The West County Hotel in Ennis has been given leave by the High Court to challenge the Controller of Trademarks' decision to accept "The Porter House" as a trademark of a public house in Parliament Street, Dublin.
Mr Dennis McDonald, counsel for the Co Clare hotel, said the West County ran a restaurant and bar known as Boru's Porterhouse. As a result of a warning letter last year from the owners of The Porter House in Dublin, his client had asked the controller to notify them should he accept the Dublin company's trademark application.
Mr McDonald said that last June 25th the West County Hotel had been told by the controller that he had accepted the Dublin firm's application as long ago as February 11th and "deeply regretted" having failed to notify them.
He said that as a result of the delay the three months allowed for filing notice of opposition to the controller's decision had expired, shutting out the West County from opposing the decision.
Mr Justice Quirke granted the hotel leave to seek a judicial review quashing the controller's decision.