Archive | Australian Trade Marks Office Decisions

Trademark Registration-ATMO Decisions- November 2018

Red Moon Srl [2018] ATMO 177 (1 November 2018) Application for trademark registration of Swing Natural More Logo shown below filed on 22 September 2016 for goods in classes 29, 31, 32 and 33. The applicant deleted class 33 to overcome a s44 objection based on a prior registration for SWING and a s43 plant […]

Trademark Registration-ATMO Decisions-October 2018

Saravana Bhavan Holdings Limited v Hotel Saravana Bhavan Pty Ltd [2018] ATMO 157 (2 October 2018) Application for trademark registration of composite mark containing the words HOTEL SARAVANA BHAVAN filed on 4 July 2014 in class 43. Section 44(2) ground established, but applicant able to rely on prior continuous use under s44. No evidence relied […]

Trademark Registration – ATMO Decisions – September 2018

Macy’s Merchandising Group Inc v Sheertex Pty Ltd [2018] ATMO 135 (3 September 2018) Successful opposition by Macy’s to trademark registration of STYLE & CO filed on 11 April 2016 for various textile goods in class 24. The applicant objected to parts of the opponent’s written submissions which, in effect, attempted to introduce new evidence. […]

Trademark Registration – ATMO Decisions – August 2018

Onkyo Kabushiki Kaisha doing business as Onkyo Corporation v Dynaudio Holdings A/S [2018] ATMO 120 (1 August 2018) Unsuccessful opposition by Dynaudio to trademark registration of a composite mark containing the words Dynamic Audio Amplification as shown below filed on 22 April 2016 for a broad range of goods in class 9. Both parties filed […]

Trademark Registration – ATMO Decisions – July 2018

Chris Di Lorenzo & Dora Di Lorenzo v Denversian Pty Ltd [2018] ATMO 105 (2 July 2018) Unsuccessful opposition by Di Lorenzo to trademark registration of BLACK SHEEP filed on 10 September 2015 for restaurant, café and bistro services in class 43. This trademark application was accepted with a s44(4) endorsement based on prior continuous […]

Trademark Registration – ATMO Decisions – June 2018

Kerry Luxembourg S.a.r.l.v Nanny Annie Pty Ltd [2018] ATMO 92 (6 June 2018) Unsuccessful opposition by Kerry to trademark registration of Vinci Coffee filed on 27 February 2015 for coffee and coffee products in class 30. Shortly after the applicant filed its Notice of Intention to Defend the opposition, Kerry applied to amend its Statement […]

Trademark Registration – ATMO Decisions – May 2018

TWM Imports Pty Ltd v Hangzhou Great Star Industrial Co., Ltd [2018] ATMO 61 (1 May 2018) Successful opposition by TWM to trade mark registration of MILLERS FALLS filed on 2 November 2015 for various goods in classes 6, 8, 9 and 20. The s60 reputation ground of opposition was upheld with the opponent relying […]

Trademark Registration – ATMO Decisions – April 2018

AEGIR MARINE PTY LTD v AEGIR-Marine B.V. [2018] ATMO 45 (3 April 2018) Successful opposition by Aegir Marine Pty Ltd to an application for removal of its trademark registration for AEGIR MARINE Logo alleging non-use for the three years period ending on 23 July 2016 for various goods and services in classes 9, 41, 42 […]

Trademark Registration – ATMO Decisions – March 2018

SG Fleet Australia Pty Ltd v Mark Telfer [2018] ATMO 31 (3 March 2018) Unsuccessful opposition by SG Fleet to an application for removal of its trademark registration for NOVALEASE covering finance services for motor vehicle fleets in class 36 alleging non-use during the 3 year period ending on 7 March 2016. Both parties filed […]

Trademark Registration – ATMO Decisions – February 2018

Irene Notaras v Barcelona Pty Limited [2018] ATMO 12 (1 February 2018) Unsuccessful opposition by Notaras to an application for trademark registration of ATOMIC filed on 8 April 2015 for various bags and packaging in class 16, cups and containers in class 21, foods in classes 29 and 30, coffee grinding and roasting services in […]