LawforAll

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Showing posts with label TRADE MARKS AND COPY RIGHTS ACT. Show all posts
Showing posts with label TRADE MARKS AND COPY RIGHTS ACT. Show all posts
Sunday, October 14, 2012

Section 52 opposition – s43, 58, 59, 60, and 62A grounds – s62Aestablished – registration refused. Costs awarded against applicant. - Section 55(1) of the Act provides: (1) Unless the proceedings are discontinued or dismissed, the Registrar must, at the end, decide: (a) to refuse to register the trade mark; or (b) to register the trade mark (with or without conditions or limitations) in respect of the goods and/or services then specified in the application; having regard to the extent (if any) to which any ground on which the application was opposed has been established.- Jewelscan Pty Ltd, the Opponent, has established a ground of opposition under the Act. As a result the Applicant is unsuccessful in its trade mark application and I refuse to register trade mark application 1321700.

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Jewelscan Pty Ltd v Phenix Jewellery Pty Ltd [2012] ATMO 85 (26 September 2012) Last Updated: 11 October 2012 TRADE MARKS ACT 1995 DEC...

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. Costs awarded against the Opponent. = The Applicant has “[s]ince around March 2007...been a rice importer and trader in Australia”. He says that he “created” the Trade Mark in around February 2008 and that in around May that year he “began using [it] in partnership with Liberty Impex [Pty Ltd]”, a company that he and a Mr Mohammed Moten had incorporated on 20 May 2008, “in connection with rice and the supply of rice in Australia”. He says he had a verbal agreement with Mr Moten at the time to license the company to use the Trade Mark and that, “It was always understood by [the company and Mr Moten] that I was the sole owner of the Trade Mark and that neither [the company nor Mr Moten] had any rights in [it] other than those under licence from me”. - Section 60 of the Act is reproduced below: Trade mark similar to trade mark that has acquired a reputation in Australia 60. The registration of a trade mark in respect of particular goods or services may be opposed on the ground that: (a) another trade mark had, before the priority date for the registration of the first-mentioned trade mark in respect of those goods or services, acquired a reputation in Australia; and (b) because of the reputation of that other trade mark, the use of the first-mentioned trade mark would be likely to deceive or cause confusion.

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DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS Re: Opposition by Taj Food Sales Pty Ltd to registration of trade ma...