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AUSTRALIAN OFFICIAL JOURNAL of TRADE MARKS 2 September 2010

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AUSTRALIAN OFFICIAL JOURNAL of TRADE MARKS 2 September 2010 Vol: 24 , No. 35 2 September 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 2 September 2010 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes ...................... 10523 Registrations/Protected IRs Amended and Changed ................ 10524 Applications for Extension of Time ...................... 10522 Applications/IRs Accepted for Registration/Protection .......... 10244 Applications/IRs Filed Nos 1377169 to 1377993 ............................. 10233 Applications/IRs Lapsed, Withdrawn and Refused Lapsed ...................................... 10524 Withdrawn..................................... 10525 Refused ...................................... 10525 Assignments,TransmittalsandTransfers.................. 10525 Cancellations of Entries in Register ...................... 10527 Notices........................................ 10522 Opposition Proceedings ............................. 10521 Removal/Cessation of Protection for Non-use Proceedings ....... 10528 Renewal of Registration/IR ............................ 10527 Trade Marks Registered/Protected ....................... 10521 Trade Marks Removed from the Register/IRs Expired ........... 10529 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 2 September 2010 ABSTRACTS OF DECISIONS ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1185601 : CLOGREL, CLOGREL 75 Applicant : Eremad Pty Ltd Opponent : Sanofi-Aventis Decision : S 52 opposition: s 41 and issues of deceptive similarity to an INN considered. S 41 and 62A not established, registration to proceed. Decision Issued : 18 August 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Application : 1226179 : SWEET STREET Applicant : Sweet Street Desserts, Inc Opponent : Unilever Australia Limited Decision : s52 Opposition – sections 42, 44 and 60 – essential issue whether trade mark SWEET STREET and STREETS are deceptively similar – denotation of common element of trade marks differs according to context; trade marks are not deceptively similar - registration allowed Costs awarded against opponent. Decision Issued : 26 August 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Application : 959068 : Applicant : Stafford-Miller (Ireland) Limited Opponent : Colgate-Palmolive Company Decision : Section 52 opposition: sections 44 and 60 pressed – trade marks not deceptively similar – use not likely to deceive or cause confusion –opposition not established. Costs awarded against the Opponent. Decision Issued : 25 August 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 2 September 2010 ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1230187: KITCHENMAID Applicant : Huilong Electrical Appliances Pty Ltd. Opponent : Whirlpool Properties, Inc. Decision : Section 52 – trade marks are deceptively similar under section 44 and a reputation exists under section 60 of the Act – consideration of similar goods/services – Trade mark refused registration, and costs awarded against the applicant. Decision Issued : 25 August 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 2 September 2010 Proceedings Under The Trade Marks Act 1995 Applications/IRs Filed Nos 1377169 to 1377993 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. 1300ADVOCATE.COM.AU see Fox, Shane Arch Wood Protection (Aust) Pty Ltd Cl. 1, 2, 19, 1377462 1300ADVOCATE.COM.AU see Fox, Shane 40. 9 Fruit Cl. 16. 1377925 Aristocrat Technologies Australia Pty Ltd Cl. 28. 1377626 9 Fruit Cl. 16. 1377934 Aristocrat Technologies Australia Pty Ltd Cl. 28. 1377629 A & M Pieri Nominees Pty Ltd ACN/ARBN 006 067 1377324 Armstrong, Phil Cl. 28. 1377257 858 Cl. 33. Aston, Anthony Cl. 9. 1377949 A-Gas (Australia) Pty Ltd Cl. 4. 1376504 ASX Operations Pty Limited ACN/ARBN 004 523 1377207 A.M. Advertising Design Pty Limited ACN/ARBN 1377399 782 Cl. 9, 16, 36, 38, 41, 42. 053 127 843 Cl. 29, 30, 32, 34. AUSJ Imports Pty Limited ACN/ARBN 001 889 283 1377612 AA Performance Pty Ltd ACN/ARBN 124 462 344 1377748 Cl. 9, 11. Cl. 9. AUSJ Imports Pty Limited ACN/ARBN 001 889 283 1377614 ABC Design GmbH (EP, 2 Mar 2010) Cl. 12, 18, 20. 1377974 Cl. 9, 11. Ability Options Wholesale Nursery Cl. 31. 1377652 Australasian Music Supplies Pty Ltd ACN/ARBN 1377865 006 272 644 Cl. 15, 16, 35, 37. Ability Options Wholesale Nursery Cl. 31. 1377653 Australasian Society for HIV Medicine and 1377647 The Academy of Art & Play Therapy Pty Ltd 1377757 Workforce Development Program Cl. 41. ACN/ARBN 120 695 785 and Bologna, Rosa Cl. 41. Australian Baby Formula Pty Ltd ACN/ARBN 143 1376527 Acoustica Pty Ltd ACN/ARBN 003 172 307 Cl. 17. 1377396 868 080 Cl. 5. Acoustica Pty Ltd ACN/ARBN 003 172 307 Cl. 17. 1377421 Australian Graduate School of Leadership Pty Ltd 1377345 Acoustica Pty Ltd ACN/ARBN 003 172 307 Cl. 17. 1377405 ACN/ARBN 001 268 659 Cl. 16, 41. Advance Magazine Publishers, Inc. (Divisional of 1377911 Australian Graduate School of Leadership Pty Ltd 1377347 No. 1225824 dated 22 Feb 2008) Cl. 16, 41, 45. ACN/ARBN 001 268 659 Cl. 16, 41. Advancetech Pty Ltd Cl. 9. 1376263 Australian Graduate School of Leadership Pty Ltd 1377349 AG Pulie Pty Ltd ACN/ARBN 000 864 308 Cl. 12. 1377367 ACN/ARBN 001 268 659 Cl. 41. Agrapidis, Tony Cl. 10. 1377436 Australian Mobility Equipment Pty Ltd ACN/ARBN 1377351 Agrimin Limited (EM, 15 Feb 2010) Cl. 1, 5, 31. 1377655 051 666 052 Cl. 35, 37. Aida Hauache and Osorio, Eduardo Javier Cl. 41. 1376273 Australian Property Institute Limited ACN/ARBN 1377597 007 505 866 Cl. 9, 36. Aida Hauache and Osorio, Eduardo Javier Cl. 41. 1376274 Australian Property Institute Limited ACN/ARBN 1377598 Al-Aseel Pty Limited ACN/ARBN 144 502 018 Cl. 1377968 007 505 866 Cl. 9, 36. 29, 43. The Australian Steel Company (Operations) Pty 1377988 ALDI Foods Pty Ltd Cl. 30. 1377889 Ltd ACN/ARBN 069 426 955 Cl. 6, 37. Alexander, Dennis Cl. 35. 1376257 The Australian Steel Company (Operations) Pty 1377989 All Round Supplies Pty Ltd Cl. 35. 1377780 Ltd ACN/ARBN 069 426 955 Cl. 6, 37. All Smiles Family Dental Care PTY LTD as trustee 1377716 The Australian Steel Company (Operations) Pty 1377990 for All Smiles Family Dental Care Unit Trust Ltd ACN/ARBN 069 426 955 Cl. 6, 37. ACN/ARBN 139 883 275 Cl. 44. The Australian Steel Company (Operations) Pty 1377991 Allergan, Inc Delaware Cl. 5. 1377602 Ltd ACN/ARBN 069 426 955 Cl. 6, 37. Alsco Limited Cl. 25, 35. 1377190 Autism Victoria Inc Cl. 42, 45. 1377876 Alsco Pty Limited Cl. 5, 10, 24, 25. 1377502 Auto Klene Solutions Pty Ltd ACN/ARBN 094 733 1377419 American Express Marketing & Development 1377390 865 Cl. 3. Corp. Cl. 36. Auto Trader Australia Pty Ltd ACN/ARBN 144 847 1377687 Anastovski, Jenny see Anastovski, Steve 594 Cl. 35, 38, 41. Anastovski, Steve and Anastovski, Jenny Cl. 44. 1377487 B.I.A. Cordon Bleu, Inc. incorporated in the State 1377503 of California (US, 24 Feb 2010) Cl. 21. Ancestry.com Operations Inc. Cl. 16, 38, 41, 42, 1377401 45. B.I.A. Cordon Bleu, Inc. incorporated in the State 1377504 of California (US, 24 Feb 2010) Cl. 21. Andorra Australia Pty Ltd ACN/ARBN 063 527 220 1377973 Cl. 25. Baby Steps Fitness Cl. 41. 1377344 Angel Energy Pty Ltd ACN/ARBN 134 954 288 Cl. 1377933 Bacchant Wine Merchants Pty Ltd Cl. 33. 1377300 42. Bacchant Wine Merchants Pty Ltd Cl. 33. 1377302 AQUEOUS SOLUTIONS PTY LTD Cl. 1. 1377117 Bacchus Distillery Pty Ltd ACN/ARBN 065 961 711 1377621 Arch Wood Protection (Aust) Pty Ltd Cl. 1, 2, 19, 1377460 Cl. 6, 33. 40. - 10233 - AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 2 September 2010 Bacchus Distillery Pty Ltd ACN/ARBN 065 961 711 1377622 Bradbury, Wayne Cl.
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