26 February, 2015
Spruson

Australian Trade Mark Office Decisions Summary January 2015

Australian Trade Mark Office Decisions Summary January 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.

 
Tissue boxImage: Dollarphotoclub

Kimberley-Clark Worldwide Inc. v The Reject Shop Limited [2015] ATMO 2 (8 January 2015)

Keeping the Register KLEENZ
KLEENZ Logo likely to be confused in light of reputation in KLEENEX (section 60).
Read full article >>

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Monster Energy Company v USA Nutraceuticals Group, Inc [2015] ATMO 1 (9 January 2015)

BEASTed
Application for extension of time to file evidence denied (regulation 5.15).
Read full article >>

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ParexGroup Pty Ltd v Mapei S.P.A. [2015] ATMO 3 (9 January 2015)

First to FLEX
Opponent able to demonstrate prior use of ULTRAFLEX trade mark (section 58).
Read full article >>

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Sazerac Company, Inc. v Liquid Exchange Pty Ltd [2015] ATMO 4 (20 January 2015)

BILL, there is no TRACE of the BUFFALO
BUFFALO BILL and BUFFALO TRACE sufficiently different to coexist (section 44).
Read full article >>

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Tod’s S.p.A. v Jiang & Hou Pty Ltd [2015] ATMO 5 (21 January 2015)

VANESSA, is that a HOGAN bag? 
Confusion likely to arise between HOGAN and VANESSA HOGAN due to reputation of former (section 60).
Read full article >>

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Jiang & Hou Pty Ltd & Gervasi Nominees Pty Ltd v Winmart Pty Ltd [2015] ATMO 6 (29 January 2015)

WINning the RITEWAY
Common law rights not expressly assigned, but sufficient evidence to imply it was (section 58).
Read full article >>

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AgCare Biotech Pty Ltd v Crop Smart Pty Ltd [2015] ATMO 7 (29 January 2015)

SMART Crops
Prior use overrules honest concurrent use in opposition and non-use fails on single invoice (sections 58A and 92).
Read full article >>

 

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