METRO - 228300

• Date: 06 January 2011
• Administrative Decision Number: 228300
• opponent: METRO INT. S.A.
• Section: Trade Marks Act, 1996 - 2008-2017

1

DECISION OF THE CONTROLLER OF PATENTS, DESIGNS AND TRADE MARKS IN

PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996

In the matter of an application for registration of Trade Mark No. 228300 and in the matter of an

Opposition thereto.

METRO CASH & CARRY GmbH Applicant

(Represented by Tomkins & Co.)

METRO INTERNATIONAL S.A. Opponent

(Represented by Anne Ryan & Co.)

The Application

1. On 29 March, 2000 (the “relevant date”), Metro Cash & Carry GmbH, a German company, of

Schluterstrasse 15-17, 40235 Dusseldorf, Germany made application (No. 2000/01158) under

Section 37 of the Trade Marks Act, 1996 (“the Act”) to register

METRO

(the “said mark”) as a Trade Mark in respect of the following services:

Class: 35

Marketing, sales promotion, marketing studies and marketing analysis, business organization,

personnel and professional business consultancy, including consultancy on purchasing products and

services from others, advertising, including radio and television advertising, cinema advertising,

advertising documentation, public relations; opinion polling, organising trade fairs and exhibitions;

commercial and professional business consultancy, including for the retail food sector, providing

commercial and professional information, including for the retail food sector.

Class: 36

Financial affairs, namely credit bureaux and financing of credit for the wholesale and retail sector,

real estate, mortgage and leasing brokerage, insurance brokerage; financial brokerage for

investments in businesses, installations, equipment; financial consultancy pertaining hereto.

Class: 37

2

Building supervision; building construction; construction; factory construction and repair; blast

furnace firing and repairing; masonry, demolition of buildings; building insulating; damp proof

business of building; apply gvp; bricklaying work; road spreading; asphalting; setting up lead tubes;

pipes construction and repairing; harbor construction; pier breaker building; underwater

construction; underwater repair, building sealing; scaffold supplying; rental of building instruments;

rental of bulldozers; rental of excavators; rental of cleaning machines; digging of wells, drilling of

wells; mining industry; quarrying; upholstering, interior decorating; whitewashing; inside and

outside painting; painting and repairing for signboard; cleaning buildings inside; cleaning surface of

building; cleaning windows; cleaning chimney; repairing installation services; heating equipment

installation; boiler cleaning and repair; burner maintenance and repair; electric equipment

maintenance and repair; air conditioning apparatus installation and repairs; freezing equipment

installation and repair; office machine and equipment installation maintenance and repair; kitchen

equipment installation and repair, machinery installation, maintenance and repair; automobiles

maintenance; vehicle service stations; car cleaning; vehicles cleaning, anti-rust treatment for

vehicle; vehicle polishing; vehicles greasing; motor vehicle maintenance and repair; vehicle repair,

shipbuilding service; film projector repair, photographic apparatus repair, clocks repair, safe

maintenance and repair; strong-room maintenance and repair; anti-rust treatment; re-brushing tin;

retreating of tires; vulcanization of tires; rubber tires repair; cabinet making; furniture restoration;

furniture maintenance; clothing repair, renovation of clothing; mending clothing; fur care cleaning

and repair; leather care, cleaning and repair; washing; fulling of cloth; linen ironing; washing

laundering; vermin exterminating; disinfection; rat exterminating; irrigation and drainage

equipment installation and repair, inflators or pumps repair; elevators installation and repair;

telephone installation and repair; burglar alarm installation and repair; fire alarm installation;

parasol repair; umbrella repair.

Class: 38

News agency services for press, radio and television.

Class: 39

Travel arrangement, arrangement of tourist services, sightseeing, rental of garages and parking

places, rental of vehicles, parcel delivery; collecting, transporting and sorting of waste and

secondary raw materials.

Class: 40