EVE - 237276

• Date: 21 July 2010
• Administrative Decision Number: 237276
• opponent: EVE ST. LEGER T/A FLAIR CONFECTIONERY
• 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

ANN KILGALLON (Proprietor)

and

EVE St. LEGER t/a Flair Confectionery (Applicant for Declaration of Invalidity)

CONCERNING

Trade Mark No. 237276

The registered trade mark

1. ANN KILGALLON, of 38 Salthill Apartments, Monkstown, Co. Dublin, Ireland is the

registered proprietor of this Trade Mark (“the said mark”),

which is registered in class 30 in respect of ‘chocolate and confectionery products proper

to this class; drinking chocolate’.

The application for registration of the mark was filed on 23 August, 2007 and, by virtue of

Section 45(3) of the Act, the mark is registered as of that date. Publication of the

registration of the mark appeared in Journal No. 2095 dated 2 April, 2008.

Application for declaration of invalidity

2. On 12 May, 2008, EVE St. LEGER trading as FLAIR CONFECTIONERY of College

Road, Co. Cork, Ireland applied under Section 52 of the Trade Marks Act, 1996 (“the

Act”) for “the Revocation of the Register by removal therefrom of the registration” (sic)