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AUSTRALIAN OFFICIAL JOURNAL of TRADE MARKS 4 October 2012

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AUSTRALIAN OFFICIAL JOURNAL of TRADE MARKS 4 October 2012 Vol: 26, No. 38 4 October 2012 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 4 October 2012 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes. 13639 Registrations/Protected IRs Amended and Changed. 13640 Applications for Extension of Time . 13639 Applications for Amendment . 13639 Applications/IRs Accepted for Registration/Protection . 13329 Applications/IRs Filed Nos 1515074 to 1516361. 13311 Applications/IRs Lapsed, Withdrawn and Refused Lapsed. 13641 Withdrawn. 13641 Refused. 13641 Australian Competition and Consumer Commission Matters Initial Assessment Given by the ACCC. 13643 Cancellations of Entries in Register . 13643 Notices . 13639 Opposition Proceedings . 13637 Removal/Cessation of Protection for Non-use Proceedings . 13644 Renewal of Registration/IR . 13643 Trade Marks Registered/Protected . 13638 Trade Marks Removed from the Register/IRs Expired . 13645 Trade Marks Restored to Register . 13645 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 4 October 2012 ABSTRACT OF REASONS FOR A DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS Trade Mark Application : 1373284 (IR No. 1032318): FIPROLINE Applicant : VIRBAC Opponent : MERIAL Decision : Reg 17A.34 opposition – grounds pursued under sections 44, 60, 43 and 42(b) of the Trade Marks Act 1995 – none established – IRDA protection extended to Australia – costs awarded against opponent. Decision Issued : 25 September 2012 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Application : 1321700 : JEWELSCAN AND DEVICE Applicant : Phenix Jewellery Pty Ltd Opponent : Jewelscan Pty Ltd Decision : Section 52 opposition – s43, 58, 59, 60, and 62A grounds – s62A established – registration refused. Decision Issued : 26 September 2012 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Trade Mark Application : 1313229 : GRAND TIGER Label Applicant : Gerson Rangel Opponent : Taj Food Sales Pty Ltd Decision : Section 52 opposition: amendment to Notice of Opposition considered and allowed - ss 58, 44 and 60 considered – Applicant’s claim to ownership not displaced – Trade Mark not deceptively similar to Opponent’s trade mark - reputation of Opponent’s trade mark not shown – opposition not established. Decision Issued : 27 September 2012 AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 4 October 2012 Proceedings Under The Trade Marks Act 1995 Applications/IRs Filed Nos 1515074 to 1516361 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. 2 Sticks Digital Marketing Pty Ltd ACN/ARBN 1516293 Agape Feeds Pty Ltd Cl. 31. 1515731 128 172 323 Cl. 41. Agape Feeds Pty Ltd Cl. 31. 1515730 A & J Wright Nominees Pty Ltd ACN/ARBN 1515982 Agape Feeds Pty Ltd Cl. 31. 1515725 106 336 716 Cl. 42. Agape Feeds Pty Ltd Cl. 31. 1515722 A Healthy View Pty Limited ACN/ARBN 139 1515927 Agape Feeds Pty Ltd Cl. 31. 1515719 519 949 Cl. 5, 44. Agtech Pty Ltd ACN/ARBN 072 979 705 Cl. 9, 1515685 AAI PACIFIC PTY LTD ACN/ARBN 157 922 588 1515878 44. Cl. 42. AIR TRICK PROMOTION CO., LTD. Cl. 28. (IR 1515262 AAMC Training Group Pty Ltd Cl. 41. 1516068 1127401) Abercrombie & Fitch Europe SA Cl. 25. 1516158 ALDI Foods Pty Ltd ACN/ARBN 086 210 139 1515156 Abercrombie & Kent (Australia) Pty. Ltd. ACN/ 1516002 Cl. 33. ARBN 005 422 999 Cl. 16, 39. ALDI Foods Pty Ltd ACN/ARBN 086 210 139 1516171 Abey Australia Pty Ltd ACN/ARBN 004 589 1516217 Cl. 30. 879 Cl. 11. Alerton Australia Cl. 9. 1516141 Abiomed, Inc. Cl. 10. (IR 1127712) 1515328 Alexandrou, Nicholas Cl. 33. 1515638 Able (Sutherland) Hire Pty Ltd Cl. 37. 1515414 Alford, Lindsey Cl. 36. 1516232 Absolut Holding Inc. operating through its 1515647 Allied Bioscience Services, Inc. Cl. 1. (IR 1515302 division Absolut Holding Filial Cl. 33. 1127584) Access Law Group Pty Ltd ACN/ARBN 080 1516007 Almaanawe, Shams Cl. 25. 1515090 980 909 Cl. 45. Almaanawe, Shams Cl. 25. 1515092 Access Law Group Pty Ltd ACN/ARBN 080 1516009 980 909 Cl. 45. Alpha Private Pty Ltd Cl. 36. 1515452 Access Law Group Pty Ltd ACN/ARBN 080 1516011 Alpha to Omega Pty Ltd ACN/ARBN 092 449 1515857 980 909 Cl. 45. 780 Cl. 41. Access USA Pty Ltd Cl. 35, 36, 39. 1513972 Alphair Ventilating Systems, Inc a Canadian 1515836 corporation Cl. 7, 11, 37, 42. ACHALADANELLE (FR, 9 Feb 2012) Cl. 3, 5, 1515213 44. (IR 1127157) Alticor Inc. (US, 2 Feb 2012) Cl. 3. (IR 1127337) 1515245 ActivInstinct Ltd Cl. 35. (IR 1127262) 1515232 ALTRA INDUSTRIAL MOTION, INC. Cl. 7. (IR 1515316 1127639) ADELAIDE COMMUNITY HEALTHCARE 1516356 ALLIANCE INCORPORATED Cl. 41, 44. Amgrow Pty Ltd ACN/ARBN 100 684 786 Cl. 5. 1516056 ADG Global Supply Pty Ltd Cl. 1, 4. 1514815 Anaesthetic Professional Services Cl. 35. 1516340 ADG Global Supply Pty Ltd Cl. 7. 1514816 Anderson Valley Acquisition Company, LLC, 1515207 Cl. 32. (IR 1127120) Admon, Orel Cl. 20. 1516024 Anderson Valley Acquisition Company, LLC, 1515206 Adrian, Cohen Cl. 44. 1515758 Cl. 32. (IR 1127119) Advance Magazine Publishers, Inc. Cl. 9, 16, 1515552 Anderson, Luke Cl. 41. 1515083 35, 38, 41, 42, 45. Andrews, Warren Cl. 36. 1515435 Advanced Cell Technology (US, 22 Mar 2012) 1515846 Cl. 1, 5. ANGEL PLAYING CARDS CO., LTD. Cl. 28. (IR 1515197 1127102) Advanced Comfort Pty Ltd ACN/ARBN 141 1515592 795 995 Cl. 10, 20. Animax Ltd (GB, 31 May 2012) Cl. 5, 31. 1515703 Aerison Pty Ltd ACN/ARBN 060 786 656 Cl. 7, 1515453 Anita Dr. Helbig GmbH (DE, 22 Dec 2011) Cl. 1515345 11, 17, 37, 40, 42. 10. (IR 1127807) Aerison Pty Ltd ACN/ARBN 060 786 656 Cl. 7, 1515460 Ansteys Healthcare Pty Ltd Cl. 10, 44. 1515882 11, 17, 37, 40, 42. App Company Pty Ltd ACN/ARBN 160 043 792 1516112 Aerofast Tiedowns Ltd Cl. 22. 1515426 Cl. 9. agape Feeds Pty Ltd Cl. 31. 1515724 Apple and Pear Australia Limited Cl. 31. 1515718 Agape Feeds Pty Ltd Cl. 31. 1515737 Apple Inc. Cl. 9. (IR 1127275) 1515239 Agape Feeds Pty Ltd Cl. 31. 1515736 Arab Bank Australia Limited Cl. 36. 1515390 Agape Feeds Pty Ltd Cl. 31. 1515734 Arab Bank Australia Limited Cl. 36. 1515388 - 13311 - AUSTRALIAN OFFICIAL JOURNAL OF TRADE MARKS 4 October 2012 Arab Bank Australia Limited Cl. 36. 1515391 BANCA SELLA S.P.A. (IT, 29 Aug 2011) Cl. 9, 1515221 Arbonne International, LLC (US, 18 Apr 2012) 1515419 35, 36, 38. (IR 1127217) Cl. 35, 36. Banning, Nicole Cl. 25, 35. 1516130 Aristocrat Technologies Australia Pty Ltd 1515669 Barilla G. e R. Fratelli - Societa per Azioni (IT, 1515320 ACN/ARBN 001 660 715 Cl. 9, 28. 16 Apr 2012) Cl. 30. (IR 1127654) Aristocrat Technologies Australia Pty Ltd 1516176 Barr, Travis Cl. 31. 1515916 ACN/ARBN 001 660 715 Cl. 9, 28. Barratt, Alexandra see Shepherd, Heather Aristocrat Technologies Australia Pty Ltd 1515668 and Bateson, Deborah and Carey, Karen and ACN/ARBN 001 660 715 Cl. 9, 28. Trevena, Lyndal and McGeechan, Kevin and Artwear Originale Pty Ltd Cl. 25. 1515513 Del Mar, Chris and Butow, Phyllis as Corporation Cl. 25. 1515785 Bartzis, Alex Cl. 42. 1515078 as Corporation Cl. 25. 1515781 Barwon Health Cl. 41, 42, 44. 1516078 Ashbree Saddlery Pty Ltd ACN/ARBN 153 028 1515865 Bateson, Deborah see Shepherd, Heather 249 Cl. 18, 35. and Barratt, Alexandra and Carey, Karen and Trevena, Lyndal and McGeechan, Kevin and Aspect Group Limited (US, 15 May 2012) Cl. 9, 1515290 Del Mar, Chris and Butow, Phyllis 41. (IR 1127540) Bateup, Hayley Cl. 41. 1516244 Associated Airconditioning Services ACN/ 1516321 ARBN 057 229 035 Cl. 11, 37. Baxter International Inc. (CH, 7 Oct 2011) Cl.
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