CHEAPFLIGHTS - 232032
| Date | 14 September 2011 |
| Administrative Decision Number | 232032 |
| opponent | CHEAPFLIGHTS LIMITED |
| Section | Trade Marks Act, 1996 - 2008-2017 |
Decision in Hearing under Section 71
IN THE MATTER OF an application for registration of Trade Mark No. 232032, in the
matter of an Opposition thereto and in the matter of the Applicant’s request for leave to file
additional evidence under Rule 23 of the Trade Mark Rules, 1996.
CHEAPFLIGHTS INTERNATIONAL LIMITED Applicant
(Represented by FRKelly)
CHEAPFLIGHTS LIMITED Opponent
(Represented by Mason, Hayes & Curran)
Application for registration
1. On 10 September, 2002 CheapFlights International, an Irish company, c/o Baker Tilly
Ryan Glennon, Trinity House, Charleston Road, Renelagh, Dublin 6, Ireland, made
application (No. 2002/01793) to register the word “CHEAPFLIGHTS” as a Trade Mark
in Class 43 in respect of the following services:
“Accommodation finding services for travellers; travel agency services for booking
accommodation; information services relating to accommodation.”
2. The Application was subsequently advertised as accepted for registration under No.
232032 in Journal No. 2024 on 13 July, 2005.
Opposition
3. Notice of Opposition to the registration of the mark pursuant to Section 43 of the Trade
Marks Act, 1996 (“the Act”) was filed on 12 October, 2005 by Cheapflights Limited, an
English registered company, of 90 Westbourne Grove, London W2 5RT, United
Kingdom. The Applicant filed a counter-statement on 9 January, 2006 under Rule 19 of
the Trade Mark Rules (“the Rules”) and evidence was filed by the parties under the Rules
as set out in the following table:
Rule Date Contents
20 20 January, 2007 Statutory Declaration of Simon Bicket and 11 exhibits
labelled ‘EXH 1’ to ‘EXH 11’
21 30 October 2008 Statutory Declaration of Marcello Alderi and 17
exhibits marked ’ to ‘MA 1’ to ‘MA 17’
22 26 August 2009 Second Statutory Declaration of Simon Bicket and 5
exhibits labelled as ‘SB 1’ to ‘SB 5’
4. On 12 January, 2011, the Controller, taking the view that the evidence filing stages was
complete, wrote to the parties in accordance with Rule 25(1)
1
requesting them to elect
whether they wished to attend at a hearing or file written submissions in lieu of attending
at a hearing, and afforded the parties the two month period allowed in which to respond.
Leave to file further evidence under Rule 23
5. On 15 February, 2011 the Applicant requested leave to file further evidence in support of
the application under Rule 23, which states:
“No further evidence may be filed unless, in any proceedings before the Controller,
the Controller gives leave to either the applicant or the opponent to file evidence upon
such terms as to costs or otherwise as the Controller may think fit.”
6. The simple and clear purpose and effect of that Rule is to bring to a conclusion the
evidence-filing phase of opposition proceedings and to ensure that all of the evidence of
the respective parties is disclosed and known to the other side and to the Controller prior
to him deciding the matter. While the Controller is given a discretion to allow the filing
of further evidence, that discretion must be exercised only where exceptional
1
As amended by the Trade Marks (Amendment) Rules 2010 (S.I. No.410 of 2010)
To continue reading
Request your trial