THE CHARCOAL GRILL - 244304
Date | 12 June 2014 |
Administrative Decision Number | 244304 |
opponent | TUNA GULEC AND ALI FINDIK |
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. 244304 and in the matter of
an Opposition thereto.
MUHAMMAD LATIF Applicant
TUNA GULEC and ALI FINDIK (trading as The Charcoal Grill) Opponent
The Application
1.On 23 September, 2010, Muhammad Latif, of 17 Ashford, Monksland, Athlone, Co.
Westmeath, Ireland made application (No. 2010/01663) under Section 37 of the Trade
Marks Act, 1996 (“the Act”) to register THECHARCOALGRILL as a trade mark in
respect of “Cafés; services for providing food and drink”in Class 43.
2.The application was accepted for registration and advertised accordingly under No.
244304 in Journal No. 2165 dated 8 December, 2010.
3.Notice of Opposition to the registration of the mark pursuant to Section 43 of the Act was
filed on 28 January, 2011 by Tuna Gulec and Ali Findik trading as The Charcoal Grill, of
3 Prospect Hill, Galway, Ireland. The Applicant filed a counter-statement on 13 April,
2011. The Opponent filed evidence under Rule 20 of the Trade Marks Rules, 1996 (“the
Rules”)on 5 October, 2011. The Applicant engaged in correspondence with thisOffice
regarding the submission of evidence, but did not submit any evidence by means of a
Statutory Declaration and, eventually, the Controller moved the proceedings on to the
Rule 25 stage (inviting the parties to elect to attend at a Hearing or to lodge written
submissions in lieu of attending at a Hearing).
4.Both parties attended the Hearing, following which I decided to uphold the opposition and
to refuse to allow the application to proceedto registration. The parties were informed of
my decision by way of letter dated 8 January, 2014. Inow state the grounds of my
decision and the materials used to arrive thereat in response to a request by the Opponent
in that regard pursuant to Rule 27(2) of the Trade Mark Rules 1996.
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