Archive | Australian Trade Marks Office Decisions

Trademark Registration Sydney – ATMO Decisions – October 2019

Darwin Funeral Services Pty Ltd [2019] ATMO 142 (1 October 2019) An application for trademark registration of DARWIN FUNERAL SERVICES filed on 28 September 2017 for burial (funeral) services in class 45 was refused for lack of distinctiveness. The delegate considered the applied for mark was not to any extent inherently adapted to distinguish the […]

Trademark Registration Sydney – ATMO Decisions – September 2019

Shenzhen Fernfortune International Wines Co Limited v Bilyara Vineyards Pty Ltd [2019] ATMO 131 (2 September 2019) Unsuccessful oppposition by Shenzhen Fernfortune to trademark registration of FEN FU filed on 31 October 2017 for wine in class 33 The opponent relied on grounds of opposition under ss 60 and 62A, but failed to establish either […]

Trademark Registration Sydney – ATMO Decisions – August 2019

Icelandic Milk and Skyr Corporation [2019] ATMO 116 (1 August 2019) The applicant was successful in overcoming a distinctiveness objection raised during examination of its application for trademark registration of SIMPLE SIDES filed on 6 September 2017 for yoghurt in class 29. The delegate agreed with the applicant that its yoghurt products are not “side […]

Trademark Registration Sydney – ATMO Decisions – July 2019

Salesforce.com, Inc v Intygrate Pty Ltd [2019] ATMO 103 (1 July 2019) Successful opposition by Salesforce to trademark registration of the composite mark shown below filed on 15 March 2017 for various software related goods and services in classes 9, 16 and 42 The opponent prevailed under the s44 ground. The delegate considered the applied […]

Trademark Registration Sydney – ATMO Decisions – June 2019

LD&D Australia Pty Ltd v LD&D Australia Pty Ltd [2019] ATMO 85 (3 June 2019) Successful opposition by LD&D to trademark registration of TRUE A2 filed on 9 February 2016 for various milk products in class 29. The opponent prevailed under the s41 distinctiveness ground with s41 being applied as it stood prior to the […]

Trademark Registration Sydney – ATMO Decisions – May 2019

Opel Automobile GmbH v Wanli Tire Corporation Limited [2019] ATMO 66 (1 May 2019) Unsuccessful opposition by Opel to trademark registration of ADAMAS Logo shown below filed on 3 June 2016 for various cars, wheels and tyres in class 12. The applicant did not file any evidence or participate in the hearing. Under s44, the […]

Trademark Registration Sydney – ATMO Decisions – April 2019

Fratelli Fantini SpA v Beverley Harris [2019] ATMO 44 (2 April 2019) Unsuccessful opposition by Fratelli Fantini to trademark registration of Santini filed on 5 July 2016 for various bathroom products in class 11 The opponent primarily relied on grounds of opposition under ss s42(b), 43, 44, 58, 60 and 62A, but failed to satisfy […]

Trademark Registration Sydney – ATMO Decisions – March 2019

Gadesa Trading Pty Ltd [2019] ATMO 30 (1 March 2019) An application for an extension of time to file an opposition to a removal application was refused. The relevant Fone Fix trade mark had been removed from the Register on 9 January 2018 and the extension was requested on 24 August 2018. The relevant trade […]

Trademark Registration Sydney – ATMO Decisions – February 2019

Jason Davidson v Daisy Holding Company Pty Ltd [2019] ATMO 13 (1 February 2019) Largely unsuccessful opposition by Davidson to an application for removal of his trademark registration for Figjam Logo alleging non-use during the 3 years period ending 29 August 2016 for any of the registered goods or services in classes 29, 30, 32, […]

Trademark Registration-ATMO Decisions- January 2019

Tobzac Investments Pty Ltd [2019] ATMO 1 (11 January 2019) An application for trademark registration of the stylised WEAVE mark shown below filed on 1 June 2017 for various furniture goods was refused. The s44 ground was upheld        deceptively similar to    E&J Gallo Winery v Kristy Booth [2019] ATMO 2 (14 […]