18 April, 2016
Spruson

Australian Trade Marks Office Decisions Summary - January & February 2016

Australian Trade Marks Office Decisions Summary - January & February 2016

Our summary of recent Australian Trade Marks Office decisions is designed to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice.

Marriott Worldwide Corporation [2016] ATMO 1 (6 January 2016)

Wait, where is the hotel?!
Application to register FAIRFIELD falls foul of section 41
Read full article >>

SMARTCHANNEL PTY LTD v Zhicheng Chen [2016] ATMO 2 (7 January 2016)

It is no joke.
GENTRAX denied registration as opponent is first user
Read full article >>

SCOTT-DIBBEN PTY LIMITED v CANTERBURY DISTRICT HEALTH BOARD [2016] ATMO 3 (12 January 2016)

Show me the PATHWAY to success(fully) defending a non-use.
Non-specific examples of use not sufficient to defeat non-use action
Read full article >>

K-TEC, INC v HEALTHY FOODS, LLC [2016] ATMO 4 (14 January 2016)

Yes, but still no.
Application to amend grounds not allowed, despite being allowable
Read full article >>

LILIANA FORZA v JAIMEX NOMINEES PTY LTD [2016] ATMO 5 (28 January 2016)

Dreamy Lingerie.
Use of DREAMZ LINGERE defeats non-use against DREAMZ Logo
Read full article >>

COMBINED GROUP OF COMPANIES PTY LTD [2016] ATMO 6 (29 January 2016)

No extension, but submit it anyway.
Application to extend time denied, but opponent allowed to submit evidence anyway
Read full article >>

SCHULKE & MAYR GMBH v Ecolab USA Inc [2016] ATMO 8 (1 February 2016)

Protecting the MICRO.
Opposition to MICROGUARD based on prior MICROSHIELD fails.
Read full article >>

BUSINESS STRATEGIES INTERNATIONAL PTY LIMITED v BRITISH STANDARDS INSTITUTION [2016] ATMO 9 (1 February 2016)

No BS, I did use the trade mark.
Use of Logo mark enough to partially defeat non-use
Read full article >>

JASON BOSCO ELVIS SOARES v Australian Postal Corporation [2016] ATMO 10 (3 February 2016)

Do not open MY POST.
MY POST trade mark applied for in bad faith, by someone other than its owner, without an intention to use, but is inherently registrable.
Read full article >>

 

Latest Tweets

Follow @sprusons on twitter.