Archive | Australian Trade Marks Office Decisions

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 […]

Trademark Registration Sydney – ATMO Decisions – July 2020

Bacardi & Company Limited v Dickinson Distribution Group Pty Ltd [2020] ATMO 117 (1 July 2020) Unsuccessful opposition by Bacardi to trademark registration of Royal Bombay Premium Lager filed on 11 August 2017 for beer products in class 32. The opponent relied on grounds of opposition under ss 42(b), 44 and 60, but failed to […]

Trademark Registration Sydney – ATMO Decisions – June 2020

G. & K. Fine Foods Pty Ltd v J DeLuca Fish Company, Inc. [2020] ATMO 97 (2 June 2020) Unsuccessful opposition by G & K Fine Foods to an application for removal of a trademark registration for ‘by Delucas’ in the name of Royal Foods Aust Pty Ltd alleging non-use during the 3 years period […]

Trademark Registration Sydney – ATMO Decisions – May 2020

Compagnie des Montres Longines S.A. v Point Tec Products Electronic GmbH [2020] ATMO 72 (5 May 2020) Unsuccessful opposition by Longines to trademark registration of IRON ANNIE Logo shown below filed on 30 May 2017 for beauty care products, watches and apparel in classes 3, 14 and 25. The opponent relied on grounds of opposition […]

Trademark Registration Sydney – ATMO Decisions – April 2020

Foxtel Management Pty Ltd v Beijing Qiyi Century Science & Technology Co Ltd [2020] ATMO 50 (1 April 2020) Successful opposition by Foxtel to trademark registration of the IQIYI Logo mark shown below filed on 15 June 2017 for various goods and services in classes 9, 35, 38, 41 and 42. The opponent prevailed under […]

Trademark Registration Sydney – ATMO Decisions – March 2020

L & T Trading Pty Ltd v Cong Ty Co Phan Ky Nghe Thuc Pham Vietnam (Vietnam Food Industries Joint Stock Company) [2020] ATMO 33 (3 March 2020) Partly successful opposition by L&T Trading to an application for removal of its trademark registrations for VIFON (word and logo) alleging non-use during the 3 years period […]

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 […]