Archive | Australian Trade Marks Office Decisions

Trademark Registration-November 2015-ATMO Decisions

Nine Network Australia Pty Ltd v 9 Strategic Pty Ltd [2015] ATMO 109 (6 November 2015) Successful opposition by Nine Network to trademark registration of 9 STRATEGIC shown below filed on 7 September 2011 for advertising, marketing, business and retail services in class 35.   The applicant is a marketing company founded in 2011 in […]

Trademark Registration-October 2015-ATMO decisions

Ananda Marga Pracaraka Samgha Ltd v Seva Darma Mission (Australia) Ltd [2015] ATMO 96 (7 October 2015) Successful opposition by Ananda Marga to an application by Seva Darma Mission seeking removal of a trademark registration for ANANDA MARGA covering various goods and services in classes 16, 41 and 42, alleging non use during the 3 […]

Trademark Registration – ATMO Decisions – September 2015

Texas Instruments Incorporated [2015] ATMO 80 (4 September 2015) The applicant was able to overcome an objection raised during examination based on an allegedly prior similar mark. The applicant applied to register the composite trade mark shown below for micromirror chipsets for projectors in class 9: During examination a s44 objection based on a prior […]

Trademark Registration Australia – ATMO Decisions – August 2015

Pacific Magazines Pty Limited v Bauer Consumer Media Limited [2015] ATMO 69 (5 August 2015) Successful opposition by Pacific Magazines to registration of the trade mark TEST KITCHEN filed on 27 September 2011 for printed materials in class 16 and publishing and cooking related instructional services in class 41. The opponent had a trade mark […]

Trademark Registration Australia – ATMO Decisions – July 2015

My Brilliance Pty Ltd v Brilliance Publishing Inc [2015] ATMO 63 (2 July 2015) Unsuccessful opposition by My Brilliance to registration of the trade mark BRILLIANCE AUDIO filed on 30 June 2010 for various electronic publications in class 9 and publishing services in class 41 which was accepted under the prior continuous use provision. The […]

Trademark Registration Australia – ATMO Decisions – June 2015

Rotary International v Interact Australia (Victoria) Ltd [2015] ATMO 44 (2 June 2015) An application for an extension of time to file evidence in support was refused. Rotary International opposed registration of the Interact Australia trade mark shown below filed on 16 December 2010 for various services in classes 35, 36, 37, 39, 41, 43, […]

Trademark Registration Australia – ATMO Decisions – May 2015

Major League Baseball Properties Inc v The National Magazine Company Limited [2015] ATMO 35 (4 May 2015) Successful opposition by Major League Baseball to registration of the trade mark RED filed on 28 July 2005 for printed matter in class 16, news agencies in class 38 and various publishing related services in class 41. Both […]

Trademark Registration Australia – ATMO Decisions – April 2015

Apax Partners Midmarket v Apax Partners LLP [2015] ATMO 30 (2 April 2015) Unsuccessful opposition by Apax Partners Midmarket to registration of the trade mark APAX for a range of venture capital and private equity related services in class 36. The trade mark application was a divisional claiming priority from earlier applications, but the applicant […]

Trademark Registration Australia – ATMO Decisions – March 2015

ASEP Healthcare Ltd v Multigate Medical Products Pty Ltd [2015] ATMO 24 (3 March 2015) Unsuccessful opposition by ASEP Healthcare to registration of the TourniTape Logo trade shown below filed on 28 February 2012 for surgical and medical equipment in class 10. ASEP Healthcare marketed a disposable medical tourniquet under the trade mark TOURNISTRIP and […]

Trademark Registration Australia – ATMO Decisions – February 2015

Caprice Australia Pty Ltd v MG Icon LLC [2015] ATMO 8 (2 February 2015) Successful opposition by Caprice to a removal application alleging non use of its MATERIAL GIRL trade mark for clothing in class 25 during the 3 year period ending on 16 February 2012. Caprice acquired rights to the trade mark registration on […]