EASYMOVES - 226996

Administrative Decision Number226996
SectionTrade Marks Act, 1996 - 2003-2007
Decision in Hearing
IN THE MATTER OF an application for registration of Trade Mark No. 226996 and
in the matter of opposition thereto.
Application for registration
1. On 9 April, 2003, Colin Jarrett, an Irish citizen of Killinvoy House, Knckroghery,
Co. Roscommon, made application (No. 2003/00651) under Section 37 of the
Trade Marks Act, 1996 (“the Act”) to register the following series of four trade
marks in respect of the specification of goods and services in Classes 16 and 39
listed below.
Class 16: Paper and cardboard packaging; cardboard flat pack box used in
packaging and storage; articles of cardboard for use in
packaging; cardboard boxes (packaging) in collapsible form.
Class 39: Collection, packaging, storage, sending, delivery (transportation)
of goods.
2. The application was accepted for registration and advertised accordingly under
No. 226996 in Journal No. 1975 on 20 August, 2003.
3. Notice of opposition to the registration of the series of marks pursuant to Section
43 of the Act was filed on 14 November, 2003 by easyGroup IP Licensing
Limited of The Rotunda, 42-43 Gloucester Crescent, Camden, London NW1 7DL,
United Kingdom. On 17 February, 2004, the Applicant filed a counter-statement
against the opposition and also requested that the application be amended by the
deletion of the first two marks in the series. That amendment was accepted and
published in Journal No. 1991 on 7 April, 2004 and the Opponent was notified
accordingly. Evidence was subsequently filed by the parties under Rules 20, 21
and 22 of the Trade Marks Rules, 1996 (“the Rules”).
4. The matter became the subject of a hearing before me, acting for the Controller,
on 8 March, 2007. The parties were notified on 18 April, 2007 that I had decided
to dismiss the opposition and to allow the series of marks, as amended, to proceed
to registration. I now state the grounds of my decision and the materials used in
arriving thereat in response to a request by the Opponent in that regard pursuant to
Rule 27(2) filed on 24 May, 20071.
5. Throughout this statement of grounds, I refer to the Applicant’s trade mark as
EASYMOVES/EASYMOVE, intending, of course, either of the marks in the
series (as amended) used individually.
Scope of the opposition
6. The opposition is based primarily on the Opponent’s proprietorship and use of a
number of trade marks commencing with the word EASY. The notice of
opposition includes a list of such marks (see Appendix I), which are either
registered as Community Trade Marks or were the subject of applications for
registration as such2. On the basis of these earlier marks, the Opponent raises
objection against the present application under Sections 10 and 61 of the Act.
1 The request for a written statement of grounds of the decision was filed outside of the time specified
in Rule 27(2) but the time in question was extended pursuant to Rule 63(4) upon receipt of a
satisfactory explanation of the delay in requesting an extension.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT