ARCHERS - 224939

• Administrative Decision Number: 224939
• Date: 30 July 2007
• opponent: DIAGEO BRANDS B.V.
• 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. 224939 and

in the matter of an Opposition thereto.

HENRY J ARCHER & SONS LIMITED Applicant

DIAGEO BRANDS B.V. Opponent

Application for registration

1. On 7 February, 2000, Henry J Archer & Sons Limited of P.O. Box 99, Gorey, Co.

Wexford made application (No. 2000/00433) under Section 37 of the Trade Marks

Act, 1996 (“the Act”) to register the series of two marks shown below as a trade

mark in respect of goods in Class 33, namely, “cider and flavoured ciders

included in Class 33”.

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

No. 224939 in Journal No. 1955 on 13 November, 2002. The advertisement of the

series of marks carried notings to the effect that, (i) the first mark in the series was

in the colours black, white, gold (Pantone 871C) and yellow (Pantone 8962C) and

the second mark in the series was in black and white and, (ii) the mark was

proceeding on the basis of honest concurrent use with Trade Mark No. 171136.