Trade Mark News & Information

Trademark Registration Australia – ATMO Decisions – February 2013

1-800-FLOWERS.COM, Inc. v Flowerscorp Pty Ltd [2013] ATMO 11 (5 February 2013)

Successful non-use application for removal of a registration for a composite trade mark containing 1800-FLOWERS for services including the retailing, delivery and arranging of flowers in classes 35, 39 and 42. The Delegate did not accept use of the phone name 1-800 – Flowers as constituting use of the composite registered mark and the other evidence relied upon by the registered owner was not sufficient to persuade the Delegate there had been good faith use of the registered mark during the relevant three year period.

 

Apple Inc. [2013] ATMO 13 (22 February 2013)

An application to register the trade mark APP STORE for services including retailing of computer software, telecommunications and computer related services in classes 35, 38 and 42 was refused despite the provision of supporting evidence. The Delegate considered that the words APP STORE do not distinguish the applicant on their own and the evidence relied upon by the applicant, including survey evidence, did not demonstrate that APP STORE had acquired a meaning related to the applicant which overshadowed its descriptive meaning.

 

Australian Curriculum, Assessment and Reporting Authority v Ogawie Pty Ltd [2013] ATMO 14 (26 February 2013)

Successful opposition to registration of an application to register a composite trade mark containing the words NAPLAN ONLINE for various computer software and related software services in classes 9 and 42. The Delegate was satisfied there would be a likelihood of deception or confusion arising from the reputation of the opponent’s NAPLAN trade mark in the education field.