Australian Customs Noctice 2003/65
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AUSTRALIAN CUSTOMS NOTICE NO. 2003/65 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, since publication of Australian Customs Notice 2003/61. 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 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 or fax number (02) 6275 6699. Kaylene Zakharoff A/g National Manager Cargo Branch CANBERRA ACT October 2003 SCHEDULE TO ACN NO. 2003/65 TRADE MARK NOTICES OF OBJECTION Arjila Trading International Arjila Trading International Ph: (02) 9773 6977 Effective Date: 21 August 2003 File No: C03/05988 Trade Marks Class Goods MANUFACTURE DES 34 Tobacco including raw and manufactured tobacco, tobacco treated TABACS EL NAKHLA – with honey, and molasses. swan, grot in ornate ellipse; all in rect, patterned border THE NAKHLA TOBACCO 34 Tobacco including raw and manufactured tobacco, tobacco treated FACTORY NAKHLA with honey, and molasses. MOULASSES TOBACCO APPLE FLAVOUR MOULASSES TOBACCO STRAWBERRY NAKHLA MOULASSES TOBACCO FRUIT FLAVOUR MOULASSES TOBACCO APRICOT – scroll atop fruit & palm in ellipse; all in striped rect; apple, grot; strawberries, grot; fruit, grot; apricots, grot ZAGHLOUL 34 Tobacco including raw and manufactured tobacco, tobacco treated MANUFACTURE DES with honey, and molasses. TABACS EL NAKHLA CHEBIN EL KOM – palm tree in ellipse with arabesques and ornate border in rect. Australian Broadcasting Corporation ABC Legal Services Ph: (02) 8333 5849 Effective Date: 6 September 2003 File No: C03/11695 Trade Marks Class Goods BANANAS IN PYJAMAS – 3 Sunscreens, soaps, perfumery, essential oils, cosmetics, 2 bananas, clothed & grot, shampoos and hair lotions. run from words on blocks BANANAS IN PYJAMAS – 9 Video and audio tapes, compact discs, sound recordings, video words between cartoon discs, and devices in this class for the reproduction of sound and/or characters in pyjamas visual images. BANANAS IN PYJAMAS – 16 Books, publications, printed matter, posters, friezes (being printed words between cartoon material), greeting cards, stationery, playing cards, teaching characters in pyjamas materials in this class, artists' supplies in this class, paper goods in this class. BANANAS IN PYJAMAS – 25 Clothing, footwear and headgear. words between cartoon characters in pyjamas BANANAS IN PYJAMAS – 28 Toys, games and playthings, including jigsaws and stuffed toys; words between cartoon sporting goods including balls. characters in pyjamas Bonds Industries Pty Ltd Freehills Ph: (03) 9288 1234 Effective Date: 22 September 2003 File No: C03/10473 Trade Marks Class Goods BONDS 25 Articles of clothing, excluding men's and boys' underwear, shirts and pyjamas, women's and girls' underwear, and night attire and articles of clothing for infants and footwear. BONDS 25 Men's and boys' underwear, shirts and night attire, women's and girls' underwear and night attire and articles of clothing for infants. BONDS 25 Clothing, footwear and headgear. CHESTY 25 All goods included in class 25. CHESTY BOND – man in 25 All goods included in class 25. singlet arms folded British American Tobacco Australasia Limited Baldwin Shelston Waters Ph: (02) 9777 1111 Effective Date: 12 September 2003 File No: C03/11877 Trade Marks Class Goods ARDATH 34 Manufactured tobacco. ARDATH 34 Smokers' articles and matches. BARCLAY 34 Tobacco, raw or manufactured; smokers articles. BARCLAY – coat-of-arms 34 Tobacco, raw or manufactured; smokers' articles. coronet, pointed lions, rampant, two supporters shield, quartered stripes, horizontal BENSON & HEDGES 34 Cigarettes, cigars and smoking tobacco. BENSON & HEDGES – 34 Tobacco, raw or manufactured, smokers' articles; matches. coat-of-arms helmet, knight crowned horses, rampant two supporters shield quartered by cross, Greek star, six-point in shield wreath flowers above scroll BENSON & HEDGES 34 Cigarettes. B & H STERLING – coat-of- arms crown and mantling shield, quartered grain, ears CAMBRIDGE 34 Tobacco; cigarettes and cigars. CAPSTAN 34 Tobacco whether manufactured or un-manufactured. CRAVEN 34 Tobacco, cigars, cigarettes and snuff. CRAVEN A – coat-of-arms 34 Filter-Tip cigarettes. coronet, pointed atop shield, halved with six fleur-de-lis lions, two, winged, supporters ERINMORE 34 Manufactured tobacco. FREEDOM 34 All goods in this class. KOOL 34 Tobacco, raw or manufactured. KOOL – cigarette label 34 Manufactured Tobacco. panels bird, penguin LUCKY STRIKE 34 Manufactured tobacco. LUCKY STRIKE LUCKIES 34 Cigarettes, tobacco; smokers' articles; matches. IT’S TOASTED AN AMERICAN ORIGINAL – disc inside circles, concentric; stripe, horizontal RANSOM 34 Cigarettes. ROTHMANS 34 Tobacco whether manufactured or un-manufactured. ROTHMANS SPECIAL 34 Cigarettes. MILD R – coat-of-arms with coronet, leaves, shield & lions, rampant, two stripe, oblique on cigarette carton STATE EXPRESS 34 Manufactured tobacco. STATE EXPRESS NO.555 34 Manufactured tobacco. NO.555 STRADBROKE 34 Raw and manufactured tobacco, smokers' articles and matches. STRADBROKE S – stripes, 34 Tobacco; smokers' articles; matches. double, three, oblique; stripes, three, curved, form S TURF 34 Tobacco whether manufactured or un-manufactured. TURF – horse, winged 34 Tobacco whether manufactured or un-manufactured. TURF VIRGINIA 34 Cigarettes, tobacco and cigars. CIGARETTES – circles horse, winged VOGUE 34 Tobacco and tobacco products, whether raw or manufactured, including cigarettes. VOGUE – ribbon or stripe, 34 Cigarettes, tobacco and tobacco products; lighters, matches and wavy and looped breaks smokers' requisites. word WILLS – 2 birds, grot. in 34 Cigarettes, tobacco, smokers' articles, matches. flight atop stripe, horiz. WILLS’S 34 Tobacco whether manufactured or un-manufactured. WINFIELD 34 Cigarettes. WINFIELD – coat-of-arms 34 Cigarettes, tobacco and tobacco products; lighters, matches. atop three chevrons in square, indented WINNIES 34 Tobacco; smokers' articles; matches. W WINFIELD – chevron, 34 Tobacco; smokers' articles; matches. double under coat of arms, leaves, 2 horses rampant Burberry Limited Clayton Utz Ph: (02) 9353 4000 Effective Date: 9 August 2003 File No: C03/09549 Trade Marks Class Goods BB PRORSUM – knight 9 Sunglasses, combined sunglasses and