Archive | Australian Trade Marks Office Decisions

Trademark Registration – November 2016-ATMO Decisions

The Institute of Chartered Accountants in Australia v Association of International Certified Professional Accountants [2016] ATMO 94 (2 November 2016) Unsuccessful opposition by The Institute of Chartered Accountants (Institute) to trademark registration of CHARTERED GLOBAL MANAGEMENT ACCOUNTANT filed on 22 March 2011 for various association services relating to accountancy and financial reporting in class 35. […]

Trademark Registration-October 2016-ATMO Decisions

Treadwell Original Drifters LLC and Prism Music Group Ltd v WL Trout Promotions Pty Ltd [2016] ATMO 80 (5 October 2016) Treadwell and Prism were successful in defending their trademark registration for THE DRIFTERS against a non use removal application and in opposing an application for trademark registration of BILLY WISHINGTON’S DRIFTER’S filed by Trout. […]

Trademark Registration-September 2016-ATMO Decisions

Black Dog Institute v Black Dog Ride Pty Ltd [2016] ATMO 66 (1 September 2016) Unsuccessful opposition by Black Dog Institute (BDI) to trademark registration of BLACK DOG RIDE (Stylised) filed on 21 June 2012 for organising charitable fund raising events in class 41 and on 13 December 2012 for hats, clothing in class 25. […]

Trademark Registration-August 2016-ATMO Decisions

National Australia Bank Limited v Mattel, Inc [2016] ATMO 59 (4 August 2016) Successful opposition by NAB to applications for trade mark registration of NABI and NABI CLOUD. The NABI application was filed on 4 April 2013 for various computer related goods in class 9, while the NABI CLOUD application was filed on 7 February […]

Trademark Registration-July 2016-ATMO Decisions

Majans Pty Ltd [2016] ATMO 47 (11 July 2016) Unsuccessful application for trademark registration of BHUJA filed on 4 November 2014 for various foodstuffs in classes 29 and 30. The Examiner initially raised a non distinctiveness objection under s41 of the Act based on the word BHUJA being commonly used in relation to snack foods […]

Trademark Registration-June 2016-ATMO Decisions

Bellevue Consultancy Services Pty Ltd [2016] ATMO 33 (2 June 2016) Unsuccessful objection to revocation of acceptance of applications to register the trade marks CRADLE MOUNTAIN BEEF and CRADLE MOUNTAIN LAMB filed on 28 September 2015 for fresh meat in class 29. The Examiner conducted some research into the geographical significance of Cradle Mountain and […]

Trademark Registration – May 2016 – ATMO Decisions

Horizons (Asia) Pty Ltd v Enagic Australia Pty Ltd and Enagic Co., Ltd [2016] ATMO 26 (2 May 2016) Unsuccessful opposition by Horizons to an application for removal of its trademark registration for ENAGIC alleging non use during the three year period ending on 11 February 2014. The trademark registration dated from 10 January 2009 […]

Trademark Registration – April 2016 – ATMO Decisions

MCDONALD’S CORPORATION v Mark Vincent Glaser [2016] ATMO 22 (11 April 2016) Successful opposition by McDonald’s to trademark registration of McKosher filed on 8 November 2013 for various foodstuffs  and beverages in classes 29, 30 and 32 as well as food and beverage related services in class 43. The applicant filed some evidence, but did […]

Trademark Registration – March 2016 – ATMO Decisions

Big Screen Video Pty Ltd v Pyramid Circle Holdings Pty Ltd t/a LED Sign Supply [2016] ATMO 16 (4 March 2016) Unsuccessful opposition by Big Screen Video to trademark registration of the Logo mark shown below filed on 22 January 2014 for various display apparatus in class 9. The applicant did not file any evidence […]

Trademark Registration-February 2016-ATMO Decisions

SCHULKE & MAYR GMBH v Ecolab USA Inc [2016] ATMO 8 (1 February 2016) Unsuccessful opposition by Schulke & Mayr to trademark registration of MICROGUARD filed on 15 June 2012 for various skin care products in classes 3 and 5. The opponent relied on its prior trademark registrations for MICROSHIELD covering similar goods. However, the […]