BETPACK - 242409

• Date: 23 September 2013
• Administrative Decision Number: 242409
• opponent: TBH LTD
• 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. 242409 and in the matter of

an Opposition thereto.

COLLEGEWOOD STREET LIMITED Applicant

(Represented by Cruickshank)

TBH LIMITED Opponent

(Represented by Maclachlan & Donaldson)

The Application

1.On 12 October, 2009, Collegewood Street Limited, an Irish company, of 18 Fitzwilliam

Place, Dublin 2, Ireland made application (No. 2009/01833) under Section 37 of the Trade

Marks Act, 1996 (“the Act”) to register the word “BETPACK” as a Trade Mark in respect

of “Gambling and betting services; bookmaking services; gaming services, amusement

and entertainment services; entertainment; organisation and conducting competitions;

providing of casino facilities; providing casino services; services for the operation of

computerised bingo; on-line bingo; organising competitions; provision of the aforesaid

services on-line from a computer database or the internet; provision of information

relating to gaming services accessible via a global computer network; provision of

information on-line from a computer database or from the internet in relation to gaming,

amusement and entertainment services” in Class 41.

2.The application was accepted for registration and advertised accordingly under No.

242409 in Journal No. 2143 dated 3 February, 2010.

3.Notice of Opposition to the registration of the mark pursuant to Section 43 of the Act was

filed on 18 February, 2010 by TBH Limited, of The Harbour Trust Co. Ltd, One Capital

Place, George Town, Grand Cayman, Cayman Islands. The Applicant filed a counter-

statement on 20 May, 2010 and evidence was, in due course, filed by the parties under

Rules 20, 21 and 22 of the Trade Marks Rules, 1996 (“the Rules”).