SALVADO RUM - 265194

• Administrative Decision Number: 265194
• Date: 09 July 2025
• Section: Trade Marks Act, 1996 - 2018 - Current
• opponent: Paulaner Brauerei Gruppe GmbH & Co. KGaA

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. 265194 and in the matter of an

Opposition thereto.

BLACKWATER DISTILLERY LIMITED Applicant

(Represented by FRKelly)

Paulaner Brauerei Gruppe GmbH & Co. KGaA Opponent

(Represented by Mason Hayes & Curran LLP)

The Application

1. On 2 February 2021 (the relevant date), Blackwater Distillery Limited, of Church Road,

Ballyduff Upper, Co Waterford, (hereinafter “the Applicant”) made application (No.

2021/00232) under Section 37 of the Trade Marks Act, 1996 (“the Act”) to register the trade

mark “SALVADO RUM” in respect of the following goods in Class 33: Alcoholic beverages

(except for beer); pre-mixed alcoholic beverages, other than beer based; spirits; rum.

2. The application was accepted for registration and advertised accordingly under No. 265194 in

Journal No. 2441 dated 07/07/2021.

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

on 6 October 2021 on behalf of Paulaner Brauerei GmbH., a German Company of

Ohlmullerstrase 42, D-81541 Munich, Germany, (hereinafter “the Opponent”) by their

Representative Mason Hayes & Curran LLP. The Applicant, represented by their Agent

FRKelly, filed a counter-statement on 10 January 2022. The Opponent subsequently filed

evidence under Rule 20 of the Trade Marks Rules, 1996 (“the Rules”) on 5 September 2022.

The Applicant, as is its right, elected not to file evidence under Rule 21 as per their

communication of 24 November 2022.

4. Both the Applicant and the Opponent were asked to indicate their choice as to whether to attend

at Hearing or to have the matter decided based on their written submissions. The Applicant

decided not to attend at Hearing and not to file any additional submission in lieu of this. The

Opponent elected to file written submissions in lieu of attending a Hearing and did so on 12

May 2023. The parties were notified on 22 November 2023 that I had decided to dismiss the

opposition and to allow the mark to proceed to registration. I now state the grounds of my