VoltsWagon - 258398
Administrative Decision Number | 258398 |
Date | 29 June 2023 |
Section | Trade Marks Act, 1996 - 2018 - Current |
opponent | Volkswagen AG |
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. 258398 and in the matter of an
Opposition thereto.
Mr Ciaran Sherry Applicant
Volkswagen AG Opponent
The Application
1. On 30 November 2017 Ciaran Sherry of Quay Road, Ballina, Co. Mayo (hereinafter “the
Applicant”) made application (No. TM 2017/02571) under Section 37 of the Trade Marks
Act, 1996 (“the Act”) to register the mark “VoltsWagon” as a Trade Mark in respect of
“electric vehicle charging units” in Class 9.
2. The application was accepted for registration and advertised accordingly under No. 258398
in Journal No. 2355 dated 21 March 2018.
3. Notice of Opposition to the registration of the mark pursuant to Section 43 of the Act was
filed on 19 June 2018 by Volkswagen AG, Berliner Ring, Wolfsburg 28440, Germany
(hereinafter “the Opponent”). The Applicant filed a counter-statement on 23 August 2018.
4. The Opponent, on 30 May 2019, filed by means of a Statutory Declaration under Rule 20, a
response including thirteen exhibits, reference “VW1” to “VW13”, in support of their
Opposition case. The Applicant, on 11th June 2021, filed by means of a Statutory
Declaration under Rule 21, material in support of his case, including twelve exhibits,
reference “VOLTS1” to “VOLTS12”.
5. 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).
6. The Applicant elected to file written submissions and did so on 14 April 2022. The
Opponent also elected to file written submissions and did so on 19 April 2022
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