VoltsWagon - 258398

Administrative Decision Number258398
Date29 June 2023
SectionTrade Marks Act, 1996 - 2018 - Current
opponentVolkswagen AG
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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