Archive | Australian Trade Marks Office Decisions

Trademark Registration Australia – ATMO Decisions – January 2015

Kimberley-Clark Worldwide Inc. v The Reject Shop Limited [2015] ATMO 2 (8 January 2015) Successful opposition by Kimberley-Clark to registration of a trade mark application for Kleenz Logo for hand cleaning agents in class 3. The opposition was upheld under the s60 reputation ground with Kimberley-Clark relying on the reputation of its KLEENEX trade mark […]

Trademark Registration Australia – ATMO Decisions – December 2014

Mars Australia Pty Ltd v Delfi Chocolate Manufacturing [2014] ATMO 113 (4 December 2014) Successful opposition by Mars to registration of the trade mark MALTITOS for various confectionery products in class 30. The opposition was based on registration and use of the famous MALTESERS trade mark. The hearing officer did not consider the applied for […]

Trademark Registration Australia – ATMO Decisions – November 2014

Techtronic Power Tools Technology Limited v Global Power Brands International Pty Ltd. [2014] ATMO 109 (4 November 2014) Unsuccessful opposition by Techtronic to registration of the trade mark SAWZILLA for power tools in class 7. Under the s44 ground, Techtronic relied on its prior registration for SAWZALL for portable reciprocating powers saws and saw blades. […]

Trademark Registration Australia – ATMO Decisions – October 2014

A2 Corporation Ltd [2014] ATMO 94 (1 October 2014) The hearing officer upheld the non-distinctiveness raised during examination and refused an application to register the trade mark TRUE A2 for semen and animal breeding products in class 5 and veterinary and animal breeding services in class 44. The Examiner contended that true breeding is a […]

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 […]