Recharge - 263496

• Administrative Decision Number: 263496
• Date: 28 February 2023
• opponent: Pearse Hegarty
• Section: Trade Marks Act, 1996 - 2018 - Current

1

DECISION OF THE CONTROLLER of INTELLECTUAL PROPERTY IN

PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996

In the matter of an application for registration of Trade Mark No. 263496 and in the matter of an

Opposition thereto.

Gareth Welton Applicant

Pearse Hegarty Opponent

The Application

1. On 08 August 2020 Gareth Welton. of Newtown Carbury, Baylough, Athlone, Co.

Westmeath (hereinafter “the Applicant”) made application (No. TM 2020/01387) under

Section 37 of the Trade Marks Act, 1996 (“the Act”) to register the mark “Recharge” as a

Trade Mark in respect of various goods and services in Classes 2, 9 and 35.

2. The application was accepted for registration and advertised accordingly under No. 263496

in Journal No. 2421 dated 30 September 2020.

3. Notice of Opposition to the registration of the mark pursuant to Section 43 of the Act was

filed on 13 November 2020 by Pearse Hegarty, 33 Oliver Plunkett Street, Mullingar, Co.

Westmeath (hereinafter “the Opponent”). The Applicant filed a counter-statement on 01

February 2021.

4. The Opponent, on 06 May 2021, filed by means of a Statutory Declaration under Rule 20, a

response including an exhibit, reference “PH1”, in support of their Opposition case. The

Applicant, on 1st October 2021, filed by means of a Statutory Declaration under Rule 21,

material in support of his case, including an exhibit, reference “GW1”.

5. The Opponent, on 01 December 2021, filed by means of a Statutory Declaration under Rule

22, a response including exhibits, reference “PH1”, “PH2”, “PH3” & “PH4”, in response to

the evidence filed previously by the Applicant under Rule 21.

6. The parties were asked by Official letter on 16 December 2021 to advise whether they

wished to attend at hearing or file written submissions in lieu of such attendance pursuant to

Rule 25(1) & (2). The Opponent elected to file written submissions and did so on 07 April