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AUSTRALIAN OFFICIAL JOURNAL of TRADE MARKS 16 August 2007

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AUSTRALIAN OFFICIAL JOURNAL of TRADE MARKS 16 August 2007 Vol: 21 , No. 32 16 August 2007 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 16 August 2007 Contents General Information & Notices IR means "International Registration" Amendments and Changes Application/IRs Amended and Changes ...................... 10589 Registrations/Protected IRs Amended and Changed ................ 10590 Applications for Amendment .......................... 10589 Applications/IRs Accepted for Registration/Protection .......... 10355 Applications/IRs Filed Nos 1188650 to 1189175 ............................. 10351 Applications/IRs Lapsed, Withdrawn and Refused Lapsed ...................................... 10591 Withdrawn..................................... 10592 Assignments, Transmittals and Transfers .................. 10592 Cancellations of Entries in Register ...................... 10593 Corrigenda ...................................... 10595 Notices ........................................ 10589 Opposition Proceedings ............................. 10588 Removal/Cessation of Protection for Non-use Proceedings ....... 10594 Renewal of Registration/IR ............................ 10593 Trade Marks Registered/Protected ....................... 10588 Transformation and Replacement ....................... 10593 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 16 August 2007 OFFICIAL NOTICES TRADE MARKS OFFICE Legislation and Examination Practice in Relation to Divisional Applications New provisions for divisional applications came into effect on 27 March 2007. The intent of the amended legislation was for the goods/services of the divisional application to be clearly divided from those of the parent and to avoid duplication. Some divisional applications filed on or after 27 March 2007 have been invalid. The most common problems are those divisional applications where the goods and/or services that are to remain in the parent have not been specified or where an overlap exists between the goods and/or services of the parent and the divisional. To avoid submitting an invalid divisional, you must inter alia: • Specify the goods and/or services to remain in the parent [section 46(1)(c)] on the divisional application at the time of filing; and • Ensure that there is no overlap between the goods and/or services of the parent and the divisional. According to section 46(2), when a divisional application is made, the Registrar must exclude the goods/services of the divisional from the goods/services of the parent. In cases of overlap the Registrar must therefore exclude goods and/or services from the parent that the applicant has specified to remain in the parent. For example, a divisional application is filed for “headgear” where the goods of the parent are “clothing, footwear and headgear”. The divisional application specifies “clothing, footwear, caps” as the goods to remain in the parent. There is an overlap with “caps” and “headgear”. Since the Registrar must exclude the goods of the divisional from the goods of the parent there is no option under section 46(2) for “caps” to remain in the parent. If the application is to proceed with the divisional priority date, the parent specification will be amended by the Registrar to read “Clothing and footwear”. Alternatively, the applicant may retain the overlapping goods by forfeiting the divisional priority claim. A list of questions follows (see next page) to assist applicants and agents when filing divisional applications. FILING DIVISIONALS ON OR AFTER 27 MARCH 2007 x Is the applicant of the divisional application the same as the applicant for the parent application? x Was this application filed while the parent application was still pending? (pending includes status “accepted”) x Is the trade mark for this application the same as the trade mark on the parent application x Are the goods/services of the divisional some only of the goods/services of the parent? x Does the application specify the goods/services that are to remain in the parent application? x Are the goods/services of the divisional clearly distinct from the goods/services to remain in the parent? (NB. There should be no overlap in the goods/services of the parent with the goods/services of the divisional.) Please contact IP Australia if you have any queries regarding divisional applications. Queries: Tanya Duthie and Shirley Harris Technical Policy and Projects +61 2 6283 2838 and +61 6283 2946 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 16 August 2007 OFFICIAL NOTICES Trade Marks Update to Glossary of Image Descriptors A number of terms have been added, amended or removed from the glossary. Please note that the removed terms were infrequently used (the great majority referred to less that 10 trade marks, most of which were not registered/dead). The changes are effective immediately. A full PDF version of the Glossary can be found at http://www.ipaustralia.gov.au/pdfs/trademarks/glossaryimgdesc.pdf A search engine for device constituents is available as a function of the online trade mark database (ATMOSS) also at http://pericles.ipaustralia.gov.au/atmoss/Falcon_Search_tools.Options New Additions EURO (monetary symbol) MAP, INDIA COSMETICS MAP, ACT MAP, CHINA Amendments to existing terms AYERS-ROCK changed to ULURU CUTTLEFISH changed to SQUID DOVECOT changed to BIRDHOUSE DRACULA changed to VAMPIRE JULIUS-CAESAR changed to CAESAR PRINCE-OF-WALES changed to SYMBOL, PRINCE-OF-WALES RECORD and RECORD+ changed to RECORD-DISC and RECORD-DISC+ to cover CDs, DVDs etc as well as vinyl records TUTANKHAMEN changed to PHAROAH CAMSHAFT consolidated with existing term CRANKSHAFT CARDIGAN consolidated with existing term JACKET CARPET-SWEEPER consolidated with existing term VACUUM-CLEANER CHAMBER-POT consolidated with existing terms BOWL and HANDLE DAVIS-CUP consolidated with existing term TROPHY DOUBLE-DECKER consolidated with existing term BUS HARP, AEOLIAN consolidated with existing term HARP JAMES-COOK consolidated with existing term CAPTAIN-COOK QUEEN-ELIZABETH & QUEEN-VICTORIA consolidated with existing term QUEEN RUBIKS consolidated with existing term GRID and PUZZLE Re-indexed deletions The following terms have been deleted and re-indexed using existing terms Re-indexed using MAN (+) or WOMAN (+), plus other distinguishing elements as appropriate ABEL-TASMAN LAUREL-AND-HARDY ALAN-BOND LOUIS-PASTEUR BEATLES MAD-HATTER BEETHOVEN MARILYN-MONROE BENJAMIN-FRANKLIN MARLON-BRANDO BO-PEEP MARY-POPPINS BOB-HAWKE MATTHEW-FLINDERS CARDINAL-RICHELIEU MISS-MUFFET CAROLINE-CHISHOLM MOTHER-GOOSE CINDERELLA NELSON CLARK-GABLE PAUL-NEWMAN COLONEL-SANDERS PAUL-REVERE COLONEL-LIGHT PETER-NORTON DAVY-CROCKETT PRINCE-ALBERT DICK-SMITH REMUS DON-QUIXOTE REMBRANDT EDWARD-VII ROBERT-CLIVE ELIZA-FRASER ROGER-MOORE FATHER-TIME ROMULUS GEORGE-WASHINGTON SAINT-CHRISTOPHER HARRY-LAUDER SAINT-MICHAEL HENRY-LAWSON SAINT-PAUL HENRY-VIII SAINT-PETER HERCULES SAMSON HOUDINI SHAKESPEARE IAN-BOTHAM SNOW-WHITE IAN-MELDRUM SUPERWOMAN JACK-HORNER TELLY-SAVALAS JACK-THOMPSON THOMAS-EDISON JAMES-DEAN THOTH JOAN-OF-ARC TOM-THUMB JOHN-BULL UNCLE-SAM JOHN-LENNON VAN-GOGH KENNY-ROGERS VICTOR-HUGO KITCHENER WALTER-RALEIGH LADY-GODIVA WG-GRACE Re-indexed using building terms (eg SKYLINE; SCENE, CITY; DOME; TOWER; CHURCH etc) BRISBANE HIGH-COURT KREMLIN LONDON NOTRE-DAME WASHINGTON WESTMINSTER-ABBEY WHITEHALL Re-indexed using MAP, OTHER MAP, ALASKA MAP, BAROSSA MAP, BRISBANE MAP, CARIBBEAN MAP, CALIFORNIA MAP, GREAT-LAKES MAP, KENTUCKY MAP, MORNINGTON-PENINSULA MAP, NEW-JERSEY MAP, PERTH MAP, SNOWY-RIVER MAP, SYDNEY MAP, TEXAS
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