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Australian Official Journal Of Vol: 27, No. 17 9 May 2013 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 9 May 2013 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes. 6964 Registrations/Protected IRs Amended and Changed. 6966 Registrations Linked . 6961 Applications for Extension of Time . 6964 Applications for Amendment . 6964 Applications/IRs Accepted for Registration/Protection . 6575 Applications/IRs Filed Nos 1553585 to 1555343. 6549 Applications/IRs Lapsed, Withdrawn and Refused Lapsed. 6968 Withdrawn. 6969 Refused. 6969 Cancellations of Entries in Register . 6972 Notices . 6963 Opposition Proceedings . 6961 Removal/Cessation of Protection for Non-use Proceedings . 6973 Renewal of Registration/IR . 6972 Trade Marks Registered/Protected . 6962 Trade Marks Removed from the Register/IRs Expired . 6973 Transformation and Replacement . 6972 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 9 May 2013 OFFICIAL NOTICE Trade Marks Manual of Practice and Procedure Update of Parts 51 and 60 Update of Part 51 General Opposition Proceedings Part 51 has been amended to reflect changes due to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. Update of Part 60 The Madrid Protocol Part 60 has been amended to reflect changes due to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. Queries: For information on the changes listed above please call the IP Australia IP Reform Helpdesk on +61 2 6283 2922 For information about the Trade Marks Manual of Practice and Procedure generally, contact: Terry George Trade Marks and Designs +61 2 6283 2047 Contact: IP Australia Phone: 1300 651 010 Fax: +61 2 6283 7999 E-mail: [email protected] Web: www.ipaustralia.gov.au AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 9 May 2013 ABSTRACTS OF DECISIONS ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1348176 : INNOMINATE DEVICE Applicant : British American Tobacco Australia Services Limited Opponent : Philip Morris Products S.A. Decision : 2013 ATMO 26 s.52 opposition to registration: s.41 argued – trade mark is inherently adapted to distinguish- opposition not established. Decision Issued : 03 May 2013 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 9 May 2013 Proceedings Under The Trade Marks Act 1995 Applications/IRs Filed Nos 1553585 to 1555343 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. 3 Oceans Wine Company Pty Ltd ACN/ARBN 1553772 ACCESS DIGITAL ENTERTAINMENT PTY. 1555311 130 004 321 Cl. 33. LTD. ACN/ARBN 160 754 736 and Flinders 3 Oceans Wine Company Pty Ltd ACN/ARBN 1553773 Peak Equity Pty Ltd Cl. 38, 41. 130 004 321 Cl. 33. ACCESS DIGITAL ENTERTAINMENT PTY. 1555309 3 Oceans Wine Company Pty Ltd ACN/ARBN 1553774 LTD. ACN/ARBN 160 754 736 and Flinders 130 004 321 Cl. 33. Peak Equity Pty Ltd ACN/ARBN 128 106 445 Cl. 38, 41. 3.1 Phillip Lim, LLC Cl. 3, 9, 14, 18, 25, 35. (IR 1554868 1157305) ACCESS DIGITAL ENTERTAINMENT PTY. 1555308 LTD. ACN/ARBN 160 754 736 and Flinders 315 Coventry Street Pty Ltd ACN/ARBN 163 1554092 Peak Equity Pty Ltd ACN/ARBN 128 106 445 121 891 Cl. 43. Cl. 38, 41. A & D AUSTRALASIA PTY LTD Cl. 9. 1554205 Ace of Spades Holdings, LLC Cl. 33, 43. (IR 1553802 A L LEMON & A RIENIETS Cl. 41. 1554216 1155803) A&G INSURANCE SERVICES PTY LTD ACN/ 1555041 ACECOOK VIETNAM JOINT STOCK 1553590 ARBN 003 617 909 Cl. 35, 36. COMPANY Cl. 30. (IR 1155769) A&G Insurance Services Pty Ltd ACN/ARBN 1555042 Actavis Group PTC ehf (IS, 21 Nov 2012) Cl. 1, 1554731 003 617 909 Cl. 35, 36. 3, 5, 41, 42. (IR 1156726) A&G Insurance Services Pty Ltd ACN/ARBN 1555043 Actervis GmbH Cl. 11. 1554171 003 617 909 Cl. 35, 36. Actervis GmbH (EM, 31 Oct 2012) Cl. 21. 1554170 A&I Coatings Group Pty Ltd as trustee for the Actervis GmbH Cl. 22. 1554266 Peter & Rebecca Gillies Family Trust ACN/ ARBN 161 797 333 see The Trustee for The ACTIVE ORGANIC BEVERAGES PTY LTD 1553836 Peter & Rebecca Gillies Family Trust ACN/ ACN/ARBN 149 759 535 Cl. 32. ARBN 161 797 333 Adairs Retail Group Pty Ltd ACN/ARBN 128 1554936 A&I Coatings Group Pty Ltd as trustee forthe 287 776 Cl. 24. Peter & Rebecca Gillies Family Trust ACN/ Adairs Retail Group Pty Ltd ACN/ARBN 128 1554935 ARBN 161 797 333 see The Trustee for The 287 776 Cl. 24. Peter & Rebecca Gillies Family Trust ACN/ Adairs Retail Group Pty Ltd ACN/ARBN 128 1554931 ARBN 161 797 333 287 776 Cl. 24. A-Fax Limited (GB, 21 May 2012) Cl. 19. (IR 1554827 Adairs Retail Group Pty Ltd ACN/ARBN 128 1554930 1157125) 287 776 Cl. 24. A.M ASHBOLT & R.J ASHBOLT Cl. 29. 1554230 Adams Golf, LLC a corporation organised 1554362 ABAH Geelong Pty Ltd ACN/ARBN 161 314 1553875 and existing under the laws of the State of 987 Cl. 28, 30, 35, 40, 41. Texas, United States of America (Divisional of Abbott Laboratories Cl. 1, 5, 9, 10, 42. 1554166 No. 1408824 dated 11 Feb 2011) Cl. 28. Abercrombie & Fitch Europe SA (CH, 5 Sep 1554913 Adecco S.A. (CH, 21 Dec 2012) Cl. 35, 41. (IR 1554700 2012) Cl. 25. (IR 1157313) 1156586) Abercrombie & Fitch Europe SA (CH, 10 Sep 1554914 Adecco S.A. (CH, 21 Dec 2012) Cl. 35, 41. (IR 1554702 2012) Cl. 45. (IR 1157314) 1156593) Abercrombie & Fitch Europe SA (CH, 6 Sep 1554912 ADELAIDE MARBLE SPECIALISTS PTY LTD 1554187 2012) Cl. 3. (IR 1157312) Cl. 19, 37. Absolute Domestics Licensing Pty Ltd as 1555102 ADELAIDE MARBLE SPECIALISTS PTY LTD 1554197 trustee for the Absolute Domestics Holding Cl. 19, 37. Unit Trust ACN/ARBN 118 817 360 Cl. 35, 37. Adelaide Oval SMA Ltd Cl. 16, 25, 28, 35, 41, 1554555 Absolute Domestics Licensing Pty Ltd as 1555103 42, 43. trustee for the Absolute Domestics Holding Adelaide Oval SMA Ltd Cl. 16, 25, 28, 35, 41, 1554556 Unit Trust ACN/ARBN 118 817 360 Cl. 35, 37. 42, 43. ACCESS DIGITAL ENTERTAINMENT PTY. 1555310 Adonia Cosmetics Pty. Ltd. ACN/ARBN 115 1554317 LTD. ACN/ARBN 160 754 736 and Flinders 522 337 Cl. 3. Peak Equity Pty Ltd Cl. 38, 41. Adopted Holdings Limited (US, 5 Sep 2012) Cl. 1554723 9, 18, 25. (IR 1156687) - 6549 - AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 9 May 2013 adp Gauselmann GmbH (EM, 26 Feb 2013) Cl. 1555216 Amann & Sohne GmbH & Co. KG (DE, 16 Aug 1554850 9, 28. 2012) Cl. 23. (IR 1157211) Advance Traders (Australia) Pty Ltd ACN/ 1554203 American-Cigarette Company (Overseas) (Pty) 1554514 ARBN 130 664 194 Cl. 35, 37. Limited Cl. 34. ADVANCED PROBIOTICS INTERNATIONAL 1554307 AMEX AUSTRALIA PTY LTD ACN/ARBN 118 1554097 LLC Cl. 31. 166 000 Cl. 23, 24, 25, 26, 27, 38, 41, 42, 44. AEGIS TRADEMARKS BV (EM, 31 Jan 2013) 1553692 Ampac Safety Pty Ltd Cl. 6, 9. 1555175 Cl. 35. (IR 1156194) Ampac Safety Pty Ltd ACN/ARBN 161 340 245 1552430 AEGON N.V. Cl. 35, 36. (IR 1154151) 1554891 Cl. 6, 9. Aeropostale Procurement Company, Inc. (US, 1554819 AMT Group Pty Ltd ACN/ARBN 091 433 055 1554280 4 Dec 2012) Cl. 3. (IR 1157088) Cl. 9, 35, 38. Aerostar Aircraft Corporation a corporation 1554463 Andermatt Biocontrol AG (CH, 6 Nov 2012) Cl. 1554743 under the laws of State of Washington Cl. 12. 5. (IR 1156762) Agilent Technologies, Inc.
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