TWISTCUP - 231615

• Administrative Decision Number: 231615
• Date: 24 July 2008
• opponent: SILVER PAIL DAIRY (IRELAND) LIMITED
• 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

BETWEEN

DALE FARM LIMITED

Applicant

and

SILVER PAIL DAIRY (IRELAND) LIMITED

Opponent

CONCERNING

Trade Mark Application No. 2005/00097 (231615)

TWISTCUP (series of three)

Background

1. On 18 January, 2005, Dale Farm Limited, a Northern Ireland registered company

of 15 Dargan Road, Belfast, BT3 9LB, Northern Ireland, made application (No.

2005/00097) under Section 37 of the Trade Marks Act, 1996 (“the Act”) to

register the series of four marks shown below as a trade mark in respect of the

following specification of goods in Class 30:

Class 30: Ice-cream; ice-cream products; water ices; frozen confections;

frozen desserts; sauces and syrups for food; confectionery1;

preparations for making ice-cream, water ices and confections.

1. TWISTCUP

1 “confectionery” subsequently removed from the specification of goods at the request of the Applicant

made on 21 November, 2005 in the context of unrelated opposition proceedings