ViberStore - 263638

• Administrative Decision Number: 263638
• Date: 10 April 2025
• Section: Trade Marks Act, 1996 - 2018 - Current
• opponent: Viber Media S.à r. l.

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. 263638 and in the matter of an

Opposition thereto.

The ViberStore Group Limited Applicant

Viber Media S.à r.l. Opponent

The Application

1.On 4 August 2020 The ViberStore Group Limited of 16 Oak Road Business Park, Dublin 12

(hereinafter “the Applicant”) made application (No. TM 2020/01339) under Section 37 of

the Trade Marks Act, 1996 (“the Act”) to register the mark “” as a

Trade Mark in respect of “Presentation of goods on communications media, for retail

purposes; Presentation of goods and services” ” in Class 35.

2.The application was accepted for registration and advertised accordingly under No. 263638

in Journal No. 2423 dated 28 October 2020.

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

filed on 22 January 2021 by Viber Media S.à r.l., 2, rue du Fossé/ L-1536 Luxembourg

(hereinafter “the Opponent”). The Applicant filed a counter-statement on 9 March 2021.

4.The Opponent, on 31 August 2021,filed by means of a Statutory Declaration under Rule 20,

a response in support of their Opposition case. The Applicant, on 9 March 2022, filed by

means of a Statutory Declaration under Rule 21, material in support of his case, including

four exhibits, reference “A”to “D”.

5.The parties were asked by Official letter on 12 July 2022 to advise whether they wished to

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

25(1) & (2).