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 11thJune 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