NINE GLENS - 257632

• Administrative Decision Number: 257632
• Date: 26 September 2019
• opponent: Loch Lomond Distillers Limited
• 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 registration of Trade Mark No. 257632 and in the matter of an

Opposition thereto.

MARTEL GLOBAL WINES LIMITED Applicant

LOCH LOMOND DISTILLERS LIMITED Opponent

The Application

1. On 7 July 2017 Martel Global Wines Limited, of Donovan House, Adelphi Court, The Long

Walk, Dundalk, Ireland (hereinafter “the Applicant”) made application (No. 2017/01480)

under Section 37 of the Trade Marks Act, 1996 (“the Act”) to register the words “NINE

GLENS” as a Trade Mark in respect of “Alcoholic beverages except beers” in Class 33.

2. The application was accepted for registration and advertised accordingly under No. 257632

in Journal No. 2344 dated 18 October, 2017.

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

filed on 17 January, 2018 by Loch Lomond Distillers Limited, of 12 Henrietta Street,

London WC2E 8LH, United Kingdom (hereinafter “the Opponent”). The Applicant filed a

counter-statement on 20 April, 2018 and evidence was, in due course, filed by the parties

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

4. The Opponent did not find it necessary to file evidence in reply and both parties elected to

file written submissions in lieu of attending at a Hearing. Acting for the Controller, I decided

to dismiss the opposition and to allow the application to proceed to registration. The parties

were notified of my decision by letter dated 15 July, 2019. I now state the grounds of my

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

in that regard pursuant to Rule 27(2) of the Rules, dated 1 August, 2019.

Grounds of the Opposition

5. In its Notice of Opposition, the Opponent refers to its proprietorship of the following two

European Union Trade Marks (EUTM’s):