A PEAKED HAT - 21726

• Date: 03 March 2015
• Administrative Decision Number: 21726
• opponent: ROBERT SCANLON
• Section: Industrial 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.