Archive | Australian Trade Marks Office Decisions

Trademark Registration Australia – ATMO Decisions – September 2014

Doric Management Pty Ltd v Loukat Holdings Pty Ltd [2014] ATMO 99 (4 September 2014) Successful opposition by Doric to registration of the trade mark shown below for stone benchtops and counters in class 19 as well as related installation services in class 37 and processing of marble and granite in class 40. Doric Constructions […]

Trademark Registration Australia – ATMO Decisions – August 2014

Fairmont Hotel Management L.P. v Schwartz Family Co. Pty Limited. [2014] ATMO 69 (6 August 2014) Successful opposition by Fairmont Hotel Management to registration of the trade mark FAIRMONT for accommodation as well as food and drink services in class 43. The trade mark application was filed by Schwartz on 13 December 2010 just before […]

Trademark Registration Australia – ATMO Decisions – July 2014

NetApp Inc v Trading Reference Australia Pty Limited [2014] ATMO 61 (3 July 2014) Unsuccessful opposition by NetApp to registration of the trade mark shown below for a broad range of goods and services in classes 9, 35, 36 and 38, particularly relating to real estate and tenants. The opponent relied on use of its […]

Trademark Registration Australia – ATMO Decisions – June 2014

Soap & Glory Limited v Boi Trading Company Limited [2014] ATMO 47 (3 June 2014) Successful opposition by Soap & Glory to registration of the trade mark PRIDE & GLORY for various cosmetics and personal care products in class 3. The applicant filed evidence but did not participate in the hearing or file submissions. The […]

Trademark Registration Australia – ATMO Decisions – May 2014

International Awards Group LLC v Asian Advertising Festival (Spikes) Asia Pte Limited [2014] ATMO 35 (2 May 2014) Successful opposition by International Awards Group to registration of the trade mark AME for various promotional services in class 35 and entertainment services in class 41. The hearing officer was satisfied the opponent had a superior claim […]

Trademark Registration Australia – ATMO Decisions – April 2014

Tchen Kil Tchun [2014] ATMO 28 (2 April 2014) An application to register the trade mark LANCASTER for leather goods in class 18 and belts in class 25 was refused following a hearing. Since the application was filed on 29 March 2012, the now repealed s41 was applicable. The examination objection was framed in terms […]

Trademark Registration Australia – ATMO Decisions – March 2014

Storage King Pty Ltd and Storage King Services Pty Ltd v King Arthurs Storage [2014] ATMO 21 (3 March 2014) Successful opposition by Storage King to registration of the trade marks KING ARTHURS word and logo as shown below for various storage services in class 39 Storage King owned prior registrations for its STORAGE KING […]

Trademark Registration Australia – ATMO Decisions – February 2014

Radio Systems Corp v Sustainable Agriculture and Food Enterprises Pty Ltd [2014] ATMO 12 (13 February 2014) Successful opposition under s60 by Radio Systems Corporation to registration of an application to register the trade mark petsafe logo as shown below for various animal foodstuffs in class 31. The opponent owned an earlier registration for the […]

Trademark Registration Australia – ATMO Decisions – January 2014

Unilever Plc v XADO-Holding Ltd [2014] ATMO 1 (8 January 2014) Unsuccessful opposition by Unilever to registration of the trade mark DOMO for a broad range of cleaning and personal care products in class 3. Unilever relied on use and registration of its OMO and DOMESTOS trade marks, but the Hearing Officer did not consider […]

Trademark Registration Australia – ATMO Decisions – December 2013

Bickford’s Australia Pty Ltd v Tata Sons Limited [2013] ATMO 100 (3 December 2013) Bickford’s successfully opposed registration of the trade mark TATA WATER PLUS for various printed materials in class 16 and non alcoholic beverages in class 32 and defended its WATERPLUS/WATER+ trade mark registration against an allegation of non use during the 3 […]