Archive | Australian Trade Marks Office Decisions

Trademark Registration – ATMO Decisions – March 2018

SG Fleet Australia Pty Ltd v Mark Telfer [2018] ATMO 31 (3 March 2018) Unsuccessful opposition by SG Fleet to an application for removal of its trademark registration for NOVALEASE covering finance services for motor vehicle fleets in class 36 alleging non-use during the 3 year period ending on 7 March 2016. Both parties filed […]

Trademark Registration – ATMO Decisions – February 2018

Irene Notaras v Barcelona Pty Limited [2018] ATMO 12 (1 February 2018) Unsuccessful opposition by Notaras to an application for trademark registration of ATOMIC filed on 8 April 2015 for various bags and packaging in class 16, cups and containers in class 21, foods in classes 29 and 30, coffee grinding and roasting services in […]

Trademark Registration – ATMO Decisions – January 2018

Intercast Europe Srl v Next Holdings Limited [2018] ATMO 1 (9 January 2018) Unsuccessful opposition by Intercast Europe to an application for trademark registration of the word mark NEXT filed on 13 October 2009 for various goods and services in classes 9, 14, 18, 25 and 35. Under the s44 ground, the opponent relied on […]

Trademark Registration – ATMO Decisions – July 2017

Allan Geoffrey McNeil v Fabric8 Technology Pty Ltd [2017] ATMO 66 (11 July 2017) McNeil was unsuccessful in his opposition to an application for registration of the trademark FABRIC8 filed by Fabric8 Technology . However, he did successfully defend his FABRIC8 trademark registration against a non-use removal application. Fabric8 Technology filed, on 25 September 2015, […]

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 […]