register the words CRUNCHY FRIES as a trade mark in Classes 29 and

30 in respect of specifications of goods that were amended in the course of the

examination of the application to read as follows:

Class 29:

“Potato crisps, potato products in the form of snack foods; potato based snack foods;

instant meals; prepared meals; nuts and mixtures of nuts and dried fruits; snack

foods; preparations for making instant snack meals; all included in Class 29.”

Class 30:

“Snack foods; instant meals; prepared meals; flour and cereal based foods; popcorn;

coated nuts; biscuits; preparations for making instant snack meals; all included in

Class 30.”

2. The Application was accepted for registration and advertised accordingly under No.

211784 in Journal No. 1878 on 1 December, 1999.

3. Notice of Opposition to the registration of the mark pursuant to Section 43 of the Act

was filed on 29 February, 2000 by Tayto Limited, an Irish company of Greencastle

Road, Coolock, Dublin 17. The Applicant filed a counter-statement on 1 June, 2000