OPTIVA - 262213

Administrative Decision Number262213
Date16 September 2022
opponentConsultora De Telecomunicaciones Optiva Media, S.L.
SectionTrade Marks Act, 1996 - 2018 - Current
In the matter of an application for registration of Trade Mark No. 262213 and in the matter of an
Opposition thereto.
Optiva Canada Inc Applicant
Consultora de Telecomunicaciones Optiva Media Opponent
The Application
1. On 21 June 2018 Optiva Canada Inc. of 302-2233 Argentina Road, Mississauga, Ontario,
L5N2X7, Canada (hereinafter the Applicant) made application (No. 2018/01390) under
Section 37 of the Trade Marks Act, 1996 (“the Act”) to register the word OPTIVA as a
Trade Mark in respect of various goods and services in Classes 9,35, 38 and 42.
2. The application was accepted for registration and advertised accordingly under No. 262213
in Journal No. 2404 dated 5 February, 2020
3. Notice of Opposition to the registration of the mark pursuant to Section 43 of the Act was
filed on 5 May 2020 by Mr Carlos Rivadulla, IP Attorney, on behalf of Consultora de
Telecomunicaciones Optiva Media, S.L. of Calle Musgo 2, 1ºG EDIFICIO EUROPA II, E-
28023 MADRID, Spain (hereinafter the Opponent). The Applicant, represented by
FRKelly, IP Attorneys, filed a counter-statement on 18 August 2020. The counter-statement
put the Opponent on notice of proof of use pursuant to Section 43A(1) of the Trade Marks
Act 1996.
4. The Opponent, on 11 December 2020, filed by means of a Statutory Declaration under Rule
20(1), a response to the Applicants request for proof of use of their trademark, EUTM
10939767, on which their Opposition case was based. The Applicant elected not to file
evidence under Rule 21.
5. The parties were asked by Official letter on 26 October 2021 to advise whether they wished
to attend at hearing or file written submissions in lieu of such attendance pursuant to Rule
25(1) & (2). The Applicant elected to file written submissions and did so on 25 February

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