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AUSTRALIAN OFFICIAL JOURNAL of TRADE MARKS 3 March 2011 Vol: 25, No. 9 3 March 2011 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 3 March 2011 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes. 2665 Registrations/Protected IRs Amended and Changed. 2665 Applications for Extension of Time . 2665 Applications for Amendment . 2665 Applications/IRs Accepted for Registration/Protection . 2338 Applications/IRs Filed Nos 1407400 to 1408941. 2317 Applications/IRs Lapsed, Withdrawn and Refused Lapsed. 2666 Withdrawn. 2667 Australian Competition and Consumer Commission Matters Initial Assessment Given by the ACCC. 2669 Cancellations of Entries in Register . 2669 Corrigenda . 2672 Notices . 2664 Opposition Proceedings . 2662 Removal/Cessation of Protection for Non-use Proceedings . 2670 Renewal of Registration/IR . 2670 Trade Marks Registered/Protected . 2662 Trade Marks Removed from the Register/IRs Expired . 2671 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 3 March 2011 ABSTRACTS OF DECISIONS ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1271746: MONKEY DEVICE Applicant : Constellation New Zealand Limited Opponent : Woolworths Limited Decision : Section 52 opposition: All grounds nominated – section 41 pressed – trade mark is prima facie capable of distinguishing its goods from those of other traders – trade mark to proceed to registration – costs awarded against the opponent. Decision Issued : 23 February 2011 AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 3 March 2011 Proceedings Under The Trade Marks Act 1995 Applications/IRs Filed Nos 1407400 to 1408941 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. 2XU Pty Ltd ACN/ARBN 112 308 602 Cl. 35. 1408217 Ad Victoriam Trust ACN/ARBN 131 091 819 Cl. 1408904 355 Millenium Pty Ltd ACN/ARBN 100 912 749 1407725 5, 18, 25, 30, 32, 36. Cl. 36. Adair Investments Australia Pty Ltd ACN/ 1407716 355 Millenium Pty Ltd ACN/ARBN 100 912 749 1407726 ARBN 108 574 590 Cl. 35, 38, 42, 45. Cl. 19, 36, 37. Adams Golf, Inc. a corporation organised and 1408822 7 CHEFS PTY LTD ACN/ARBN 147 628 886 Cl. 1408882 existing under the laws of the State of Texas, 30. United States of America Cl. 25, 28. 7 CHEFS PTY LTD ACN/ARBN 147 628 886 Cl. 1408913 Adams Golf, Inc. a corporation organised and 1408824 30. existing under the laws of the State of Texas, United States of America Cl. 25, 28. 7 Chefs Pty Ltd ACN/ARBN 147 628 886 Cl. 30. 1408646 Adams Golf, Inc. a corporation organised and 1408823 7 Chefs Pty Ltd ACN/ARBN 147 628 886 Cl. 30. 1408645 existing under the laws of the State of Texas, A & O ENTERPRISES PTY LTD ACN/ARBN 1408666 United States of America Cl. 25, 28. 149 295 492 Cl. 25. Adecco SA (CH, 26 Oct 2010) Cl. 35, 41, 42. (IR 1407939 A & O ENTERPRISES PTY LTD ACN/ARBN 1408677 1064717) 149 295 492 Cl. 25. Adriatico, Daniel Cl. 35. 1408548 A & O ENTERPRISES PTY LTD ACN/ARBN 1408674 Advanced Manufacturing Cooperative 1407424 149 295 492 Cl. 25. Research Centre Ltd. Cl. 16, 41. A.T.S. TOWING SERVICE PTY. LTD. ACN/ 1408580 AG Group Australia Pty Limited Cl. 7. 1408168 ARBN 054 744 204 Cl. 39. Agapan Growers Pty Ltd Cl. 31. 1408536 A.T.S. TOWING SERVICE PTY. LTD. ACN/ 1408581 ARBN 054 744 204 Cl. 39. Agewell Physiotherapy Pty Ltd ACN/ARBN 1405917 101 666 693 Cl. 44. ab.out Co., Ltd Cl. 43. 1407765 Agfarm Cl. 36. 1408259 ab.out Co., Ltd Cl. 43. 1407767 Agile Apps Pty Ltd ACN/ARBN 149 039 814 Cl. 1406134 Abassy Fashion Pty Ltd ACN/ARBN 144 516 1408790 9, 42. 165 Cl. 9, 25. Aho, Jacque Cl. 34. 1408771 Abassy Fashion Pty Ltd ACN/ARBN 144 516 1408791 165 Cl. 9, 25. Aho, Jacque Cl. 34. 1408530 Abbott, Craig Neville Cl. 41. 1407694 Aho, Jacque Cl. 34. 1408531 Abbott, Craig Neville Cl. 41. 1407699 Aho, Jacque Cl. 34. 1408528 Abbott, Craig Neville Cl. 25, 41. 1407688 AHP ELECTRICAL SERVICES PTY LTD ACN/ 1408552 ARBN 148 103 066 Cl. 9. Abbott, Craig Neville Cl. 41. 1407691 Akcionarsko drustvo za proizvodnju 1407815 Aceit Investments Pty Ltd Cl. 39. 1408173 konditorskih proizvoda "Soko Nada Stark" ACI Industrial Minerals Pty Ltd Cl. 32. 1407049 (RS, 2 Nov 2010) Cl. 30. (IR 1064180) ACI Industrial Minerals Pty Ltd Cl. 32. 1407059 Aktiebolaget SCA Finans Cl. 3, 5, 16, 20, 21. 1408549 ACQUIRE Corp. Cl. 9. (IR 1064387) 1407858 Aktiebolaget SCA Finans Cl. 3, 5, 16, 20, 21. 1408429 ActewAGL Retail Cl. 11, 37, 39, 40, 42. 1407407 Aktiebolaget SCA Finans Cl. 3, 5, 16, 20, 21. 1408432 Active Sportswear Int. A/S Cl. 25, 28. (IR 1407894 Aktiebolaget SCA Finans Cl. 3, 5, 16, 20, 21. 1408435 1064556) Akzo Nobel N.V. Cl. 1, 2, 3, 5, 7, 9, 16, 17, 19, 1407935 Activision Publishing, Inc. a corporation of 1408713 30, 37, 40, 41, 42. (IR 1064677) Delaware (US, 10 Feb 2011) Cl. 9. Albo Marine Pty Ltd ACN/ARBN 063 150 934 1408143 Activision Publishing, Inc. a corporation of 1408714 Cl. 12. Delaware (US, 10 Feb 2011) Cl. 16. Albo Marine Pty Ltd ACN/ARBN 063 150 934 1408150 Activision Publishing, Inc. a corporation of 1408720 Cl. 12. Delaware (US, 10 Feb 2011) Cl. 28. Albo Marine Pty Ltd ACN/ARBN 063 150 934 1408148 Activision Publishing, Inc. a corporation of 1408718 Cl. 12. Delaware (US, 10 Feb 2011) Cl. 25. Albo Marine Pty Ltd ACN/ARBN 063 150 934 1408153 Activision Publishing, Inc. a corporation of 1408721 Cl. 12. Delaware (US, 10 Feb 2011) Cl. 41. Albury Consolidated Industries Pty. Ltd. Cl. 1408503 11. - 2317 - AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 3 March 2011 Albury Consolidated Industries Pty. Ltd. Cl. 1408504 AQUA ENTERTAINMENT PTY LTD Cl. 41, 43. 1407406 11. Aqualine Ltd Cl. 11. 1407513 Aldgate Bike Shop Cl. 12. 1407551 Ares Trading S.A. (CH, 17 Jun 2010) Cl. 9, 16, 1407814 Aldgate Bike Shop Cl. 12. 1407536 42. (IR 1064164) ALDI Foods Pty Ltd Cl. 32. 1408732 Aristocrat Technologies Australia Pty Ltd 1406534 ALDI Foods Pty Ltd Cl. 29. 1408191 ACN/ARBN 001 660 715 Cl. 28. ALDI Foods Pty Ltd Cl. 2, 3, 25. 1407583 ARLETTI E ASSOCIATI S.r.l. (IT, 3 Sep 2010) 1407843 Cl. 19. (IR 1064330) ALDI Foods Pty Ltd Cl. 35, 39. 1408193 Arrocerias Antonio Tomas, S.L. Cl. 30. (IR 1408001 ALDI Foods Pty Ltd ACN/ARBN 100 814 789 1408238 1064327) Cl. 25. Arrocerias Antonio Tomas, S.L. (EM, 9 Aug 1407842 ALDI Foods Pty Ltd Australia Cl. 35, 39. 1408195 2010) Cl. 30. (IR 1064328) AliphCom incorporated in the State of 1408023 ArtPrint Digital Pty Ltd Cl. 40. 1408510 California (US, 13 Sep 2010) Cl. 9. ARTSANA S.P.A. (IT, 26 May 2010) Cl. 5, 10, 1407840 All American Group, Inc. incorporated in the 1408576 11. (IR 1064324) State of Indiana (US, 24 Nov 2010) Cl. 12. ASAHI BREWERIES, LTD. (JP, 24 Sep 2010) 1407805 All-Energy Events Pty Ltd ACN/ARBN 128 967 1408520 Cl. 32. (IR 1064135) 519 Cl. 35, 41. Ashmore, Samantha see Barton, Debbie All-Energy Events Pty Ltd ACN/ARBN 128 967 1408521 519 Cl. 35, 41. Ashmore, Samantha see Barton, Debbie Allegiance Corporation (US, 10 Aug 2010) Cl. 1407748 Assa Abloy AB a corporation of Sweden (US, 1408779 10. 10 Dec 2010) Cl. 42. Ally Group Pty Ltd ACN/ARBN 064 699 029 Cl. 1408460 Atar, Megan see Mateus, Wendy 35, 41, 45. Atkins, David Cl. 37. 1405513 Ally Group Pty Ltd ACN/ARBN 064 699 029 Cl.
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