Archive | Australian Trade Marks Office Decisions

Trademark Registration Australia – ATMO Decisions – July 2013

Next Retail Limited [2013] ATMO 51 (2 July 2013) Successful application by Next Retail for an extension to file evidence in support of its opposition to registration of the trade mark Next Director for educational materials in class 16 and education related services in class 41. The Notice of Opposition was filed on 31 May […]

Trademark Registration Australia – ATMO Decisions – June 2013

Malina Schindler and Adrian Schindler v Intellectual Property Development Corporation Pty Ltd [2013] ATMO 36 (6 June 2013) Successful opposition by the Schindlers to registration of the trade mark ZIG ZAG for beer in class 32. The evidence disclosed the Zig Zag Brewery had originally been built in 1884 and operated under that name until […]

Trademark Registration Australia – ATMO Decisions – May 2013

Specsavers Pty Ltd v Luxottica Group S.p.A. [2013] ATMO 24 (2 May 2013) Unsuccessful opposition by Specsavers to registration of the following trade mark for optical goods and related retailing services: The Opponent argued that devices of circles and hearts are commonly used. Heart devices are symbolic of love as, for example, exemplified by prevalent […]

Trademark Registration Australia – ATMO Decisions – April 2013

Trend Windows & Doors Pty Ltd v Saint-Gobain Glass France [2013] ATMO 21 (3 April 2013) Trend (represented by Gerard Skelly) successfully defended its registrations for the Quantum word and logo trade marks in respect of non-metallic windows and doors against a challenge on the ground of non-use by Saint-Gobain Glass. The Registrar’s Delegate was […]

Trademark Registration Australia – ATMO Decisions – March 2013

Toddler Kindy Gymbaroo Pty Ltd v Gym-Mark, Inc [2013] ATMO 15 (1 March 2013) Successful application by Gym-Mark for partial removal of the GYMBAROO trade mark registration on the ground of non-use. This case turned on its particular facts, but the Registrar’s Delegate did express the opinion there is no principle of general application in […]

Trademark Registration Australia – ATMO Decisions – February 2013

1-800-FLOWERS.COM, Inc. v Flowerscorp Pty Ltd [2013] ATMO 11 (5 February 2013) Successful non-use application for removal of a registration for a composite trade mark containing 1800-FLOWERS for services including the retailing, delivery and arranging of flowers in classes 35, 39 and 42. The Delegate did not accept use of the phone name 1-800 – […]

Trademark Registration Australia – ATMO Decisions – January 2013

Scotch Whisky Association v Jin Ho Lee and Myong Gil Lee [2013] ATMO 1 (9 January 2013) Successful opposition to registration of a trade mark for a label containing the word McDowell’s for whisky in class 33 based on lack of intention to use. The evidence disclosed a pattern of the Applicants applying to register […]