23 December, 2014

Australian Trade Mark Office Decisions Summary October & November 2014

Australian Trade Mark Office Decisions Summary October & November 2014

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.

A2 Corporation LtdImage: Fotolia

A2 Corporation Ltd [2014] ATMO 94 (1 October 2014)

A2A2 is TRUE A2.
Use of the English word ‘TRUE’ provides obvious meaning in relation to A2 bovine genetics (section 41).
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brenda robinsonImage: Australian Trade Marks Office

Brenda Robinson v Nature’s Gift Australia Pty Ltd [2014] ATMO 96 (9 October 2014)

Actual use of trade mark contributes to finding of likely confusion (section 44).
Read full article >>

Arrow ResearchImage: Dollarphotoclub

Arrow Research Corporation Pty Ltd v Kabushiki Kaisha Tokyo Torihikisho (Tokyo Stock Exchange Inc.) [2014] ATMO 97 (9 October 2014)

Stocks in Tokyo ARROW Up.
Non-use restriction successful, intent to use does not excuse non-use (section 92).
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parish of pokolbinImage: Dollarphotoclub

Parish of Pokolbin Incorporated [2014] ATMO 98 (9 October 2014)

A parish not so archaic.
Application for PARISH OF POKOLBIN not able to overcome geographic objection (section 41).
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glaxosmithklineImage: iStock

GlaxoSmithKline LLC, SmithKline Beecham (Australia) Pty Ltd and SmithKline Beecham Limited v AFT Pharmaceuticals Limited [2014] ATMO 100 (9 October 2014)

What a headache!
PANADOL OSTEO not likely to be confused with PARACETAMOL OSTEO-TAB (sections 41 and 60).
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negro internationalImage: Dollarphotoclub

Negro International Pty Ltd v Winstons Wine Pty Ltd [2014] ATMO 102 (17 October 2014)

Don’t wine about it, "dodgy" evidence is not the tonic!
Gin is all that owner of TOSO is able to retain after suspect invoices led as evidence (section 92).
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sola tube australiaImage: Dollarphotoclub

Sola Tube Australia Pty Ltd v Gabriel Andrews [2014] ATMO 103 (20 October 2014)

A Light from Above.
Opponent able to show prior use of HEAVENLY trade mark (section 58).
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Image: Dollarphotoclub

Supacat Limited v Caterpillar Inc [2014] ATMO 104 (23 October 2014)

Use of trade mark in Defence Force procurement magazine considered sufficient use to defend non-use (section 92).
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renaissance hotelImage: Dollarphotoclub

Renaissance Hotel Holdings Inc v Ravida Properties Pty Ltd [2014] ATMO 105 (24 October 2014)

This is no hotel.
Hotel services and retirement home services not similar (section 44).
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midmarkImage: Dollarphotoclub

Midmark Corporation v Ritter Concept GmbH [2014] ATMO 106 (24 October 2014)

30 Year Dental Gap!
Unsubstantiated prior use not enough to obtain registration (section 58).
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endevaImage: Australian Trade Marks Office

Endeva Pty Ltd. [2014] ATMO 107 (30 October 2014)

Trade mark for TASMAN revoked based on prior UGG trade mark (sections 38 and 44).
Read full article >>

techtronicImage: Dollarphotoclub

Techtronic Power Tools Technology Limited v Global Power Brands International Pty Ltd. [2014] ATMO 109 (4 November 2014)

SAWZALL not similar to SAWZILLA in relation to power tools (sections 44 and 60).
Read full article >>

australian rugby leagueImage: Dollarphotoclub

Australian rugby league commission limited of rugby league v Jane Reid [2014] ATMO 108 (5 November 2014)

ACL problem gives THE MIGHTY MAROONS the Blues.
Applications for THE MIGHTY MAROONS denied registration as use would be contrary to law (section 42(b)).
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bose corporationImage: Australian Trade Marks Office

Bose Corporation v Heino Buse MX Import GmbH [2014] ATMO 110 (18 November 2014)

Ü are not the BOSE of me!
Australian designation for BÜSE overcomes opposition by BOSE, even where the goods are the same (sections 44 and 60).
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johnson & johnsonImage: Dollarphotoclub

Johnson & Johnson v Self Care Corporation Pty Ltd [2014] ATMO 111 (21 November 2014)

AL is FREE to Amend.
Misfiling of divisional considered genuine clerical error (section 65).
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design hunterImage: Dollarphotoclub

Capricorn Society Limited v Ignitionone, Inc. [2014] ATMO 112 (21 November 2014)

3, 2, 1…(partial) IGNITION…
Advertising is not enough to demonstrate use for advertising agency services (section 92).
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