Titanic Quarter - 214878

• Date: 26 October 2016
• Administrative Decision Number: 214878
• opponent: Property Renaissance Limited
• Section: Trade Marks Act, 1996 - 2008-2017

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TRADE MARKS ACT, 1996

Decision in Hearing

In the matter of an application for the revocation of the registration of Trade Mark No.

214878 and in the matter of the registered Proprietor’s opposition thereto.

PROPERTY RENAISSANCE LIMITED Applicant for Revocation

TITANIC TRADEMARK LIMITED Proprietor

The registered trade mark

1. Titanic Trademark Limited (hereinafter “the Proprietor”) of Queens Island, Belfast BT3

9DU, United Kingdom, is the registered Proprietor of the trade mark TITANIC

QUARTER. The mark is registered under No. 214878 in respect of “leasing of real estate;

real estate management; real estate development services; management of business parks;

insurance and financial services in connection with real estate affairs” in Class 36;

“theme parks; amusements; educational services; provision of recreation activities and

facilities; provision of cultural activities and facilities; publication of text; provision of

exhibitions; production of shows” in Class 41 and “provision of accommodation; hotel

services; provision of food and drink; restaurant services; cafes; snack bars; fast food

bars; scientific and industrial research; computer software design services for the

creation, storage and dissemination of information” in Class 42.

2. The application for registration of the mark was filed under the Trade Marks Act, 1996

(the “Act”) with an application date of 24 June 1999, which is deemed to be the date of

registration. Publication of the registration of the mark appeared in Journal No. 1955 on

13 November 2002.

The application for revocation

3. On 19 January, 2015 Property Renaissance Limited of Low Westwood Lane,

Huddersfield HD7 5UN, United Kingdom, (whereinafter “the Applicant”) made an

application for the revocation of the registration pursuant to the provisions of Section 51

of Act. The application was grounded on Sections 51(1)(a) and 51(1)(b) of the Act which

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provide that the registration of a trade mark can be revoked if, within the period of five

years following the date of publication of the registration, the trade mark has not been put

to genuine use in the State, by or with the consent of the Proprietor, in relation to the

goods or services for which it is registered, and there are no proper reasons for non-use; or

on the grounds that any use made of the mark has been suspended for an uninterrupted

period of five years, and there are no proper reasons for non-use.

Notice of Opposition

4. On 11 August, 2015 the Proprietor filed a Notice of Opposition to the application together

with evidence supporting its claims of use of the mark; such evidence consisting of a

Statutory Declaration, dated 7 August 2015, of John Nicholl, Financial Director of Titanic

Quarter Limited, of Titanic House, Queens Road, Belfast, BT3 9DT, United Kingdom,

and six accompanying exhibits marked “JN1” to “JN6”.

5. In his Statutory Declaration Mr. Nicholl states that his company and Titanic Trademark

Limited are wholly-owned subsidiaries of the company Ivy Wood Properties Limited. He

says his company uses the trade mark TITANTIC QUARTER with the knowledge and

consent of Titanic Trademark Limited. He says his company is behind the well-known

Titanic Quarter development in Belfast, named with reference to the area of Belfast in

which the famous RMS Titanic was built. He includes in his Statutory Declaration the

Wikipedia entry (as viewed on 14 May 2015) which records that Titanic Quarter is:

“a large-scale waterfront regeneration, comprising historic maritime landmarks, film

studios, education facilities, apartments, a riverside entertainment district, and the

world's largest Titanic-themed attraction centred on land in Belfast Harbour… The

185-acre (75 ha) site, previously occupied by part of the Harland and Wolff shipyard,

is named after the company's, and the city's, most famous product RMS Titanic”

6. Mr. Nicholl states the Titanic Quarter development is a large-scale leisure and hospitality

space in which a variety of services – including hotel, food and drink and entertainment

and leisure services – are offered, and with which his company has been involved for

many years. It has some 15,000 people living, studying and working in it, and it attracts

around a million visitors each year. It further comprises the Titanic Studios which have

played host to the creators of the famous HBO TV series Game of Thrones. He says the

Titanic Quarter is promoted by the Regeneration Investment Organisation (RIO), part of

UK Trade and Investment.