Archive | Australian Trade Marks Office Decisions

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 […]

Trademark Registration Sydney – ATMO Decisions – December 2020

Litigation Manage Pty Ltd [2020] ATMO 184 (1 December 2020) The applicant successfully challenged revocation of acceptance of its application for trademark registration of reddebtor (stylised) filed on 29 April 2020 for various business information and debt collection services in classes 35 and 36. The attorneys for Red Energy Pty Ltd alerted the Registrar to […]

Trademark Registration Sydney – ATMO Decisions – November 2020

Cork & Chroma Pty Ltd v Cocktails & Canvas Asset Corp Pty Ltd [2020] ATMO 171 (3 November 2020) Successful opposition by Cork & Chroma to trademark registration of CORK & CANVAS Logo shown below filed on 21 December 2017 for various services in class 41. The opponent prevailed under the s60 ground based on […]

Trademark Registration Sydney – ATMO Decisions – October 2020

McPherson’s Consumer Products Pty Limited v Perfectscents Hand Made Soaps Pty Ltd [2020] ATMO 160 (6 October 2020) Successful opposition by McPherson’s to trademark registration of SPIRITUAL ALCHEMY filed on 14 November 2017 for various beauty and personal care products in class 3. The opponent prevailed under the s44 ground by relying on its prior […]

Trademark Registration Sydney – ATMO Decisions – September 2020

TRU Kids Inc v Bean bags R Us Pty Ltd [2020] ATMO 144 (1 September 2020) Unsuccessful opposition by TRU Kids to trademark registration of ‘beanbags r us’ (Stylised) as shown below filed on 3 May 2018 for bean bags in class 20. The opponent relied on grounds of opposition under ss 42(b), 44 and […]

Trademark Registration Sydney – ATMO Decisions – August 2020

NCL Corporation Ltd v Norwegian Brand Ltd [2020] ATMO 131 (3 August 2020) This concerned oppositions by NCL to trade mark registration of two composite marks containing NORWEGIAN.COM filed on 20 January 2017 for a broad range of goods and services in classes 16, 35, 38, 39 and 43. NCL’s evidence in support was due […]