02 April, 2015
Spruson

Australian Trade Mark Office Decisions Summary February 2015

Australian Trade Mark Office Decisions Summary February 2015

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice.

 
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Caprice Australia Pty Ltd v MG Icon LLC [2015] ATMO 8 (2 February 2015)

Madonna’s not the only MATERIAL GIRL
Sufficient use during and after relevant period to retain MATERIAL GIRL registration (section 92).
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SMA Solar Technology AG v Sunny Sign Company Pty Ltd [2015] ATMO 9 (2 February 2015)

SUNNY Side Up
Prior family of ‘SUNNY’ registrations not similar to SUNNY SIGN Logo (sections 44 and 60).
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Courier Luggage Pty Ltd v Wenger SA Inc [2015] ATMO 10 (3 February 2015)

It’s in the Bag
Use of similar trade marks enough to retain registration (section 92).
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Light Path Innovation Pty Ltd v G8 Pty Ltd [2015] ATMO 11 (4 February 2015)

GEARing up for Appeal
Further evidence allowed after misunderstanding of procedure (reg 5.15).
Read full article >>

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CERAMICHE CAESAR S.p.A. v CaesarStone Sdot-Yam [2015] ATMO 12 (4 February 2015)

STONE the CAESARs
Floor coverings and tiles similar goods and ‘CAESAR’ trade marks similar (section 44).
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Goodyear Tire & Rubber Company v Dunlop Aircraft Tyres [2015] ATMO 14 (5 February 2015) 

If it only saves you once a year, it’s a DUNLOP?
DUNLOP and D Device denied registration after initial acceptance on 44(3)(b) (section 44 and 58).
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Australian College of Natural Medicine Pty Ltd [2015] ATMO 15 (9 February 2015)

Is the NATION WELL?
WELLANATION trade marks accepted at Hearing (section 41).
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Jonglea Pty Ltd v Pharaoh Partners pty Ltd [2015] ATMO 16 (12 February 2015) 

Unicorn Trumped
Acceptance on prior use overridden by prior, prior use (sections 44(4) and 58A).
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Schneider Electric (Australia) Pty Ltd v Arlec Australia Pty Ltd (as Trustee for the Arlec Unit Trust) [2015] ATMO 18 (19 February 2015) 

Switching Shape
Non-use removal fails as owner had sold its electrical switch shape trade mark (section 92).
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Rudducks Pty Ltd v Tangerine Holdings Ltd [2015] ATMO 19 (20 February 2015) 

Long-Prepared Vetz
Registrar’s discretion not applied as another party has genuine commercial interest being delayed (section 92 and 101).
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Hunter Property Holdings Pty Ltd v Knott Investments Pty Ltd [2015] ATMO 20 (23 February 2015) 

C’est la VIDA
Opposition fails due to insufficient reputation and confusion only due to proximity (section 60).
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Shine Beauty Pty Ltd v Shine Ltd [2015] ATMO 21 (23 February 2015)

Mani-Pedi-Entertainment?
Enjoyment experienced at beauty salon not sufficient to retain registration for entertainment services (section 92).
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Yantai Jereh Oldfield Services Group Co Ltd v Pioneer Petroleum Technology Development Company Limited [2015] ATMO 22 (26 February 2015)

Mining for Old
First use in relation to similar goods not rebuffed at Hearing (section 58).
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