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AUSTRALIAN OFFICIAL JOURNAL of TRADE MARKS 22 July 2010 Vol: 24 , No. 29 22 July 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 22 July 2010 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes ...................... 8697 Registrations/Protected IRs Amended and Changed ................ 8698 Applications for Extension of Time ...................... 8696 Applications for Amendment .......................... 8696 Applications/IRs Accepted for Registration/Protection .......... 8322 Applications/IRs Filed Nos 1369180 to 1370933 ............................. 8299 Applications/IRs Lapsed, Withdrawn and Refused Lapsed ...................................... 8700 Withdrawn..................................... 8700 Refused ...................................... 8700 Assignments,TransmittalsandTransfers.................. 8700 Cancellations of Entries in Register ...................... 8702 Corrigenda...................................... 8705 Notices........................................ 8695 Opposition Proceedings ............................. 8693 Removal/Cessation of Protection for Non-use Proceedings ....... 8703 Renewal of Registration/IR ............................ 8702 Trade Marks Registered/Protected ....................... 8693 Trade Marks Removed from the Register/IRs Expired ........... 8704 Trade Marks Restored to Register ....................... 8705 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 22 July 2010 ABSTRACTS OF DECISIONS ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Registration : 812839 : Applicant for removal : Motive Inc Opponent to removal : Hannu Eric Mannering Decision : S92(4)(b) opposition: Use demonstrated on limited range of services – Registrar’s discretion under s101(4) applied in relation to similar services – trade mark to remain on the Register for reduced service claim. Decision Issued : 15 July 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Registration : 1041519: MEKONG. Applicant for removal : SURA BANGYIKHAN COMPANY LIMITED. Opponent to removal : BRETT WILSON. Decision : Section 92(4)(a) – Intention to use the trade mark in good faith - use of the trade mark with additions or alterations substantially affecting the identity of the trade mark – s92(4)(a) not established and non-use application dismissed – costs awarded against the removal applicant. Decision Issued : 14 July 2010. ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Application : 1053897 : NEXT HOME Applicant : Retail Management Consultants Pty Ltd Opponent : Next Retail Limited Decision : s52 opposition - s60 - opponent has not established reputation to hearing officer's satisfaction. Opposition not established. Costs awarded against opponent. Decision Issued : 16 July 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 22 July 2010 ABSTRACT OF REASONS FOR A DECISION OF A DEPUTY REGISTRAR OF TRADE MARKS Trade Mark Application : 1201807: CAMEL TANKS Applicant : Lorne Bobart Decision : Section 84A revocation of registration. Application should not have been accepted or registered. Because of use of the trade mark not satisfied it is reasonable to revoke registration. Trade mark to remain on the Register. Decision Issued : 12 June 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 22 July 2010 Proceedings Under The Trade Marks Act 1995 Applications/IRs Filed Nos 1369180 to 1370933 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. .vantronix ý secure systems GmbH Cl. 9, 16, 42. 1370619 ALDI Foods Pty Ltd Cl. 30. 1370446 (IR 1041333) Alfred Health Cl. 42, 44. 1370060 100 Creek Pty Ltd as trustee for 100 Creek Trust 1369750 Alfresco Homeliving Pty Ltd ACN/ARBN 127 536 1370900 Cl. 36. 234 Cl. 6, 19. 1965 Innovations Pty Ltd ACN/ARBN 137 878 301 1369483 Alfresco Homeliving Pty Ltd ACN/ARBN 127 536 1370902 Cl. 28, 38, 41. 234 Cl. 6, 19. A & M Investment Pty Ltd ACN/ARBN 009 976 470 1369691 Algorithmics Trademarks LLC Cl. 9, 36, 42. 1369863 Cl. 43, 45. Algorithmics Trademarks LLC Cl. 9, 36, 42. 1369867 Abax Systems Partnership ACN/ARBN 064 734 1368428 505 Cl. 6. Algorithmics Trademarks LLC Cl. 9, 36, 42. 1369869 Abax Systems Pty Ltd Cl. 6, 20. 1368422 Algorithmics Trademarks LLC Cl. 9, 36, 42. 1369866 Abax Systems Pty Ltd Cl. 6, 20. 1368424 Algorithmics Trademarks LLC Cl. 9, 36, 42. 1369865 Abax Systems Pty Ltd Cl. 6, 20. 1368427 Algorithmics Trademarks LLC Cl. 9, 36, 42. 1369870 Abax Systems Pty Ltd Cl. 6, 20. 1368425 Algorithmics Trademarks LLC Cl. 9, 36, 42. 1369872 Abax Systems Pty Ltd Cl. 20. 1368429 Algorithmics Trademarks LLC Cl. 9, 36, 42. 1369871 Abberton, Laure Benton Cl. 11. 1368421 Alivizatos, Jarrod see Michael, George and Hagi, James ABC Design GmbH (EM, 2 Mar 2010) Cl. 12, 18, 20. 1369565 (IR 1040790) All Dunn International Pty Ltd Cl. 32, 33. 1369370 AC Mobility Pty Ltd Cl. 12. 1369780 Allen, Stephen Vincent Cl. 35. 1370016 Accepting Engagement Pty Ltd Cl. 41, 44. 1368637 Allison-Rogers, Susan Cl. 42. 1370520 Accepting Engagement Pty Ltd ACN/ARBN 133 1370530 Allport, Suzanne see Lynette Thompson Betty 083 593 Cl. 41, 44. Alternative Imports Pty Ltd ACN/ARBN 116 629 1369883 Acorda Therapeutics, Inc. (US, 4 Feb 2010) Cl. 5. 1370833 157 Cl. 9. Acorda Therapeutics, Inc. (US, 4 Feb 2010) Cl. 5. 1370834 Alternative Imports Pty Ltd ACN/ARBN 116 629 1369884 157 Cl. 35. Acott Pty Ltd ACN/ARBN 082 247 952 Cl. 9, 11, 32, 1369512 35, 39. Amandily Pty Ltd ACN/ARBN 122 488 984 Cl. 31, 1369256 44. Adams, Adel Cl. 12. 1368856 American Express Marketing & Development 1369450 ADD-BAG PTY LTD ACN/ARBN 139 779 203 Cl. 16. 1370020 Corp. Cl. 35, 36, 39, 43. Adelaide Nut Distribution Pty Ltd ACN/ARBN 097 1369237 American Superconductor Corporation Cl. 9. (IR 1370754 683 522 Cl. 29, 30. 1041984) Adelaide Nut Distribution Pty Ltd ACN/ARBN 097 1369242 Anatoly Podkopov (GB, 15 Jul 2009) Cl. 9, 16, 25, 1369559 683 522 Cl. 29, 30, 35, 40. 28, 35, 38, 41, 42. (IR 1040755) Adelaide Nut Distribution Pty Ltd ACN/ARBN 097 1369239 Ancestry.com Operations Inc. (US, 15 Dec 2009) 1369585 683 522 Cl. 30. Cl. 35, 42, 45. (IR 1040912) Adelaide Nut Distribution Pty Ltd ACN/ARBN 097 1369243 Andrewartha, Bronte see Taylor, Brian 683 522 Cl. 29, 30, 35, 40. Animal Welfare League of South Australia 1370332 Adina Tarry (GB, 24 Dec 2009) Cl. 9. (IR 1041975) 1370779 Incorporated Cl. 25, 35, 39, 41. Adventist Health System/Sunbelt Inc. Cl. 9, 16, 35, 1370295 Animal Welfare League of South Australia 1370334 41, 42, 44, 45. Incorporated Cl. 25, 35, 41. Agbits Limited (NZ, 21 May 2010) Cl. 21. 1369463 Animal Welfare League of South Australia 1370337 AGENDIA BV (EM, 21 Oct 2009) Cl. 5, 10, 44. (IR 1369664 Incorporated Cl. 25, 35, 41. 1041252) Anthony, Campbell Cl. 41. 1369467 AGENDIZE (FR, 13 Apr 2010) Cl. 9. (IR 1041589) 1370778 Antica Farmacista, LLC Cl. 3. (IR 1041965) 1370750 AGSPEC AUSTRALIA PTY LTD ACN/ARBN 109 1370331 Apple Inc. (US, 21 Apr 2010) Cl. 9. (IR 1040849) 1369572 573 953 Cl. 1. Apple Inc. (US, 21 Apr 2010) Cl. 9. (IR 1041973) 1370753 AILETS Pty Ltd ACN/ARBN 102 673 674 Cl. 35, 41. 1369296 Apple Inc. (JM, 23 Nov 2009) Cl. 9. (IR 1042026) 1370765 AIR CHINA LIMITED Cl. 39. 1369324 Apple Inc. (JM, 19 Apr 2010) Cl. 9. (IR 1041898) 1370733 Air Tools Australia Pty Ltd ACN/ARBN 050 159 1369130 727 Cl. 7. Apple Inc. (US, 21 Apr 2010) Cl. 9. (IR 1040959) 1369599 Air Tools Australia Pty Ltd ACN/ARBN 050 159 1369131 Apple Inc. (US, 21 Apr 2010) Cl. 9. (IR 1041153) 1369638 727 Cl. 7. Apple Inc. (US, 21 Apr 2010) Cl. 9. (IR 1040958) 1369598 Albert BAUER Cl. 9, 11, 16, 37, 42. (IR 1042000) 1370758 Apple Inc. (US, 21 Apr 2010) Cl. 9. (IR 1040850) 1369573 - 8299 - AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 22 July 2010 AQUATICS & RECREATION VICTORIA INC Cl.
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