AUSTRALIAN CUSTOMS NOTICE NO. 2003/42 Notices of objection to importation - Trade Marks Act 1995 The Trade Marks Act 1995 allows the registered owner, or in certain circumstances, the authorised user of a trademark to object to the importation of goods which infringe their trademark. The registered owner, or authorised user does this by lodging a Notice of Objection with the Australian Customs Service (Customs). Unless revoked, a Notice of Objection remains in force for a period of two years from the date of commencement. The attached Schedule sets out the registered owners and authorised users who have lodged Notices of Objection under the Trade Marks Act 1995. The Notices notify the objections of these registered owners and authorised users to the importation of goods which infringe their trade mark or trade marks. Descriptions of the relevant trade marks are also set out in the Schedule. For each particular trade mark described, the Schedule makes reference to a particular “class” of goods. This refers to the classes of goods prescribed in Schedule 1 to the Trade Marks Regulations 1995 and along with a description of the goods, is used to describe the type of goods for which the particular trade mark is registered. Prospective importers of such goods should seek further advice from Customs regarding the ambit of any Notice of Objection set out in the Schedule. Where goods of the kind referred to manufactured outside and imported into Australia: - have applied to them, or in relation to them, a sign that is substantially identical with, or deceptively similar to, a trade mark listed in the Schedule; and - fall within a class of goods for which the relevant trade mark is registered, they are liable to be seized by Customs unless it can be established that: - the goods are being imported otherwise than for the purposes of trade (sale, lease, hire, etc.); or - the goods do not infringe the relevant trade mark. Part 12 of the Trade Marks Act 1995 details the circumstances in which the use of a trade mark may, or may not, amount to an infringement. For example, a trade mark is not infringed where the mark in question has been applied to, or in relation to, goods with the consent of the registered owner of the trade mark. However, where the trade mark is applied by, or with the consent of, an overseas owner of the trademark and the goods are imported into Australia without the consent of the Australian trade mark owner, this may still represent an infringement. People who have been intending to import goods that may be liable to seizure under the provisions of the Trade Marks Act 1995 should consider seeking advice from Customs, or a suitably qualified legal practitioner, as to the implications of the trade marks legislation, and the meaning of terms such as "substantially identical with", "deceptively similar to" and "an infringement of" a trade mark. The trade mark owners’ contact particulars have been included in the Schedule to assist importers who may wish to contact the owner regarding use of the trade marks in question. Copies of the relevant Notices of Objection have been forwarded to the Customs office in the capital city of each State and Territory. Importers, or their advisers, who require further information regarding the Notices of Objection, or Customs’ role in respect of those Notices, should contact the Customs Information Centre on 1300 363 263 or the Intellectual Property Rights Group on (02) 6275 6577. Philomena Carnell National Manager Cargo Branch for Chief Executive Officer June 2003 SCHEDULE TO ACN NO. 2003/42 TRADE MARK NOTICES OF OBJECTION Avon Products Pty Ltd Phillips Ormonde Fitzpatrick Ph: (03) 9614 1944 Trade Marks Class Goods A AVON – Greek 25 Casual clothing, sleepwear, underwear, scarves, socks, and character, alpha babywear; and all other goods in class 25 but excluding footwear. AVON 3 Soaps, perfumery, cosmetics, hair-lotions, dentifrices and cleaning products, all being for personal use, and all being goods included in Class 3. AVON 3 Sunscreens, tanning lotions, and anti-perspirants. AVON 4 Candles, being goods included in class 4. AVON 5 Medicated creams and lotions; deodorants; medicated hair preparations; and sunburn ointment; all being for personal use. AVON 14 Cosmetic and perfumery containers, costume jewellery including ear rings, neck and bracelet wear being goods of precious or semi-precious material, being goods included in Class 14. AVON 16 Printed promotional material. AVON 18 All goods in Class 18. AVON 21 All goods in class 21. AVON 21 Cosmetic and perfumery containers and utensils (none being goods of precious or semi-precious material). AVON 23 Needleword thread, needlework yarn and needlework silk for needlework kits (not being kits for the needleworking of articles of clothing). AVON 24 Cloths for needleworking (not being for articles of clothing). AVON 25 Casual clothing, sleepwear, underwear, scarves, socks, and babywear; and all other goods in class 25 but excluding footwear. AVON 25 Hosiery, lingerie and underwear. AVON 25 Clothing including boots, shoes and slippers. AVON 25 Belts. AVON 26 Buttons, press buttons, hooks, fasteners, needles, hoops, frames, bodkins and other instruments for use in needlework, laces and ribbons (except for clothing) all being goods included in this class. AVON 26 Ear-ring, neck and bracelet wear (not being goods of precious or semi-precious material). AVON 28 Children's toys and games. AVON 29 All goods included in this class. AVON 30 All goods included in this class. AVON – arabesques 3 Cologne, talcum powder, body powder, sachets, perfumes, around octagon, extended- toilet waters, lotions, bath salts and oils. sides Effective Date: 23 May 2003 File No: C03/06170 BMG Australia Limited Spruson & Ferguson Ph: (02) 9207 0777 Trade Marks Class Goods 5 FIVE – oblique stripe 9 Sound storage media, image storage media and data storage through 4 stripes in part of media, all being pre-recorded; sound storage media, image segmented num storage media and data storage media, all for interactive use; exposed films, especially feature films. 5 FIVE – oblique stripe 16 Printed matter, newsletters, books, brochures, posters, through 4 stripes in part of decalcomanias, bumper stickers; musical notes and scores. segmented num 5 FIVE – oblique stripe 25 Clothing, including T-shirts, sweatshirts, jackets, hats and through 4 stripes in part of baseball caps. segmented num ARIOLA 9 Sound storage media, image storage media and data storage media, including media of the foregoing kinds that is pre- recorded and/or for interactive use; computer apparatus; computer software; computer programs; CD-ROM and CD- Interactive apparatus and instruments; parts and fittings for the aforesaid goods. ARIOLA – globe, 9 Sound storage media, image storage media and data storage meridians in rhombus media, including media of the foregoing kinds that is pre- stacked on striped recorded and/or for interactive use; computer apparatus; rhombus computer software; computer programs; CD-ROM and CD- Interactive apparatus and instruments; parts and fittings for the aforesaid goods. ARIOLA – globe, 9 Apparatus for recording, transmission or reproduction of meridians on rhombus sound or images, including image-, image sound- and sound with shadow, striped carriers. ARISTA 9 Phonograph records and prerecorded tapes. BMG – triangle, inverted, 9 Apparatus for recording, transmission or reproduction of striped sound and/or images including image-, image sound- and sound carriers. BMG – triangle, inverted, 16 Printed matter, including musical notes and scores; and all striped other goods in this class. BMG – inverted triangle 9 Sound storage media, image storage media and data storage atop ltr M; stripe media, including such goods having been prerecorded, and/or underlines ltrs those for interactive use; exposed films, including feature films. BMG – inverted triangle 16 Printed matter, including newsletters, books, brochures, atop ltr M; stripe posters, decals, bumper stickers; musical notes and scores. underlines ltrs BMG – inverted triangle 25 Clothing, including T-shirts, sweat shirts, jackets, hats, and atop ltr M; stripe baseball caps. underlines ltrs BMG 9 Sound storage media, image storage media and data storage ENTERTAINMENT – media, including such goods having been prerecorded, and/or triangle, inverted striped those for interactive use; exposed films, including feature behind words; smaller films. inverted triangle atop ltr M BMG 16 Printed matter, including newsletters, books, brochures, ENTERTAINMENT – posters, decals, bumper stickers; musical notes and scores. triangle, inverted striped behind words; smaller inverted triangle atop ltr M BMG 25 Clothing, including T-shirts, sweat shirts, jackets, hats, and ENTERTAINMENT – baseball caps. triangle, inverted striped behind words; smaller inverted triangle atop ltr M BLUEBIRD 9 Sound and video records in this class in the nature of discs and tapes. CAMDEN 9 Gramophone records, cassette tapes and stereo-8 cartridge tapes. CATALYST 9 Prerecorded sound media, prerecorded video disks and video tapes; all the foregoing being for entertainment purposes and none of the foregoing to be used for, or in relation to education and/or training activities. CLASSICAL 9 Pre-recorded sound media, pre-recorded video media, none of NAVIGATOR the foregoing being for use as navigational aids. DC 9 Sound storage media, image storage media, data storage DECONSTRUCTION – media and any other information storage media, all being pre- ellipse interlocked with recorded, none of the aforesaid goods having as a subject letters matter the philosophy of deconstruction. DC 16 Printed matter; posters, decalcomania, bumper stickers, none DECONSTRUCTION – of the aforesaid goods having as a subject matter the ellipse interlocked with philosophy of deconstruction. letters DC 25 Clothing, including T-shirts; base ball caps. DECONSTRUCTION – ellipse interlocked with letters G GROOVETOWN 9 Pre-recorded sound storage media, pre-recorded image storage media. GOLD SEAL 9 Sound records in the nature of discs and tapes and all other goods included in this class, but excluding any goods included in this class or components thereof which are made of gold.