Archive | Australian Trade Marks Office Decisions

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 […]

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 […]