A PEAKED HAT - 21726

Date03 March 2015
Administrative Decision Number21726
opponentROBERT SCANLON
SectionIndustrial Designs Act 2001
1
DECISION OF THE CONTROLLER OF PATENTS, DESIGNS AND TRADE
MARKS IN PROCEEDINGS UNDER THE INDUSTRIAL DESIGNS ACT, 2001
BETWEEN
WILLIAM O’CONNELL (Applicant for Declaration of Invalidity)
and
ROBERT SCANLON (Proprietor of the Design and Opponent to the Application)
CONCERNING
Registered Industrial Design No. 21726
The Registered Design
1. Robert Scanlon, of Allied Imports Limited, Allied House, Unit 804 Northwest Business
Park, Ballycoolin, Dublin 15, Ireland is the registered proprietor of the Industrial Design,
depicted below, and titled a hat with a peak and with a 'patchwork' design”, which was
applied for on 15 January, 2014 (the relevant date”) and is registered under No. 21726
in Class 2, Sub Class 03 in respect of “Headwear, Hats”.
The Application
2. On 1 September, 2014, William O’Connell, Director of Enterprise Asia JH Limited, of
32 Block A, Dunboyne Industrial Park, Dunboyne, Co. Meath, Ireland, applied under
Section 47 of the Industrial Designs Act, 2001 (the “Act”) for a Declaration of Invalidity
of the registration and included with the application a statement of the grounds on which
it was made and supporting evidence.
3. On 10 September, 2014 Robert Scanlon (the Proprietor) filed a Notice of Opposition
against the application under Rule 37(4) of the Industrial Design Regulations, 2002 (“the
Regulations”), and attached supporting evidence.

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