MOOCH Natural Frozen Yogurt - 245957

Date23 January 2015
Administrative Decision Number245957
opponentDAIRYGLEN PRODUCTS LIMITED
SectionTrade Marks Act, 1996 - 2008-2017
1
DECISION OF THE CONTROLLER OF PATENTS, DESIGNS AND TRADE MARKS
IN PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996
In the matter of an application for registration of Trade Mark No. 245957 and in the matter of an
Opposition thereto.
RAZNECK LIMITED Applicant
(Represented by Denis I. Finn Solicitors)
DAIRYGLEN PRODUCTS LIMITED Opponent
(Represented by MacLachlan & Donaldson)
The Application
1. On 14 July, 2011 (the “relevant date”) Razneck Limited, of Rossanagh, Rathnew, Co.
Wicklow, Ireland made application (No. 2011/01278) under Section 37 of the Trade Marks
Act, 1996 (“the Act”) to register these marks
as a series of three distinct trade marks in respect of the following goods and services:
Class 29:
Prepared meals consisting predominantly of soups; milk and milk products, milkshakes,
milk drinks, milk based drinks containing fruit (milk predominating), non-alcoholic
milkshakes (milk predominating) containing fruit juices, yoghurt, preparations for making
yoghurt, dairy products; fruits all being preserved
Class 30:
Coffee, coffee drinks, tea, tea drinks, cocoa, chocolate drinks, bread, pastry, cakes, sweets
and confectionery, ices; honey; yeast, baking-powder; salt, mustard; vinegar, sauces
(condiments); spices; ice; frozen yoghurt and frozen yoghurt based desserts combined with
fruit and sauces
Class 43:
Services for providing food and drink; restaurant; milk bar; catering services; cafeteria
2
services; snack bar services; bar services; information services regarding the provision of
food and drink; information services regarding catering, booking and reservation services for
restaurants or milk bars; consultancy services associated with operating restaurants, cafes,
cafeterias, coffee shops, bars, milk bars, restaurants, snack bars, catering or other
establishments or facilities engaged in providing food or drinks
2. The application was accepted for registration and advertised accordingly under No. 245957
in Journal No. 2189 dated 9 November, 2011.
3. Notice of Opposition to the registration of the mark, pursuant to Section 43 of the Act, was
filed on 6 February, 2012 by Dairyglen Products Limited, of Unit 6, Sounthern Cross
Business Park, Boghall, Bray, Co. Wicklow, Ireland. The Applicant filed a counter-
statement on 13 February, 2012. Evidence was then filed under Rules 20, 21 and 22 of the
Trade Mark Rules, 1996 (“the Rules”). Both parties filed written submissions in lieu of
attending at a hearing of the matter, with the Opponent alone filing written submissions in
reply.
4. Acting for the Controller, I decided to uphold the opposition in respect confectionery; ices;
frozen yoghurt and frozen yoghurt based desserts combined with fruit and sauces” in Class
30, but to allow the application to proceed to registration in respect of all other goods and
services. The parties were informed of my decision by way of letter dated 31 July, 2014. I
now state the grounds of my decision and the materials used in arriving thereat in response
to a request by both parties in that regard pursuant to Rule 27(2) of the Trade Mark Rules
1996.
Grounds of the Opposition
5. In its Notice of Opposition the Opponent identifies itself as manufacturers and merchants of
ice cream, preparations for making ice cream, confectionery and related products. The
Opponent attached to its Notice of Opposition details of the following 2 trade marks, which
the Opponent states it has used in relation to the aforementioned products.
Trade Mark
Mark Details
Class, goods and services
SMOOCH
Irish trade mark no.
227689 registered as
of 22 July 2003
Class 30: Ice cream, frozen
confectionery, preparations in this
class for making the aforesaid goods.

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