Archive | Australian Trade Marks Office Decisions

Trade Mark Registration Sydney – ATMO Decisions – October 2021

Billie Inc v Sergey Kayudin [2021] ATMO 112 (1 October 2021) Successful opposition by Billie Inc to trademark registration of BILLIE filed on 28 September 2018 for shaving products in class 3 and 8. The opponent prevailed under the s59 intention to use ground. The applicant did not file any evidence or participate in the […]

Trademark Registration Sydney – ATMO Decisions -September 2021

Pernod Ricard Winemakers Pty Ltd v Clare Frances Eddington and William Henry Eddington [2021] ATMO 94 (2 September 2021) Unsuccessful opposition by Pernod Ricard to trademark registration of Richmond Park Estate filed on 4 March 2019 for various goods in class 24 as well as wine related goods and services in classes 33, 35 and […]

Trademark Registration Sydney – ATMO Decisions – August 2021

Gopro Inc v Ross Walmsley [2021] ATMO 76 (2 August 2021) Unsuccessful opposition by Walmsley to an application for removal of his trademark registration for Gopro Logo shown below alleging no good faith use in the 3 years period ending 28 December 2019. The registration dated from 14 January 2013 and covered a broad range […]

Trademark Registration Sydney – ATMO Decisions – July 2021

Cumulo Group Pty Ltd v RTRNA PTY LTD [2021] ATMO 60 (1 July 2021) Unsuccessful opposition by Cumulo Group to trademark registration of RTRNA filed on 8 February 2019 for various domestic utensils and containers in class 21 and a broad range of services in class 35. The opponent relied on grounds of opposition under […]

Trademark Registration Sydney – ATMO Decisions – June 2021

Wild Environmental Consultants Pty Ltd v Wildplan Pty Ltd [2021] ATMO 46 (1 June 2021) Unsuccessful opposition by Wild Environmental to trademark registration of wildPLAN filed on 19 March 2019 for various services in classes 35, 42 and 45, particularly relating to town and social planning. The opponent relied on grounds of opposition under ss […]

Trademark Registration Sydney – ATMO Decisions – May 2021

R & R C Bond (Wholesale) Ltd [2021] ATMO 36 (10 May 2021) The applicant was successful; in overcoming a distinctiveness objection raised during examination of its application for trademark registration of CHURCHILL filed on 20 March 2019 for various vehicle parts in class 12. The Examiner’s objection was based on CHURCHILL being the name […]

Trademark Registration Sydney – ATMO Decisions – April 2021

Bianca-Moden GmbH & Co. KG v Bianca and Bridgett Pty Ltd [2021] ATMO 30 (15 April 2021) Unsuccessful opposition by Bianca-Moden to trademark registration of BIANCA AND BRIDGETT filed on 5 September 2018 for various apparel in class 25. The opponent relied solely on the s44 ground of opposition but failed to establish that ground. […]

Trademark Registration Sydney – ATMO Decisions – March 2021

REA Group Ltd v Real estate Store Pty Ltd [2021] ATMO 18 (4 March 2021) Successful opposition by REA Group to trademark registration of the composite mark shown below filed on 30 November 2017 for various goods and services in classes 9, 35, 36, 37, 38, 41 and 42. The opponent prevailed under the s60 […]

Trademark Registration Sydney -ATMO Decisions – February 2021

Jamie Smith, Oliver Sim and Romy Croft v Coen Rodgers [2021] ATMO 9 (3 February 2021) Unsuccessful opposition by Smith, Sim and Croft to trademark registration of the logo mark shown below filed on 31 January 2018 for various eyewear in class 9 and apparel in class 25. The opponents relied on grounds of opposition […]

Trademark Registration Sydney – ATMO Decisions – January 2021

PM-International AG v Jeunesse Global Holdings LLC [2021] ATMO 1 (5 January 2021) Successful opposition by PM-International to trademark registration of PM ESSENTIALS Logo shown below filed on 12 July 2018 for various dietary and nutritional products in class 5. The opponent prevailed under the s44 ground by relying on its prior registered mark shown […]