In recent times we have reported the ongoing skirmish between Toyota Motor Corporation Australia Limited (“Toyota”) and Qantas Airways Limited (“Jetstar”) over a number of Toyota “jump” trademark applications in Australia. Jetstar have now filed their own “jump” trademarks – which have been opposed by Toyota. Our previous blog posts may be found here, here and here.
To date, Toyota have filed thirty “jump” trademarks and a number of these (generally the ones resembling a “star jump“) have been opposed Jetstar.
In a new development, Jetstar have filed their own “jump” trademarks (reproduced below) which have been accepted for registration. Toyota have already opposed the registration of two of these trademarks, namely 1514517 and 1517023.
Trademark application numbers 1514513 and 1517025 are yet to be opposed but the deadline for filing an opposition is 21 June 2013 and we expect a Notice of Opposition to be published on ATMOSS shortly.
[Edit] 3 July 2013: Interestingly, trademark application numbers 1514513 and 1517025 are were not opposed.
| Qantas Trademark | Type of Mark | Opposition Deadline | Status as at 27 June 2013 |
| 1514513 |
Movement Mark | 21 June 2013 | Accepted |
| 1514517 |
Device | 24 April 2013 | Opposed by TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED |
| 1517023 |
Device | 24 April 2013 | Opposed by TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED |
| 1517025 |
Movement Mark | 21 June 2013 | Accepted |
Toyota Trademarks
A review of the Australian trademark office database indicates that none of the opposed marks (either filed by Toyota or by Qantas) have had evidence in support of the opposition filed as yet. A number of the oppositions to the Toyota trademarks have been suspended for negotiations. So we may see an amicable agreement between the two parties – perhaps limiting Toyota to any jump other than a “star jump”.
| Toyota Trademark | Type of Mark | Opposition Deadline | Status at 27 June 2013 |
| 1472375 |
Device | 31 Aug 2012 | Opposed by Qantas – Suspension for Negotiations |
| 1472463 |
Movement mark | 5 Oct 2012 | Opposed by Qantas – Suspension for Negotiations |
| 1488956 |
Device | 16 Nov 2012 | Registered |
| 1488957 |
Device | 16 Nov 2012 | Registered |
| 1488958 |
Device | 16 Nov 2012 | Registered |
| 1488960 |
Device | 16 Nov 2012 | Opposed by Qantas – Suspension for Negotiations |
| 1488963 |
Device | 16 Nov 2012 | Opposed by Qantas – Suspension for Negotiations |
| 1488965 |
Device | 16 Nov 2012 | Opposed by Qantas – Suspension for Negotiations |
| 1488966 |
Device | 16 Nov 2012 | Opposed by Qantas – Suspension for Negotiations |
| 1488967 |
Device | 16 Nov 2012 | Registered |
| 1488968 |
Device | 16 Nov 2012 | Opposed by Qantas – Suspension for Negotiations |
| 1488971 |
Device | 16 Nov 2012 | Registered |
| 1488973 |
Device | 16 Nov 2012 | Registered |
| 1488975 |
Device | 16 Nov 2012 | Opposed by Qantas – Suspension for Negotiations |
| 1488976 |
Device | 16 Nov 2012 | Registered |
| 1488978 |
Device | 16 Nov 2012 | Registered |
| 1488983 |
Device | 16 Nov 2012 | Registered |
| 1488984 |
Device | 16 Nov 2012 | Registered |
| 1488985 |
Device | 16 Nov 2012 | Registered |
| 1500004 |
Movement mark | 4 Jan 2013 | Registered |
| 1500006 |
Movement mark | 4 Jan 2013 | Opposed by Qantas – Suspension for Negotiations |
| 1500008 |
Movement mark | 4 Jan 2013 | Opposed by Qantas – Suspension for Negotiations |
| 1500010 |
Movement mark | 4 Jan 2013 | Opposed by Qantas – Suspension for Negotiations |
| 1500012 |
Movement mark | 4 Jan 2013 | Registered |
| 1500013 |
Movement mark | 4 Jan 2013 | Registered |
| 1500014 |
Movement mark | 4 Jan 2013 | Opposed by Qantas – Suspension for Negotiations |
| 1500015 |
Movement mark | 4 Jan 2013 | Registered |
| 1500016 |
Movement mark | 4 Jan 2013 | Registered |
| 1500017 |
Movement mark | 4 Jan 2013 | Registered |
| 1500018 |
Movement mark | 4 Jan 2013 | Registered |