26 September, 2014
Spruson

Australian Trade Mark Office Decisions Summary June 2014

Australian Trade Mark Office Decisions Summary June 2014

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

Soap & Glory Limited v Boi Trading Company Limited [2014] ATMO 47
Hope ‘& GLORY’

Trade Marks Office effectively grants monopoly over term ‘& GLORY’ in successful opposition (section 44).
Read full article >>

Hot Tuna IP Limited v Select GmbH Unternehmen
fur Zeitarbeit [2014] ATMO 49

Something Fishy Going On

International Registration refused protection in Australia due to likely confusion with iconic Australian surf brand (section 44).
Read full article >>


SABMiller International B.V. v Topflight Holdings Pty Ltd. [2014] ATMO 50
Apple-Teaser

Prior reputation in apple device foils attempt to register an allegedly similar apple device (section 60).
Read full article >>


The Senior’s Choice, Inc v The Seniors Choice (Australia)
Pty Ltd [2014] ATMO 51

My Poor Old Heart

Copyright subsisting in heart shaped logo prevents its registration by a third party (section 42).
Read full article >>

MCD Asia Pacific LLC v HoseyinDogan [2014] ATMO 52
McFoodMcOpoly

McDonald’s successfully opposes the registration of McKebabs (later MCKebabs (section 60).
Read full article >>


Nice One Sydney’s Pty Ltd v Fantastic Holdings Ltd [2014] ATMO 53
Ohhh Fantastic!

Fantastic Holdings application for THE PACKAGE DEAL KINGS to proceed to registration following failed opposition (sections 58 and 60).
Read full article >>

Franklins Pty Ltd v No Frills Pty Ltd [2014] ATMO 55
Would you like any chlorine with your coffee?

Non-use application successful in relation to Western Australia only (sections 92 and 102).
Read full article >>

BilyaraVinyards Pty Ltd v Guorong Xu [2014] ATMO 56
Bilyara Eagle soars over opposition

Image of ‘Germanic’ eagle considered too close to coexist due to reputation in WOLF BLASS Eagle (section 60).
Read full article >>

eBayInc v Dean William Hawkins [2014] ATMO 54
Not getting what iWantBay

eBay successfully oppose registration of iWantBay in relation to retailing services (section 60).
Read full article >>

Midland Software Limited [2014] ATMO 57
PEOPLE not FIRST in or best dressed

Ex Parte Hearing is not enough to get PEOPLE FIRST over the line (sections 41 and 44).
Read full article >>

Omega SA (Omega AG) (Omega Ltd.) v Bingcheng Pan [2014] ATMO 58
Omega watches over handbag registration

Omega successfully opposes registration of an allegedly similar device in relation to handbags (section 60).
Read full article >>


BP p.l.c [2014] ATMO 59
Rejection of BP’s colour mark: the end of an era

perhaps the final ‘red’ light for BP in its attempts to register the colour green for service stations (section 41).
Read full article >>


Abbott Biologicals BV v Novartis AG [2014] ATMO 60
Abbott INFLUGARD’s itself from INFLUVAC opposition

failed opposition by owner of INFLUVAC despite same prefix and similar idea in suffix (section 44).
Read full article >>


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