GOURMET BURGER KOMPANY - 237233

• Date: 17 November 2010
• Administrative Decision Number: 237233
• opponent: GOURMET BURGER KITCHEN LTD
• Section: Trade Marks Act, 1996 - 2008-2017

1

DECISION OF THE CONTROLLER OF PATENTS, DESIGNS AND TRADE

MARKS IN PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996

BETWEEN

GEORGE SMULLEN (Proprietor)

and

GOURMET BURGER KITCHEN LIMITED (Applicant for Declaration of Invalidity)

CONCERNING

Trade Mark No. 237233

The registered trade mark

1. George Smullen, of 110 Old Finglas Road, Dublin 11 is the registered proprietor of the

Trade Mark (the “said mark”)

GOURMET BURGER KOMPANY

which was applied for on 16

th

April, 2007 (the “relevant date”) and is registered under

No. 237233 in Class 43 in respect of ‘services for providing food and drink; temporary

accommodation’.

Application for declaration of invalidity

2. On 2

nd

October, 2008, Gourmet Burger Kitchen Limited, a company organised and

existing under the laws of England and Wales, applied under Section 52 of the Trade

Marks Act 1996 (the “Act”) for a Declaration of Invalidity in respect of the registration

and included with the application a statement of the grounds on which it was made. On

11

th

February, 2010, the Proprietor filed a Notice of Opposition against the application

under Rule 41(3) of the Trade Mark Rules, 1996 (“the Rules”). No evidence was

furnished by either the Applicant or the Proprietor and both parties declined an offer to

be heard.