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Australian Official Journal Of Vol: 24 , No. 46 18 November 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 18 November 2010 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes ...................... 14054 Registrations/Protected IRs Amended and Changed ................ 14055 Registrations Linked ............................... 14051 Applications for Extension of Time ...................... 14053 Applications for Amendment .......................... 14053 Applications/IRs Accepted for Registration/Protection .......... 13769 Applications/IRs Filed Nos 1390452 to 1392480 ............................. 13743 Applications/IRs Lapsed, Withdrawn and Refused Lapsed ...................................... 14056 Withdrawn..................................... 14056 Australian Competition and Consumer Commission Matters Decision Given by the ACCC ........................... 14059 Assignments,TransmittalsandTransfers.................. 14056 Cancellations of Entries in Register ...................... 14059 Corrigenda...................................... 14060 Notices........................................ 14052 Opposition Proceedings ............................. 14051 Removal/Cessation of Protection for Non-use Proceedings ....... 14059 Renewal of Registration/IR ............................ 14059 Trade Marks Registered/Protected ....................... 14051 Trade Marks Removed from the Register/IRs Expired ........... 14060 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 18 November 2010 OFFICIAL NOTICES Declaration of the days in 2011 when the Designs Office, the Patent Office, the PBR Office and the Trade Marks Office and their sub-offices are taken not to be open for business The close-down provisions in the designs, Olympic insignia protection, patents, plant breeder’s rights and trade marks legislation provide for the effect of Designs Office, the Patent Office, the PBR Office and the Trade Marks Office (‘the Canberra offices’) or any of their sub-offices in the State capitals (“the sub-office”) not being open for business. On 8 November 2010, IP Australia’s Director General declared under the close-down provisions the days when the Patent, the PBR, Trade Marks and Designs Offices and their sub-offices would not be open for business for the period from period 2 January 2011 to 2 January 2012. The Canberra offices and the State offices will not be open for business on the following days in the period 2 January 2011 to 2 January 2012. All the Canberra offices and the Sub-offices: All Saturdays and Sundays in the period Monday 3 January 2011 New Year’s Day Wednesday, 26 January 2011 Australia Day Friday, 22 April 2011 Good Friday Monday, 25 April 2011 Anzac Day / Easter Monday Tuesday, 26 April 2011 Additional Public Holiday Monday 26 December 2011 to Monday 2 January 2012 Christmas Close Down The Canberra offices Monday 14 March 2011 Canberra Day Monday 13 June 2011 Queen’s Birthday Holiday Monday 3 October 2011 Labour Day Monday 10 October 2011 Family & Community Day The New South Wales sub-office Monday 13 June 2011 Queen’s Birthday Holiday Monday 3 October 2011 Labour Day The Queensland sub-office Monday 2 May 2011 Labour Day Monday 13 June 2011 Queen’s Birthday Holiday Wednesday 17 August 2011 Royal Queensland Show Day The South Australian sub-office Monday 14 March 2011 Adelaide Cup Day Monday 13 June 2011 Queen’s Birthday Holiday Monday 3 October 2011 Labour Day The Tasmanian sub-office Monday 14 February 2009 Royal Hobart Regatta Day Monday 14 March 2010 Eight Hours Day Monday 13 June 2010 Queen’s Birthday Holiday Thursday 20 October 2010 Hobart Show Day The Victorian sub-office Monday 14 March 2011 Labour Day Monday 13 June 2011 Queen’s Birthday Holiday Tuesday 1 November 2011 Melbourne Cup Day The Western Australian sub-office Monday 7 March 2011 Labour Day Monday 6 June 2011 Foundation Day Monday 3 October 2011 Queen’s Birthday Holiday The Northern Territory sub-office Monday 2 May 2011 May Day Monday 13 June 2011 Queens Birthday Holiday Friday 22 July 2011 Darwin Show Day Monday 1 August 2011 Picnic Day For more information on the effect of the close-down provisions, please see the Official Notices of 23 March 2007 titled Intellectual Property Legislation Amendment Regulations 2007 (No. 1) and The new close-down provisions in the trade marks legislation available on IP Australia’s website through the page www.ipaustralia.gov.au/resources/officialnotices.shtml. 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 18 November 2010 Trade Marks Manual of Practice and Procedure Review of Part 12 Divisional Applications Part 12 has been reviewed, with changes that clarify practice in respect of: x International Registrations Designating Australia x Section 65 and Section 65A amendments Examples of divisional applications have also been added Update to Part 32A Examination of Trade Marks for Plants Minor updates have been made to website links Update to Part 35 Certification Trade Marks Part 35 has been updated, with changes that clarify: x The process at the initial examination should the application be ready for submission to the Australian Competition and Consumer Commission (ACCC) x Which particular documents are sent to the ACCC and the applicant’s address for service x The certification trade mark application process Queries: Terry George Manual Coordinator +61 2 6283 2047 Contact: IP Australia Phone: 1300 651 010 or +61 2 6283 2999 Fax: +61 2 6283 7999 E-mail: [email protected] Web: www.ipaustralia.gov.au AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 18 November 2010 ABSTRACTS OF DECISIONS ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1228706, 1228707, 1228708 : Q1 Applicant : Mantra IP Pty Ltd Opponent : Danilo Spagnuolo Decision : Section 52 oppositions – section 43 ground established – existence of geographical connotation means that trade mark use on relevant services likely to deceive or cause confusion - registration refused – costs awarded against applicant. Decision Issued : 5 November 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Application : 1284666 : MALD Applicant : Raytheon Company Decision : Regulation 17A.24 – ex-parte - subsection 41(5) – trade mark has some inherent adaptation to distinguish – consideration of effects of Defence Force legislation on provision of evidence of use in Australia - evidence of use sufficient to satisfy Registrar that trade mark has a capacity to distinguish – accepted under provisions of subsection 41(5). Decision Issued : 9 November 2010 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 18 November 2010 Proceedings Under The Trade Marks Act 1995 Applications/IRs Filed Nos 1390452 to 1392480 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. "LOWA" Sportschuhe GmbH (DE, 21 Oct 2009) Cl. 1392009 Agnes Andree Marguerite Marie Trouble (FR, 2 1390829 25, 28. (IR 1053100) Jun 2010) Cl. 16, 25. (IR 1052351) 2055488 Ontario Inc. Cl. 25. 1391274 AgraQuest, Inc. Cl. 5, 31.
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