When the chips are down

We are delighted to learn that we have been successful in assisting a Monaghan based fish and chip restaurant in defending an opposition at the Irish Patents Office by an international company against the local company’s application to register a composite trade mark featuring the words The Monte Carlo and other graphic matter.  The international opponents were the registered owners of the Trade Mark MONTE CARLO which was also used in relation to a casino, hotel and spa in the State of Monaco.  Comparing the respective marks, the Hearing Office found that while there was some similarity between the respective trade marks  (both contained the words “Monte Carlo”), the marks, taken as a whole, were dissimilar and would not be confused.  All eleven grounds of the opposition were dismissed and the Hearing Officer also found that the Opponents had not established a reputation in Ireland under the trade mark which would primarily be recognised by Irish people as a geographical term .

And hot on the heels of this success, the Patents Office has also found in our clients’ favour in three other contentious matters, namely in rejecting an application to register the Trade Mark MARIE CLAIRE for clothing, defending an application to register the Trade Mark BETPACK against an opposition based upon the Trade Mark BETDAQ and successfully preventing registration of the Trade Mark HOUSE OF SOLO in respect of certain goods for a client who owned the Trade Mark SOLO.

For further information please contact Cliff Kennedy or Bernadette Walsh by email at mail@maclachlan.ie

 

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