17 July, 2015

Australian Trade Mark Office Decisions Summary - May 2015

Australian Trade Mark Office Decisions Summary - May 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.


Major League Baseball Properties Inc v The National Magazine Company Limited [2015] ATMO 35 (4 May 2015)

(Not) seeing RED
Use of a trade mark incorporating ‘RED’ is not use of ‘RED’ solus (section 41). Read full article >>

Hearst Communications, Inc v Toyota Motor Corporation Australia Ltd [2015] ATMO 36 (4 May 2015)

Application for COSMOPOLITAN by Toyota made in bad faith (section 62A). Read full article >>

Cypher Pty Limited v Halliburton Energy Services Inc [2015] ATMO 37 (6 May 2015)

Drilling for use.
Opposition to non-use removal partly successful (section 92)
Read full article >>

Tosca TravelGoods (Aust) Pty Ltd v Samsonite IP Holdings S.a.r.l [2015] ATMO 39 (8 May 2015)

A weighty bag
Trade marks COSMO and COMSOLITE substantially identical (section 58).
Read full article >>

Michael John Stafford v Automotive Distributors Limited [2015] ATMO 40 (13 May 2015)

Personality BLUEPRINT 
Cancelled ‘business name’ could not have used registration (section 92).
Read full article >>

Baroque Japan Ltd v Mad Keen Pty Ltd [2015] ATMO 41 (14 May 2015)

Use on the SLY
Single genuine offer for sale is sufficient to defeat non-use (section 92).
Read full article >>

Fed Square Pty Ltd v Federation IP Pty Ltd [2015] ATMO 42 (15 May 2015)

No Times Square
Extension of time to file evidence denied, evidence to be considered anyway (regulation 21.19)
Read full article >>

Next Retail Limited & Next Group Plc v Cubic Transportation Systems Limited [2015] ATMO 43 (29 May 2015)

NEXT and NEXTACCOUNT not too similar to coexist without confusion (sections 44 and 60).
Read full article >>


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