02 May, 2014
Spruson

International Awards Group LLC v Asian Advertising Festival (Spikes) Asia Pte Limited [2014] ATMO 35

International Awards Group LLC v Asian Advertising Festival (Spikes) Asia Pte Limited [2014] ATMO 35

Haymarket Media Group Limited applied to register the trade mark AME in relation to promotional and organisation services in Classes 35 and 41. The application was opposed by International Awards Group LLC, which pressed grounds pursuant to sections 42(b), 58, 60 and 62A.

The applicant acquired the rights to the trade mark application from Haymarket Media Group in 2010.

It was clear from the evidence led, according to the Hearing Officer, that the opponent had earlier use in Australia of a substantially identical trade mark (AME Awards) for the same services as those of the applicant’s mark. Accordingly, section 58 was carried and the registration refused.

To view the Office decision, click here.

This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions. You can view the entire month’s summary here.


KHAJAQUE KORTIAN

Principal / Solicitor / Trade Mark Attorney
Litigation Team, Trade Marks Team
Sydney, Australia

DANIEL WILSON

Trade Mark Attorney
Trade Marks Team
Sydney, Australia

JARED BENNETT

Solicitor
Commercialisation Team
Sydney, Australia

 
 

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