LISA MORI - 213637

• Administrative Decision Number: 213637
• Date: 24 February 2005
• opponent: WATERFORD WEDGEWOOD PLC
• 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. 213637 and

in the matter of an Opposition thereto.

INN CRYSTAL VERTRIEBSGMBH

of Industriezeile 24, 5280 Braunau am Inn, Austria

- Applicant

WATERFORD WEDGWOOD PLC

of Kilbarry, Waterford, Ireland

- Opponent

The application

1. On 23 April, 1999, Forma-Kutzscher GMBH, a body corporate organised and

existing under the laws of Germany, of Angerstrasse 30, D-94227 Zwiesel,

Germany, predecessor in title of the Applicant, made application (No. 99/1383) to

register LISA MORI as a Trade Mark in Class 21 in respect of “glassware,

especially crystal and lead crystal glassware”. The application contained a claim

to a right of priority on the basis of an application filed in Germany on 26

February, 1999.

2. The application was accepted for registration and advertised accordingly under

No. 213637 in Journal No. 1886 on 22 March, 2000.

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

Act was filed on 21 June, 2000 by Waterford Wedgwood plc, an Irish company,

of Kilbarry, Waterford, Ireland. The Applicant filed a counter-statement on 28

September, 2000 and evidence was, in due course, filed by the parties under Rules

20, 21, 22 and 23 of the Trade Marks Rules, 1996.