Archive | Australian Trade Marks Office Decisions

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 […]

Trademark Registration-ATMO Decisions-December 2018

Paypal, Inc v Finpal Pty Ltd [2018] ATMO 196 (10 December 2018) Successful oppositions by Paypal to trademark registration of FinPal Logo and FINPAL filed on 14 September 2016 and 23 February 2017 for financial related goods and services in classes 9, 36 and 42. The opponent prevailed under the s60 ground based on the […]

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. […]