Region: Ireland

High Court puts a lid on TUB-ITS opposition

Despite criticizing the earlier decision issued by a hearing officer at the Irish Patents Office, the High Court agreed with the hearing officer's finding to dismiss an opposition against an application to register the mark TUB-ITS for storage containers for household/kitchen use in Class 21 of the Nice Classification. The court held that there was no likelihood of confusion with an earlier mark TOPPITS (and logo) covering similar goods.

12 July 2007

Irish law undergoes major changes

The Consumer Protection Act 2007, which deals with misleading practices including those likely to cause the average consumer to confuse a competitor's product with another party's product or trademarks, has come into force. This follows the implementation of significant amendments to the Trademarks Act 1996 at the end of last year.

06 July 2007

Lack of evidence of use fatal to NUTRIFEED series of marks

The acting controller has cancelled on the grounds of non-use a registration for a NUTRIFEED/NUTRI-FEED series of marks for various types of animal feeds. The controller held, among other things, that the simple application of the trademark to lorries operated by the mark owner did not, of itself, prove that the mark was used in relation to the goods covered by the registration.

04 July 2007

Yogurt name battle turns sour for Danone

In <i>Compagnie Gervais Danone v Glanbia Food Society Limited</i>, the High Court of Ireland has ordered the revocation of the mark ESSENSIS used by milk products manufacturer Danone on its yogurt products. The court was not satisfied that the use made of the mark was use as a trademark for yogurt as its use had been confined merely to referring to an identified ingredient of the yogurt.

24 May 2007

Opposition to AVASTAT registration rejected

In <i>Rowex Limited v Merck & Co Inc</i>, the acting controller at the Irish Patents Office has dismissed an opposition against the registration of the mark AVASTAT for pharmaceuticals. Among other things, the acting controller held that the mark is not likely to cause confusion with a prior registration for AGGRASTAT.

17 May 2007

PRINCIPLES fails to prevent PRINCIPE device registration

In <i>Principe SPA v Principles Retail Limited</i>, the acting controller at the Irish Patents Office has dismissed an opposition against the registration in Ireland of the mark PRINCIPE (and device) for goods in Classes 18 and 25 of the Nice Classification, and services in Class 42. The acting controller held that the mark was not confusingly similar to a prior registration for the mark PRINCIPLES.

19 April 2007

Opposition to BIOFERT sunk by Patents Office

In <i>Veolia Water Operations Ireland Limited v Dublin City Council</i>, the acting controller at the Irish Patents Office has dismissed an opposition filed against the registration of the mark BIOFERT. While noting that a previous relationship existed between the parties, the acting controller stated, among other things, that the application had not been filed in bad faith.

11 April 2007

DRI-LI application rejected on the grounds of bad faith

A hearing officer at the Irish Patents Office has upheld an opposition against registration of a DRI-LI device mark on the grounds that the application was filed in bad faith. The hearing officer noted that the application was founded on the applicant's dishonest intention of acquiring for itself a statutory monopoly in the name DRI-LI in full knowledge that the name in question was the opponent's trademark.

20 March 2007

COMPLETE CUISINE survives opposition grilling

In <i>Complete Cuisine Limited v Cuisine de France Limited</i>, a hearing officer at the Irish Trademarks Registry has dismissed an opposition against the registration of two COMPLETE CUISINE word and device marks. The hearing officer concluded that the subject marks and the opponent's CUISINE DE FRANCE marks displayed only a low level of similarity, and the overall impression created by each mark was quite different.

15 February 2007

No confusion between TOPPITS and TUB-ITS

In <i>Reynolds Metals Company v Cofresco Frischalteprodukte GmbH & Co KG</i>, a hearing officer at the Irish Trademarks Registry has dismissed an opposition against the registration of the mark TUB-ITS for goods in Class 21 of the Nice Classification. The hearing officer held that there was no likelihood of confusion with the opponent's prior registered TOPPITS mark for similar goods.

08 February 2007

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