TOSS'D noodles and salads www.tossd.com - 261209

• Administrative Decision Number: 261209
• Date: 08 July 2022
• opponent: Tossed Holdings Limited
• Section: Trade Marks Act, 1996 - 2018 - Current

DECISION OF THE CONTROLLER OF INTELLECTUAL PROPERTY IN

PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996

IN THE MATTER OF a Notice of Opposition to the registration of the TM 261209-

(series of 2)

Opponent: Tossed Holdings Limited (subsequently FTMYFG Holdings Limited)

(Represented by Brand Protect Limited)

Applicant: Focus Food Limited

(Represented by TOMKINS & CO)

The Applied for Trademark

1. Focus Food Limited (hereinafter “the Applicant”) Mine Road, Loughshinny, Skerries,

Co. Dublin, Ireland has applied to register the mark TM No. 261209 in respect of

“Services for providing food and drink; temporary accommodation; restaurant services;

bar services; café services; salad bars [restaurant services]; cafeteria services;

canteen services; food and drink catering; snack bar services; self-service restaurant

services” in Class 43

2. The application for registration was filed on 09 May 2017 and the publication of the

acceptance of the mark under TM 261209 appeared in Journal No. 2390 dated

24/07/2019

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

was filed on 19 September 2019 by Brand Protect Limited of Rowood House, Murdock

Road, Bicester OX26 4PP, United Kingdom, acting on behalf of Tossed Holdings

Limited, (hereinafter “the Opponent”). The Applicant filed a counter-statement on 23

December 2019 and evidence was, in due course, filed by the parties under Rules 20

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