Recharge - 263496

Administrative Decision Number263496
Date28 February 2023
opponentPearse Hegarty
SectionTrade Marks Act, 1996 - 2018 - Current
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

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