Australian Customs Notice 2005/17
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AUSTRALIAN CUSTOMS NOTICE NO. 2005/17 Notices of Objection to Importation Trade Marks Act 1995 The Trade Marks Act 1995 allows the registered owner, or in certain circumstances, the authorised user of a trademark to object to the importation of goods which infringe their trademark. The registered owner, or authorised user does this by lodging a Notice of Objection with the Australian Customs Service (Customs). Unless revoked, a Notice of Objection remains in force for a period of two years from the date of commencement. The attached Schedule sets out the registered owners and authorised users who have lodged Notices of Objection under the Trade Marks Act 1995. The Notices notify the objections of these registered owners and authorised users to the importation of goods which infringe their trade mark or trade marks. Descriptions of the relevant trade marks are also set out in the Schedule. For each particular trade mark described, the Schedule makes reference to a particular “class” of goods. This refers to the classes of goods prescribed in Schedule 1 to the Trade Marks Regulations 1995 and along with a description of the goods, is used to describe the type of goods for which the particular trade mark is registered. Prospective importers of such goods should seek further advice from Customs regarding the ambit of any Notice of Objection set out in the Schedule. Where goods of the kind referred to manufactured outside and imported into Australia: − have applied to them, or in relation to them, a sign that is substantially identical with, or deceptively similar to, a trade mark listed in the Schedule; and − fall within a class of goods for which the relevant trade mark is registered, they are liable to be seized by Customs unless it can be established that: − the goods are being imported otherwise than for the purposes of trade (sale, lease, hire, etc.); or − the goods do not infringe the relevant trade mark. Part 12 of the Trade Marks Act 1995 details the circumstances in which the use of a trade mark may, or may not, amount to an infringement. For example, a trade mark is not infringed where the mark in question has been applied to, or in relation to, goods with the consent of the registered owner of the trade mark. However, where the trade mark is applied by, or with the consent of, an overseas owner of the trademark and the goods are imported into Australia without the consent of the Australian trade mark owner, this may still represent an infringement. People who have been intending to import goods that may be liable to seizure under the provisions of the Trade Marks Act 1995 should consider seeking advice from Customs, or a suitably qualified legal practitioner, as to the implications of the trade marks legislation, and the meaning of terms such as "substantially identical with", "deceptively similar to" and "an infringement of" a trade mark. The trade mark owners’ contact particulars have been included in the Schedule to assist importers who may wish to contact the owner regarding use of the trade marks in question. Copies of the relevant Notices of Objection have been forwarded to the Customs office in the capital city of each State and Territory. Importers, or their advisers, who require further information regarding the Notices of Objection, or Customs’ role in respect of those Notices, should contact the Customs Information and Support Centre on 1300 363 263 or the Intellectual Property Rights Group on (02) 6275 6577. Inquiries concerning this notice may be directed to Customs Supervisor – Intellectual Property on telephone number (02) 6275 6577, fax number (02) 6279 3444 or email [email protected]. Philomena Carnell National Manager Cargo Branch CANBERRA ACT May 2005 2 SCHEDULE TO ACN NO. 2005/17 TRADE MARK NOTICES OF OBJECTION adidas Australia Pty Ltd Freehills Ph: (03) 9288 1577 Effective Date: 25 February 2005 File Ref: C05/01001 Trade Marks Class Goods ADIDAS 3 All goods in this class, including soaps, perfumery, essential oils, cosmetics, hair and body lotions, dentrifices and deodorants. ADIDAS 9 Spectacle cases, spectacle frames, optical lenses, sunglasses; all other goods in this class. ADIDAS 9 Computer and video games included in class 9; computer software for games and electronic apparatus for games, including video games, included in class 9. ADIDAS 14 Watches, all other goods in this class. ADIDAS 18 Bags included in this class. ADIDAS 25 Garments for sportsmen. ADIDAS 25 All goods in this class including articles of clothing (footwear included), for sportswear and for leisure wear. ADIDAS 26 Miniature sports shoes. ADIDAS 28 All goods included in class 28, including sports equipment in general, in particular balls of every kind, racquets for tennis, squash or shuttlecock, ice- and roller-skates, ski and ski equipment, golf tees, toys, games. ADIDAS 28 Computer and video games included in class 28. ADIDAS 32 Mineral and aerated waters and other non-alcoholic drinks; fruit drinks; syrups and other preparations for making beverages. ADIDAS EQUIPMENT 18 All goods in this class. – 3 trapeziums are striped triangle, irreg ADIDAS EQUIPMENT – 3 28 All goods in this class. trapeziums are striped triangle, irreg ADIDAS EQUIPMENT – 3 25 All goods in this class. trapeziums are striped triangle, irreg ADIDAS EQUIPMENT – 3 14 Watches, all other goods in this class. trapeziums form striped triangle, irreg ADIDAS EQUIPMENT – 3 9 Spectacle cases, spectacle frames, optical lenses, trapeziums form striped sunglasses; all other goods in this class. triangle, irreg 3 leaves, grot with 3 horiz 14 Watches, all other goods in this class. stripes 3 trapeziums are striped 25 Clothing, footwear and headgear. triangle, irregular Desc-of-mark; 3 stripes on 25 Sportswear in the nature of shirts, jackets and pullovers. clothing, shirt 3 Desc-of-mark; shoe with 25 Sports shoes, specials sports shoes, more particularly stripes football boots, runners, training shoes and other sporting footwear in this class. Stripes three on clothing 25 Sportswear in the nature of shirts, jackets and pullovers. Desc-of-mark; 3 oblique 25 Footwear, including sport shoes and casual shoes. stipes on shoe Desc-of-mark; stripes, 25 Footwear in class 25 including sports shoes, runners, curved, 3 across sole of training shoes, football boots; all other goods in this class. shoe Desc-of-mark; stripes three 25 Sportswear in the nature of jackets, shirts, trousers, skirts on clothing and combinations thereof. Desc-of-mark; three stripes 25 Sportswear in the nature of jackets and trousers and on clothing jackets and trouser combinations. Leaves, three stripes, 18 Travelling bags. horizontal, three trefoil Leaves, three stripes, 25 Sportswear, in particular athletic shoes, casual shoes, horizontal, three trefoil training shoes. Stripes three on clothing 25 Sportswear in the nature of pants, shorts and tights. Stripes three on clothing 25 Sportswear in the nature of shirts, jackets and pullovers. Asics Corporation Davies Collison Cave Ph: (03) 9254 2777 Effective Date: 08 January 2005 File Ref: C05/00734 Trade Marks Class Goods A – stripe tapered & curled is 18 Sports bags, trend bags, athletics bags, waist bags, shoe ltr A bags, shoulder bags, clutch bags, trunks, travelling bags, sports sacks, knapsacks, rucksacks, travelling sacks, shoe cases, travelling cases, parasols, umbrellas, leather and imitations of leather, goods made of leather and/or imitation leather, animal skins, hides, walking sticks, whips, harness, saddlery, and all other goods in this class. ASICS A – stripe tapered & 22 Bags, sacks, cases, ropes, string, nets, tents, awnings, curled is ltr A tarpaulins, sails, padding and stuffing materials (except rubber or plastic), raw fibrous materials and all other goods in this class. A – stripe tapered & curled is 25 Sports shoes, athletic shoes, track and field shoes, track ltr A and field spiked shoes, marathon shoes, running shoes, jogging shoes, training shoes, football shoes (boots), basketball shoes, volleyball shoes, tennis shoes, rugby football shoes, table tennis shoes, handball shoes, American football shoes, weightlifting shoes, badminton shoes, boxing shoes (boots), wrestling shoes (boots), shoes for tug of war, gymnastic shoes, archery shoes, fencing shoes, driver shoes, court shoes, baseball shoes, junior sports shoes, special work boots, Wellington boots, arctic boots, bowling shoes, mountaineering shoes (boots), golf shoes, school sports shoes, formal shoes, casual shoes, town shoes, leisure shoes, shoes, studs for shoes, spikes, inner soles for shoes, sports socks, golf socks, socks, stockings, stocking garters, track suits, track and field sweat suits, warm-up suits, running suits, suits, training wear, all weather wear, sports wear, golf wear, sweat shirts, running shirts, polo shirts, shirts, sweat pants, 4 A – stripe tapered & curled is 25 wind-proof pants, pants, trousers, running shorts, heavy ltr A shorts, shorts, jerseys, sports coats, coats, sweaters, wind- (continued) proof jackets, jackets, vests, sports underwear, underwear, bathing trunks and suits, gloves, clothing, sports caps, golf caps, caps, golf hats, hats, belts, sunvisors, headgears, and all other goods in this class. A – stripe tapered & curled is 28 Sport gloves, running gloves, golf gloves; bands for ltr A sporting use including ear bands and wrist bands; guards for legs; supporters; bats for table tennis, bats, tennis racquets, other racquets; table tennis bat cases, racquet cases, other cases for sporting equipment, gold bags, caddy bags, other bags for sporting equipment, golf clubs, golf club head covers, golf nets, volleyball nets, other nets for sports, games, gymnastics; games and playthings; gymnastic and sporting articles; decorations for Christmas trees; and all other goods in this class. AH – stripes, oblique, 18 All goods in this class including bags, trunks, cases, curved, intersecting rucksacks and knapsacks, all included in Class 18. AH – stripes, oblique, 25 All goods in this class including uniforms, stockings, curved, intersecting anoraks, jackets, windcheaters, polo shirts, tee shirts, running shirts (shirts for running), under-shirts, trunks, hosiery, sweaters, gloves, sports shirts other garments for sportswear.