WAW Wild Atlantic Way - 251574

• Administrative Decision Number: 251574
• Date: 17 December 2018
• opponent: Fáilte Ireland
• Section: Trade Marks Act, 1996 - 2018 - Current

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 the registration of Trade Mark No. 251574 and in the matter

of an Opposition thereto.

Brian Murphy Applicant

Fáilte Ireland Opponents

The Application

1. On 16 September 2014 Brian Murphy of Kilcoole, Wicklow, Ireland (hereinafter “the

Applicant”), made application (No. 2014/01768) under Section 37 of the Trade Marks Act,

1996 (“the Act”) to register

as a trade mark in respect of “Printed calendars; Calendars; Tear-off calendars; Books;

Reference books; Travel guide books; Gift stationery; Postcards and picture postcards;

Greeting cards; Bookmarks; Posters; Journals.” in Class 16.

2. The application was accepted and published in Journal No. 2270 on 17 December 2014.

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

filed on 12 March 2015 by Fáilte Ireland, of Áras Fáilte, Amien Street, Dublin (hereinafter

“the Opponent”).

3. The Applicant filed a counter-statement on 3 June 2015 and evidence was then filed under

Rules 20, 21 and 22 of the Trade Mark Rules, 1996 (“the Rules”). Both parties attended a

hearing on the matter on 28 June 2018.

4. Acting for the Controller, I decided to uphold the opposition and to refuse to allow the

application to proceed to registration in respect of all goods. The parties were informed of

my decision by way of letter dated 25 June 2018. I now state the grounds of my decision

and the materials used in arriving thereat in response to a request by the Opponent,

pursuant to Rule 27(2) of the Rules.