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Australian Official Journal Of Vol: 27, No. 42 31 October 2013 AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS Did you know a searchable version of this journal is now available online? It's FREE and EASY to SEARCH. Find it on our website (www.ipaustralia.gov.au) by using the "Journals" link on the home page. The Australian Official Journal of Trademarks is part of the Official Journal issued by the Commissioner of Patents for the purposes of the Patents Act 1990, the Trade Marks Act 1995 and Designs Act 2003. This Page Left Intentionally Blank (ISSN 0819-1808) AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 31 October 2013 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes. 15546 Registrations/Protected IRs Amended and Changed. 15547 Applications for Extension of Time . 15545 Applications for Amendment . 15545 Applications/IRs Accepted for Registration/Protection . 15217 Applications/IRs Filed Nos 1586635 to 1587869. 15199 Applications/IRs Lapsed, Withdrawn and Refused Lapsed. 15547 Withdrawn. 15548 Refused. 15548 Cancellations of Entries in Register . 15551 Corrigenda . 15553 Notices . 15544 Opposition Proceedings . 15543 Removal/Cessation of Protection for Non-use Proceedings . 15552 Renewal of Registration/IR . 15551 Trade Marks Registered/Protected . 15543 Trade Marks Removed from the Register/IRs Expired . 15553 Transformation and Replacement . 15551 This Page Left Intentionally Blank For Information on the following please see our website: www.ipaustralia.gov.au or contact our Customer Service Network on 1300651010 Editorial enquiries Contact information Freedom of Information ACT Professional Standards Board Sales Requests for Information under Section 194 (c) Country Codes Trade Mark and Designs Hearing Sessions INID (Internationally agreed Numbers for the Indentification of Data) ‘INID’ NUMBERS in use on Australian Trade Mark Documents ‘INID’ is an acronym for Internationally agreed Numbers for the Identification of Data’ (200) Data Concerning the Application. (210) Serial Number of the application. (220) Data of filing the application. (300) Data relating to Priority under the Paris convention. (500) Various Information. (510) List of goods and/or services. (511) Nice Classification of goods and/or services. (540) Reproduction of the mark. (551) Indication of the effect that the mark is a collective mark or a certification mark. (554) Shape mark. (556) Sound mark. (557) Scent mark. (591) Colour mark. (700) Information Concerning Parties Concerned with the Application/Registration. (730) Name and address of the applicant or owner of the registration. (750) Address for service for correspondence. NOTE: Trade marks marked with an asterisk (*) or an IR number are international applications designating Australia AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 31 October 2013 ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1438732 : ZIMA Applicant : Mastronardi Produce Ltd Decision : Ex parte hearing: Section 41 – trade mark not adapted to distinguish applicant’s goods – ground for rejection maintained; Section 43 – secondary meaning is that of the applicant’s tomato variety – deception or confusion likely if used in respect of other varieties – ground for rejection maintained - application rejected. Decision Issued : 23 October 2013 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Registration : 1066646: WILD GEESE WINES; 1066650: WILD GEESE Applicant for removal : LODESTAR ANSTALT Opponent to removal : RARE BREED DISTILLING LLC Decision : Applications for removal under section 92(4)(b) of the Trade Marks Act 1995 – authorised use – not ‘under the control of the owner’ – registrations removed from the Register. Decision Issued : 25 October 2013 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1438128 (IR No. 1082325) : Applicant : Flyers Group PLC Opponent : Woolworths Limited Decision : Regulation 17A.29 opposition – opposition successful under section 44 – protection refused. Decision Issued : 25 October 2013 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1463080 : experienced apples & DEVICE Applicant : Experienced apples Pty Ltd Opponent : Apple Inc. Decision : Section 52 opposition: s 60 considered – confusion likely because of reputation of Opponent’s trade marks – opposition established and registration refused. Decision Issued : 25 October 2013 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 31 October 2013 Proceedings Under The Trade Marks Act 1995 Applications/IRs Filed Nos 1586635 to 1587869 Representations of the trade marks comprised in the following list of applications or international registrations designating Australia may be viewed on our website (www.ipaustralia.gov.au) by using ATMOSS (the Australian Trade Marks Online Search System) or by searching the Australian Official Journal of Trade Marks (searchable journal). The date following the class is that on which the application was filed; in the case of convention applications the country of origin and the date claimed are in parentheses. 2 MATTER CONSULTING PTY LTD Cl. 42. 1586784 Alessandra Rich Ltd Cl. 18, 25, 35. (IR 1587632 4 Pines Brewing Company Wholesale Pty 1585296 1119113) Limited ACN/ARBN 141 244 046 Cl. 32, 33, 43. Allan, Gary Stephen Cl. 16, 25, 41. 1587208 477 Collins Street Pty Ltd ACN/ARBN 162 706 1587186 Allaway, James Harry Cl. 25, 32, 33. 1586873 845 Cl. 43. Allpro Industries Limited Cl. 7. 1587112 4WD WHOLESALE GROUP PTY LTD ACN/ 1586522 Allpro Industries Limited Cl. 11. 1587111 ARBN 158 987 681 Cl. 12. Aloschi-Hopfner, William Cl. 3. 1587134 4WD WHOLESALE GROUP PTY LTD ACN/ 1586520 Alphapharm Pty Limited ACN/ARBN 002 359 1587048 ARBN 158 987 681 Cl. 12. 739 Cl. 5. 642897 BC LTD (SG, 20 Sep 2013) Cl. 29. 1587859 Alpine Electronics, Inc. a joint-stock company 1587790 A.N MATHEWS & K MATHEWS Cl. 43. 1587096 duly organised under the laws of Japan, A.P.G. S.R.L. (IT, 19 Apr 2013) Cl. 25. (IR 1587445 Manufacturers and Merchants Cl. 9. 1178824) Ambler, Felicity Jane Louise Cl. 5, 16, 41, 44. 1586762 A.P.G. S.R.L. (IT, 18 Apr 2013) Cl. 25. (IR 1587444 Ambrus, John Cl. 44. 1586717 1178823) Ambrus, John Cl. 44. 1586640 AADHYA ENTERPRISE PTY LTD Cl. 35. 1586829 Amdipharm Mercury International Limited Cl. 1587142 AbbVie Inc. Cl. 5. 1586810 5. Abla Group Pty Ltd Cl. 30, 35, 43. 1587367 American Express Marketing & Development 1587565 Absolute Rebellion, Inc. Cl. 25. 1587130 Corp. Cl. 35. (IR 1179412) Abu AB Cl. 28. 1586926 Anderson, John Cl. 11. 1587828 Abu AB Cl. 28. 1586929 Anderson, Stephen Cl. 41. 1586755 AceIRx Pharmaceuticals, Inc. A Delaware 1586920 ANL CONTAINER LINE PTY LTD ACN/ARBN 1587869 corporation Cl. 5, 10. 083 962 136 Cl. 39. AceIRx Pharmaceuticals, Inc. A Delaware 1586918 Anovia Payments, LLC (US, 23 Apr 2013) Cl. 1587035 corporation Cl. 5, 10. 36. AceIRx Pharmaceuticals, Inc. A Delaware 1586916 ANTHONY TESSELAAR PLANTS PTY LTD 1586611 corporation Cl. 5, 10. ACN/ARBN 067 761 399 (EM, 12 Jul 2013) Cl. Actervis GmbH (EM, 26 Apr 2013) Cl. 27. 1587791 31. Actervis GmbH (EM, 30 Apr 2013) Cl. 3. 1587792 ANTHONY TESSELAAR PLANTS PTY LTD 1586612 ACN/ARBN 067 761 399 Cl. 31. AG Financial Limited Cl. 36. 1585276 Anticevic, Luke Joseph Cl. 41. 1586089 Agreen Pty Ltd see Shi, Xiaoyan Apollo Fertiliser Queensland Pty Ltd ACN/ 1587807 Agreen Pty Ltd see Shi, Xiaoyan ARBN 152 891 953 Cl. 1. AGRICHEM MANUFACTURING INDUSTRIES 1587805 APOSTOLIC CHURCH AUSTRALIA LIMITED 1587090 PTY. LTD. ACN/ARBN 125 437 185 Cl. 5. Cl. 45. AGRICHEM MANUFACTURING INDUSTRIES 1587799 Applabs Australia Pty Ltd Cl. 9, 42. 1587201 PTY. LTD. ACN/ARBN 125 437 185 Cl. 5. Apple Inc. (JM, 15 Apr 2013) Cl. 9. (IR 1179344) 1587550 AINSWORTH GAME TECHNOLOGY LIMITED 1587036 ACN/ARBN 068 516 665 Cl. 28. Appslabs Australia Pty Ltd Cl. 9, 42. 1587200 AIR NEW ZEALAND LIMITED Cl. 35. (IR 1587651 Appwam Pty Ltd ACN/ARBN 002 785 846 Cl. 9. 1586692 1178967) Appwam Pty Ltd ACN/ARBN 002 785 846 Cl. 9. 1586695 AIRSKILL PTY LTD ACN/ARBN 009 341 262 Cl. 1586737 Appwam Pty Ltd ACN/ARBN 002 785 846 Cl. 9. 1586697 11. ARDSIP PTY. LTD. ACN/ARBN 154 525 256 Cl. 1587801 Alderdice Brassfounders Proprietary Limited 1586807 16, 35. ACN/ARBN 004 189 780 Cl. 7, 8. ARDSIP PTY. LTD. ACN/ARBN 154 525 256 Cl. 1587808 Alderdice Brassfounders Proprietary Limited 1586808 35. ACN/ARBN 004 189 780 Cl. 7, 8. Argentum Holdings, LLC a Delaware limited 1587321 ALDI Foods Pty Ltd ACN/ARBN 086 210 139 1587097 liability corporation (US, 23 Apr 2013) Cl. 5. Cl. 21. Arise Developments WA Pty Ltd ACN/ARBN 1587393 142 895 421 Cl. 35, 36. - 15199 - AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 31 October 2013 ARISTOCRAT TECHNOLOGIES AUSTRALIA 1586813 Bapip Pty Ltd ACN/ARBN 160 435 674 Cl. 35, 1587233 PTY LIMITED Cl. 9, 28. 36, 41. ART AND CRAFT ON THE COAST PTY. LTD. 1587102 Barnes, Joash Benjamin Hannan Cl. 30, 40. 1586826 Cl. 41. Barton, Helen Cl. 41, 45. 1586604 Arthrosurface Incorporated (US, 16 May 2013) 1587479 Barton, Helen Cl. 45. 1586605 Cl. 10. (IR 1179020) Bawm Pty Ltd Cl. 41. 1587248 Arxdito Pty Ltd ATF Arx First Trust Cl. 41. 1587091 Baxter, Mark William Cl. 41. 1587836 Ashmithar Pty Ltd Cl. 25, 35. 1585799 Bayer Intellectual Property GmbH Cl. 31. 1586667 ASLG Cl. 42. 1587795 Beattys Driveline Technologies Limited Cl. 7, 1587272 ASLG Cl. 42. 1587762 12. Astridge, David Peter Cl. 42, 44. 1586790 Bega Cheese Limited (CN, 15 Aug 2013) Cl. 29. 1587152 Ata Mara Estate Ltd Cl.
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