07 January, 2014

[Updated] - Capricorn Society Limited v IgnitionOne, Inc. [2014] ATMO 112

[Updated] - Capricorn Society Limited v IgnitionOne, Inc. [2014] ATMO 112

(The following is a corrected version of our summary of the same decision published on 23 December 2014. We regret any confusion caused in the earlier version).

An application was filed by IgnitionOne, Inc., seeking the non-use removal of the trade mark IGNITION held by Capricorn Society Limited in relation to a range of advertising services in Class 35.

Capricorn opposed the non-use removal of its registration.

The evidence led by Capricorn demonstrated use of its IGNITION trade mark in relation to its own publication in which advertisements were able to be placed. It was, therefore, demonstrated that Capricorn was providing some printed material and advertising services under its IGNITION trade mark.

Whilst the Delegate found that the trade mark had been used, and should remain registered, for the majority of the Class 35 advertising services, he directed the removal of the following services from Capricorn’s registration:

Arranging for newspaper subscriptions; retailing and wholesaling of newspapers; conducting sales promotions; organising exhibitions and trade fairs for commercial or advertising purposes; compilation of information into computer databases

As both parties were partially successful in this matter no award of costs was made.

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.


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


Associate / Trade Mark Attorney
Trade Marks Team
Sydney, Australia


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