AUSTRALIAN CUSTOMS NOTICE NO. 2004/16 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. 1 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 on 1300 363 263 or the Intellectual Property Rights Group on (02) 6275 6577. Inquiries concerning this notice may be directed to Customs Supervisor – Intellectual Property on telephone number (02) 6275 6577 or fax number (02) 6275 5828. Philomena Carnell National Manager Cargo Branch CANBERRA ACT July 2004 2 3 SCHEDULE TO ACN NO. 2004/16 TRADE MARK NOTICES OF OBJECTION 88 Footwear, LLC Halford & Co. Ph: (02) 9264 8388 Effective Date: 24 March 2004 File No: C04/02956 Trade Marks Class Goods 88 – 4 rings, interlocking 18 Wallets, backpacks, and all purpose sports and athletic bags. form num 88 88 – 4 rings, interlocking 25 Clothing, headwear and footwear, namely, shirts, T-shirts, form num 88 sweatshirts, pants, sweatpants, shorts, jackets, hats, caps, socks, belts, shoes. 88 – num 88 interlocking 18 Wallets, backpacks, and all purpose sports and athletic bags. with wings, outstretched 88 – num 88 interlocking 25 Clothing, headwear and footwear, namely, shirts, T-shirts, with wings, outstretched sweatshirts, pants, sweatpants, shorts, jackets, hats, caps, socks, belts, shoes. Australian Rugby Union Limited Trade Mark Invesigation Services Ph: (07) 3257 1083 Effective Date: 23 October 2003 File No: C03/14137 Trade Marks Class Goods ARU 25 Clothing including boots, shoes and slippers; football boots; tracksuits; football shorts, jumpers and socks. Aru ARU 28 Footballs; gymnastic and sporting articles included in this class. AUSTRALIAN RUGBY – 9 Scientific, nautical, surveying, electric, photographic, kangaroo, grot. holds cinematographic, optical, weighing, measuring, signalling, checking football, all within football (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus, custom fabricated mouthguards; phonecards; credit cards, debit cards and stored value cards; magnets; visual display units; apparatus for the transmission, recording and reproduction of sound, images and data; electronic data carriers. AUSTRALIAN RUGBY – 14 Precious metals and their alloys and goods in precious metals or kangaroo, grot. holds coated therewith, not included in other classes; jewellery, precious football, all within football stones; horological and chronometric instruments, cuff links; tie pins; tie clips; tankards of metal; badges of metal; pins; watches and clocks; items of jewellery; cases included in this class; key rings. 4 AUSTRALIAN RUGBY – 16 Paper, cardboard and goods made from these materials, not kangaroo, grot. holds included in other classes; printed matter; bookbinding material; football, all within football photographs; stationery; adhesives for stationery or household purposes; artists materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks, paper and cardboard and goods and articles made from these materials not included in other classes; printed matter; photographs; stationery; plastic materials for packaging; flags in this class; decalcomanias; playing cards; sacks and bags for wrapping and packaging; stickers; books, almanacs, journals, magazines, manuals and programmes included in this class; coasters; pens; trading cards. AUSTRALIAN RUGBY – 18 Leather and imitation of leather, and goods made of these kangaroo, grot. holds materials and not included in other classes; animal skins, hides; football, all within football trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery, bags in this class including sports bags and travelling bags; rucksacks; backpacks; satchels; briefcases; key cases; bumbags; wallets. AUSTRALIAN RUGBY – 20 Furniture, mirrors, picture frames; goods (not included in other kangaroo, grot. holds classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, football, all within football whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. AUSTRALIAN RUGBY – 21 Household or kitchen utensils and containers (not of precious metal kangaroo, grot. holds or coated therewith); combs and sponges; brushes (except paint football, all within football brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes, pewter mugs; tankards not of precious metal; thermally insulated containers; beer mugs; bottle openers; crockery; cups; drinking vessels; ice buckets; jugs; plates; glassware; teaspoons; sports drinking bottles. AUSTRALIAN RUGBY – 24 Textiles and textile goods, not included in other classes; bed and kangaroo, grot. holds table covers, towels included in this class; flags (not of paper); football, all within football banners; coasters in this class; textiles and textile goods; blankets; cloth labels; wall hangings; tea towels; napery. AUSTRALIAN RUGBY – 25 Clothing, footwear, articles of clothing including ties; T-shirts, shirts, kangaroo, grot. holds jackets and pants; waterproof jackets and pants; tracksuits; football football, all within football shorts, jumpers, jerseys and socks; caps and hats; gymnastic and other sporting articles included in this class; headbands; headgear; gloves; socks for sport and recreation; scarves; leather headwear. AUSTRALIAN RUGBY – 27 Carpets, rugs, mats and matting, linoleum and other materials for kangaroo, grot. holds covering existing floors; wall hangings (non-textile). football, all within football AUSTRALIAN RUGBY – 28 Games and playthings; gymnastic and sporting articles not kangaroo, grot. holds included in other classes; decorations for Christmas trees; football, all within football footballs; bladders for footballs; kicking tees; toys, soft toys; puppets; elbow and knee guards; golf balls, golf tees and markers. AUSTRALIAN