Archive | Australian Trade Marks Office Decisions

Trademark Registration Sydney – ATMO Decisions – February 2020

Odyssey VR (Virtual Reality) Pty Ltd v Samsung Electronics Co., Ltd. [2020] ATMO 15 (5 February 2020) Unsuccessful opposition by Odyssey VR to trademark registration of SAMSUNG ODYSSEY NOTEBOOK Logo shown below filed on 13 July 2017 for various computer goods for games in class 9. The opponent relied on grounds of opposition under ss […]

Trademark Registration Sydney – ATMO Decisions – January 2020

Verge Design Ltd v Romani Clothing Co ATF the Dionyssiou Family Trust [2020] ATMO 1 (10 January 2020) Successful opposition by Verge Design to trademark registration of VERGE GIRL filed on 22 December 2017 for various eyewear in class 9, jewellery in class 14, bags and leather goods in class 18, apparel in class 25, […]

Trademark Registration Sydney – ATMO Decisions – December 2019

TOMTOM International B.V v Schenzhen Tomtoc Co Ltd [2019] ATMO 170 (2 December 2019) Successful opposition by TomTom to trademark registration of TOMTOC filed on 6 March 2017 for various bags in class 18. The opponent prevailed under the s60 ground by relying on the Australian reputation derived from use of its TOMTOM trade mark […]

Trademark Registration Sydney – ATMO Decisions – November 2019

Lidl Stiftung & Co. KG [2019] ATMO 156 (1 November 2019) An application for trademark registration of #SANTACLARA filed on 3 April 2017 for goods and services in classes 14, 18, 25, 28, 29, 30, 31, 32 and 35 was refused except for the goods in class 31. The Examiner raised an objection under s41 […]

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 ‚Äúside […]

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 […]