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Australian Official Journal Of Vol: 24 , No. 23 10 June 2010 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 at http://pericles.ipaustralia.gov.au/ols/epublish/content/olsEpublications.jsp or using the "Online Journals" link on the IP Australia home page. The Australian Official Journal of Designs 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 10 June 2010 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes ...................... 6886 Registrations/Protected IRs Amended and Changed ................ 6886 Registrations Linked ............................... 6883 Applications for Extension of Time ...................... 6885 Applications/IRs Accepted for Registration/Protection .......... 6550 Applications/IRs Filed Nos 1362506 to 1363701 ............................. 6529 Applications/IRs Lapsed, Withdrawn and Refused Lapsed ...................................... 6888 Withdrawn..................................... 6888 Refused ...................................... 6888 Assignments,TransmittalsandTransfers.................. 6888 Cancellations of Entries in Register ...................... 6891 Notices........................................ 6885 Opposition Proceedings ............................. 6883 Removal/Cessation of Protection for Non-use Proceedings ....... 6891 Renewal of Registration/IR ............................ 6891 Trade Marks Registered/Protected ....................... 6884 Trade Marks Removed from the Register/IRs Expired ........... 6892 Transformation and Replacement ....................... 6891 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 10 June 2010 ABSTRACTS OF DECISIONS ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1239763 : REEF BLONDE COMPOSITE TRADE MARK Applicant : Blue Sky Brewery Pty Ltd Decision : Ex parte - S33 – section 44 ground for rejection – Marks are deceptively similar – consideration of subsections 44(3)(a) and (b) –no evidence and no other circumstances made out – application rejected. Decision Issued : 31 May 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Registration : 986440 : COME-ON AND DEVICE Applicant for removal : LLEYTON HEWITT MARKETING PTY LTD Opponent to removal : JOHN PATRICK SHEILS Decision : Section 92 removal opposition – paragraph 92(4)(a) rebutted – trade mark to remain on the Register – costs awarded against removal applicant. Decision Issued : 31 May2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Application : 1160092, 1160093, 1162625: EDIPOWER, EDI & DEVICE, EDI Applicant : EDI Exploration Drilling International GmbH Opponent : Downer EDI Limited Decision : Reg. 17A.29 opposition – Ground under section 60 established – trade marks similar to trade marks that have acquired a reputation in Australia – protection refused. Costs awarded against holder. Decision Issued : 28 May 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ This Page Left Intentionally Blank AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 10 June 2010 Proceedings Under The Trade Marks Act 1995 Applications/IRs Filed Nos 1362506 to 1363701 Representations of the trade marks comprised in the following list of applications/international registrations designating Australia may be inspected at the Trade Marks Office , Canberra and in the Trade Marks Sub-Offices at Sydney, Melbourne, Brisbane, Adelaide, Perth and Hobart. 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. 50 UP-MARKET PTY LTD ACN/ARBN 127 200 186 1361712 AHL Investments Pty Ltd ACN/ARBN 105 265 861 1362725 Cl. 29. Cl. 35, 36. 7Steel Building Solutions Pty Ltd ACN/ARBN 122 1363490 Air Aroma Research Pty Ltd Cl. 3, 5, 9, 11. 1363293 413 503 Cl. 6. Airex AG (CH, 14 Oct 2009) Cl. 7, 12, 17, 19, 42. (IR 1362444 7Steel Building Solutions Pty Ltd ACN/ARBN 122 1363493 1037630) 413 503 Cl. 6. Akzo Nobel Coatings International B.V. Cl. 2. (IR 1363680 7Steel Building Solutions Pty Ltd ACN/ARBN 122 1363491 634234) 413 503 Cl. 6. Al-Din, Yahya Cl. 9, 16. 1361703 7Steel Building Solutions Pty Ltd ACN/ARBN 122 1363500 Al-Din, Yahya Cl. 9. 1361731 413 503 Cl. 6. Alandale Homes Pty Ltd ACN/ARBN 137 011 477 1362629 7Steel Building Solutions Pty Ltd ACN/ARBN 122 1363503 Cl. 36, 37. 413 503 Cl. 6. Alcon Denis (EM, 19 Jan 2010) Cl. 38, 41. (IR 1362445 7Steel Building Solutions Pty Ltd ACN/ARBN 122 1363502 1037631) 413 503 Cl. 6. Alcon, Denis (EM, 19 Jan 2010) Cl. 38, 41. (IR 1363580 7Steel Building Solutions Pty Ltd ACN/ARBN 122 1363498 1037977) 413 503 Cl. 6. Alcon, Inc. Cl. 5. 1363295 Abbott Ireland Cl. 5. 1363525 ALDELO SYSTEMS, INC. (US, 23 Apr 2010) Cl. 9. 1363612 Abbott Ireland Cl. 5. 1363526 (IR 1038145) Abell, Tracey see DevelopMental Pty Ltd ALESIS PUBLIC LIMITED INDUSTRIAL AND 1363589 ACN/ARBN 141 295 016 COMMERCIAL BREADPASTRIES COMPANY (GR, Ability People Pty Ltd ACN/ARBN 136 864 590 Cl. 1363066 11 Dec 2009) Cl. 29, 30. (IR 1038020) 35. ALGEA AS (NO, 14 Sep 2009) Cl. 1, 3, 5, 31. (IR 1362422 ACADEMY HOLDINGS NOMINEES PTY LTD 1362964 1037554) ACN/ARBN 141 769 075 Cl. 31. All Filters (NSW) Pty Ltd Cl. 1. 1362957 ACCO Australia Pty Ltd ACN/ARBN 000 265 047 1363511 Allbut, Charles Joseph Richard and Allbut, Elyse 1361725 Cl. 16. Margaret and Charel Pty Ltd and Jaymont ACCO UK Limited Cl. 16. (IR 1037761) 1363542 Investments Pty Ltd and Manimex Services Pty Accreditation Board for Engineering and 1363587 Ltd and Masterquip Pty Ltd Cl. 8. Technology, Inc. Cl. 42. (IR 1037998) Allbut, Charles Joseph Richard and Allbut, Elyse 1361729 Ace Bayou Corp. Cl. 20. (IR 1037303) 1362371 Margaret and Charel Pty Ltd and Jaymont Investments Pty Ltd and Manimex Services Pty ACE TOURIST RENTALS (NZ) LIMITED a New 1363465 Ltd and Masterquip Pty Ltd Cl. 8. Zealand company (NZ, 26 May 2010) Cl. 41. Allbut, Charles Joseph Richard and Allbut, Elyse 1361730 Acline Pty Ltd Cl. 25. 1362517 Margaret and Charel Pty Ltd and Jaymont Active Utilities Pty Ltd ACN/ARBN 116 498 803 Cl. 1362892 Investments Pty Ltd and Manimex Services Pty 35. Ltd and Masterquip Pty Ltd Cl. 8. Adcock, Jennifer Cl. 14. 1362195 Allbut, Elyse Margaret see Allbut, Charles Joseph adidas International Marketing B.V. Cl. 25. (IR 1363682 Richard and Charel Pty Ltd and Jaymont 780963) Investments Pty Ltd and Manimex Services Pty Adnick Pty Ltd ACN/ARBN 143 060 404 Cl. 44. 1363222 Ltd and Masterquip Pty Ltd Advancetech Pty Ltd Cl. 9. 1361701 Allbut, Elyse Margaret see Allbut, Charles Joseph Richard and Charel Pty Ltd and Jaymont ADVENTURE EYE VIDEO SYSTEMS, L.L.C. a 1362599 Investments Pty Ltd and Manimex Services Pty Louisiana corporation Cl. 41. Ltd and Masterquip Pty Ltd Agregen Pty Ltd ACN/ARBN 142 592 416 Cl. 7. 1361963 Allbut, Elyse Margaret see Allbut, Charles Joseph Agri West Pty Ltd ACN/ARBN 108 899 181 Cl. 5. 1362648 Richard and Charel Pty Ltd and Jaymont Agri West Pty Ltd ACN/ARBN 108 899 181 Cl. 5. 1362654 Investments Pty Ltd and Manimex Services Pty Ltd and Masterquip Pty Ltd Agri West Pty Ltd ACN/ARBN 108 899 181 Cl. 5. 1362652 Allison, Mary Cl. 41. 1363315 Agri West Pty Ltd ACN/ARBN 108 899 181 Cl. 5. 1362650 Alphapharm Pty Limited ACN/ARBN 002 359 739 1363146 Agro-Farma, Inc, Cl. 29. 1363313 Cl. 5. Agro-Farma, Inc. Cl. 29. 1363312 Alphapharm Pty Limited ACN/ARBN 002 359 739 1363149 Agtec agriculture Pty Ltd Cl. 1. 1363051 Cl. 5. AHL Investments Pty Ltd ACN/ARBN 105 265 861 1362724 Alphapharm Pty Limited ACN/ARBN 002 359 739 1363151 Cl. 35, 36. Cl. 5. - 6529 - AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 10 June 2010 Alphapharm Pty Limited ACN/ARBN 002 359 739 1363153 Argana Pty Ltd ACN/ARBN 143 445 489 and 1363237 Cl. 5. Yuldashev, Ramil Cl. 45. Alphapharm Pty Limited ACN/ARBN 002 359 739 1363155 Arkidelo Pty Ltd ACN/ARBN 094 536 286 Cl. 20. 1363455 Cl. 5. Armillatox Limited Cl. 20. 1362851 Alphapharm Pty Limited ACN/ARBN 002 359 739 1363154 Art of Staff Pty Ltd ACN/ARBN 107 469 947 Cl. 35. 1361717 Cl. 5. Artemis Suisse SA Cl. 3. (IR 1037202) 1362351 Alphapharm Pty Limited ACN/ARBN 002 359 739 1363152 Cl. 5. Ashland Licensing And Intellectual Property LLC 1362281 Cl. 3. Alphapharm Pty Limited ACN/ARBN 002 359 739 1363150 Cl. 5. Asian Plaza Pty Ltd ACN/ARBN 127 153 548 Cl. 35, 1361074 43. Alphapharm Pty Limited ACN/ARBN 002 359 739 1363148 Cl.
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