Archive | Australian Trade Marks Office Decisions

Trademark Registration Sydney – ATMO Decisions – February 2022

Duncan Farquhar v Kristy Hobson [2022] ATMO 14 (2 February 2022) Unsuccessful opposition by Farquhar to trademark registration of EcoConnect filed on 3 August 2020 for various education related services in class 41. The opponent relied on grounds of opposition under ss 43, 44, 58, 58A, 59, 60 and 62A, but failed to establish any […]

Trade Mark Registration Sydney – ATMO Decisions – January 2022

Martin Richards v Black Star Pastry Pty Ltd [2022] ATMO 1 (4 January 2022) Partly successful oppositions by Richards to trademark registration of BLACK STAR PASTRY (in plain word and logo forms) filed on 4 September 2018 for packaging in class 16, retail services in class 35 as well as various hospitality and food related […]

Trademark Registration Sydney – ATMO Decisions – December 2021

Luma Stiftung v Grande Projects Pty Ltd [2021] ATMO 148 (1 December 2021) Unsuccessful opposition by Luma Stiftung to trademark registration of The Lume filed on 10 October 2019 for a broad range of entertainment related services in class 41. The opponent did not file any evidence and could rely only on the s44 ground […]

Trademark Registration Sydney – ATMO Decisions – November 2021

Publishing By Chelle Pty Ltd v Ausbiz TV Pty Ltd [2021] ATMO 130 (1 November 2021) Unsuccessful opposition by Publishing By Chelle to trademark registration of AUSBIZ filed on 7 August 2019 for various goods and services in classes 9, 38 and 41. The opponent relied on grounds of opposition under ss 42(b), 58 and […]

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 […]