Steven R Smith v Car2go GmbH [2013] ATMO 103
Steven R Smith, owner of the trade marks “1800 CAR 2 GO” and “car2go” in Class 39 (Transport services; motor vehicle hire services) and “car2go” in Class 35 (Promotion...
Steven R Smith, owner of the trade marks “1800 CAR 2 GO” and “car2go” in Class 39 (Transport services;...
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Cash Converters Pty Ltd v Margo Chaille Webber [2013] ATMO 101
This matter concerned an opposition to an application to register a trade mark. The application was made in respect of classes 35 and 36, broadly for retail services, second-hand goods...
This matter concerned an opposition to an application to register a trade mark. The application was made in respect of...
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Bickford’s Australia Pty Ltd v Tata Sons Limited [2013] ATMO 100
This decision concerned two applications heard concurrently, the first being an action under section 52 (for opposition to the registration of a mark) and section 92 (for removal of...
This decision concerned two applications heard concurrently, the first being an action under section 52 (for opposition to the...
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Jasco Pty (New Zealand) Limited v Kittrich Corporation [2013] ATMO 99
The application for the mark “Con-tact” by Kittrich Corporation was successfully opposed by Jasco Pty (New Zealand) Limited on the ground in s 44 of the Trade Marks Act 1995 (Cth). Although...
The application for the mark “Con-tact” by Kittrich Corporation was successfully opposed by Jasco Pty (New Zealand) Limited on...
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Irene Notaras [2013] ATMO 98
Irene Notaras, through the “Bon Trading Company” is the exclusive distributor of an Italian coffeemaker and seeks to have its shape registered as a composite trade mark. After three...
Irene Notaras, through the “Bon Trading Company” is the exclusive distributor of an Italian coffeemaker and seeks to have...
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Stella McCartney Limited v Wong Kwai Hua [2013] ATMO 96
Stella McCartney opposed the below trade mark application on grounds pursuant to sections 42, 43, 44, 59 and 60. In brief summary, the opponent’s main arguments were as follows: Section 43...
Stella McCartney opposed the below trade mark application on grounds pursuant to sections 42, 43, 44, 59 and 60. In...
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Barton & Guestier S.A.S v Anthony Barton [2013] ATMO 95
Barton & Guestier filed an opposition to Anthony Barton’s trade mark application for BARTON & BARTON in relation to wine and similar services, pressing grounds under section 41 (that...
Barton & Guestier filed an opposition to Anthony Barton’s trade mark application for BARTON & BARTON in relation to...
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Sanofi v Eremad Pty Ltd [2013] ATMO 94
This matter concerned an opposition to registration of the mark CLOVIX 75 in respect of class 5 Pharmaceutical preparations being products containing clopidogrel. The mark was opposed by French...
This matter concerned an opposition to registration of the mark CLOVIX 75 in respect of class 5 Pharmaceutical preparations...
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Siltech Pty Ltd v Quantum Corporation [2013] ATMO 93
This case concerned an application to remove a trade mark from the register for non-use under section 92 of the Act. Quantum Corporation sought to remove the mark QUANTUM registered...
This case concerned an application to remove a trade mark from the register for non-use under section 92 of...
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Pfizer Products Inc v Global Exporters Limited [2013] ATMO 92
This case concerned an opposition by Pfizer to the mark VEGETAL VIGRA in respect of class 5 health food supplements. Pfizer manufactures and markets the drug ‘Viagra’ for treatment of...
This case concerned an opposition by Pfizer to the mark VEGETAL VIGRA in respect of class 5 health food...
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No-Tox v BOTOX: Is reputation a help or hindrance?
Despite evidence of substantial consumer awareness of the reputation of a well-known mark, the Federal Court has been prepared to hold a later mark which may still be considered...
Despite evidence of substantial consumer awareness of the reputation of a well-known mark, the Federal Court has been prepared...
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