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 THE CHARCOAL GRILL 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 this Office

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 proceed to registration. The parties were informed of

my decision by way of letter dated 8 January, 2014. I now 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.