An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 1 November 2012.
If you wish to start any non-use proceeding against trade marks of others, or if your own trademarks have had non-use proceedings brought against them by third parties, please contact us.
Non-Use Applications Allowed
| Trademark | Owner | Applicant |
| 160439 -TRISTRAMS |
Asahi Group Holdings, Ltd. | Tristram Family Pty Ltd on 22 June 2012 has been allowed. |
| 611004 -CARELINK |
Silver Chain Nursing Association, Inc. | Icon Global Solutions Pty Ltd on 29 June 2012 has been allowed. |
| 611005 -CARELINK |
Silver Chain Nursing Association, Inc. | Icon Global Solutions Pty Ltd on 29 June 2012 has been allowed. |
| 666663 -VENOM |
Windsor Smith Pty Ltd. | Dragon Bleu (Sarl) on 20 June 2012 has been allowed. |
| 727695- SANCHA |
Oakton Limited. | Sencha Inc. on12 June 2012 has been allowed. |
| 848143 -VENOM |
Windsor Smith Pty Ltd. | Dragon Bleu (Sarl) on 20 June 2012 has been allowed. |
| 923845 -FLETCHERS CHEF IN A BAG |
Fletcher, Steven John | M & B Costanzo Pty Ltd on 27 June 2012 has been allowed. |
| 935033 -AUSTRALIAN WONDERS |
I.G.T. (Australia) Pty Limited. | Ainsworth Game Technology Limited on 25 June 2012 has been allowed. |
| 944272 -THE GADGET SHOP |
O’Dell, Graham and O’Dell, Marisa Kristine. | Wh Smith Retail Holdings Limited on 2 July2012 has been allowed. |
| 953042 -DAS |
Telemac Corporation. | Volkswagen Aktiengesellshaft on 21 June 2012 has been allowed. |
| 958877 -INTUITIVE |
Miller, Deborah Ann | Jackel International Limited on 21 June 2012 has been allowed. |
| 969938 -HUNTER BELLE CHEESE |
Chesworth, Tania and Chesworth, Geoffrey. | Smoo Pty Limited on 2 July 2012 has been allowed. |
| 972503 -FRISKY |
Palinda Wines Pty Ltd. | Mak Vineyards Pty Ltd on 19 June 2012 has been allowed. |
| 988200 -ANNE’S LOFT |
WWRD IPCo Llc. | Annco, Inc. on 25 June 2012 has been allowed. |
| 994131 -EVERBRIGHT |
Jolly International Pty Ltd. | Hangzhou Great Star Industrial Co., Ltd on 22 June 2012 has been allowed. |
| 1006298 -PRECISION DATA SYSTEMS |
Precision Data Systems Pty Ltd. | Bradnam’s Windows & Doors Pty Ltd on 21 June 2012 has been allowed. |
| 1011038 -LS LANCASTER SPORTSWEAR |
Lancaster, James. | Tchen Kil Tchun on 27 June 2012 has been allowed. |
| 1024256 -PRECISION OPTICS |
Olympus Imaging Australia Pty Ltd. | Bradnam’s Windows & Doors Pty Ltd on 21 June 2012 has been allowed. |
| 1042316 -PRECISION AUDIO |
Olympus Imaging Australia Pty Ltd. | Bradnam’s Windows & Doors PTY LTD on 21 June 2012 has been allowed. |
| 1120170 -LUCKY COIN |
Novomatic AG. | IGT (Australia) Pty Ltd on 20 June 2012 has been allowed. |
| 1127629 -MK MALISHUS KONCEPT CLOTHING |
Lamont, Darren Paul | Robert Jurcic on 21 June 2012 has been allowed. |
| 1133322 -ACTUITY |
Affinity Capital Group Pty Ltd. | Ranjit Thambyrajah on 28 June 2012 has been allowed. |
| 1135082 -ACTUITYPROPERTYFUND |
Affinity Capital Group Pty Ltd. | Ranjit Thambyrajah on 28 June 2012 has been allowed. |
| 1136224 -ACTUITYFINANCE |
Affinity Capital Group Pty Ltd. | Ranjit Thambyrajah on 28 June 2012 has been allowed. |
| 1136228 -ACTUITYREALESTATE |
Affinity Capital Group Pty Ltd. | Ranjit Thambyrajah on 28 June 2012 has been allowed. |
| 1136232 -ACTUITYHOMES |
Affinity Capital Group Pty Ltd. | Ranjit Thambyrajah on 28 June 2012 has been allowed |
| 1139186 -CASADEI |
Stitches Australia Pty Limited. | Ranx 62 Di Cesare Casadei on 3 July 2012 has been allowed. |
| 1141635-FLIXS | Oli Verlag Establishment. | Elan Media Partners Pty Ltd on 7 March 2012has been allowed. |
| 1155079-CENTURION |
Thielert AG. | Harnischfeger Technologies, INC. on 3 July 2012 has been allowed. |
| 1162459 -PRECISION |
OP Technology Pty Ltd. | Precision IP Pty Ltd on 22 June 2012 has been allowed. |
| 1227986-111 PIX |
111Pix.com Limited. | Foxtel Management Pty Ltd on 25 June 2012 has been allowed. |
Non-Use Applications Lodged
A non-use application has been lodged against the following trademarks. A person may, within three (3) months give Notice of Opposition to the non-use applications.
| Trademark | Owner | Applicant |
| 953030 -FLIGHTGUARD |
BioCare Limited. | Steve A. Shubin. |
| 1003882 -WZ |
The Warehouse Limited. | Woolworths Limited |
| 1043872 -ILOVE FASHION |
Modern Media Concepts Pty Ltd. | Fashiontv.Com Gmbh. |
| 1059875 -M FOR MEN |
Renda Home Pty Ltd. | Associated Retailers Ltd. |
| 1059876 -M FOR MEN |
Renda Home Pty Ltd. | Associated Retailers Ltd. |
| 1073602 -KOOYONG |
Windsor Smith Pty Ltd. | Kooyong Lawn Tennis Club Inc. |
| 1076423 -JAWBONE |
O’Donoghue, Stuart. | Aliphcom. |
| 1179457 -MY BRILLIANCE |
My Brilliance Pty Ltd. | Brilliance Audio, Inc. |
| 1179855 -BRILLIANCE |
My Brilliance Pty Ltd. | Brilliance Audio, Inc. |
| 1179864 -MY BRILLIANCE |
My Brilliance Pty Ltd. | Brilliance Audio, Inc. |
| 1179914 -PANJO |
Panzarino, Anthony and Panzarino, Joanne. | University Of Western Sydney. |
| 1179936 -BRILLIANE |
My Brilliance Pty Ltd. | Brilliance Audio, Inc. |
| 1180326 -ADORE |
Arcor S.A.I.C. | The Coffee Galleria Pty Ltd. |
| 1188378 -MELT GOUMET PIZZA |
Melt Pizza Pty Ltd. | Fish Six Restaurant Corporation. |
| 1299014 -LIONGATE INVESTMENT MANAGEMENT |
Everest Capital Limited. | Matthew Mcbride. |
| 1366037 -DR. GROW IT ALL THE ORGANIC SOLUTION |
Lovegrove, Vicki. | Dr. Grow It All Sales Pty Ltd. |
Non-Use Applications Withdrawn (trademark remains on register)
| Trademark | Owner | Applicant |
| 354638 -CEAG |
Cooper Crouse-Hinds GmbH. | China Electric Equipment Group Corporation. |
| 601960 -DOMINATOR |
EB Pizza IP Holdings Pty Ltd. | Domino’s Pizza Enterprises. |
| 653760 -TP |
Em, Tang and Huynh, Chua. | Prime Quality Meats Pty Limited. |
| 741371 -CEAG |
Cooper Crouse-Hinds GmbH. | China Electric Equipment Group Corporation. |
| 831633 -DOMINATOR |
EB Pizza IP Holdings Pty Ltd. | Domino’s Pizza Enterprises. |
| 961953 -MY LIFE |
Strybosch, David. | Care Connect Ltd. |
| 976077 -AROME |
Mewah Brands (S) Pte. Ltd. | Sara Lee/ De N.V. |
| 1064442 -MY LIFE |
Strybosch, David. | Care Conduct Ltd. |
| 1128265 -SCHOOL |
M.T. Sullivan & Co. Pty Ltd. | State Of New South Wales Through The DEP. |
Applications Dismissed
| Trademark | Owner | Applicant |
| 1020483 -MESSAGEMATE |
Datis Technology Pty Ltd. | Vodafone Hutchison Australia Pty Limited On 5 October 2010. |
Non-Use Applications Lodged
A non-use application has been lodged against the following trademarks. A person may, within three (3) months give Notice of Opposition to the non-use applications.
| Trademark | Owner | Applicant |
| 650286 -SATIN |
Neon Group Pty Ltd. | Kao Kabushiki Kaisha. |
| 798391 -CHIPTORQUE PERFORMANCE |
Locasia Pty Ltd | Aldi Foods Pty Ltd |
| 858728 -EXCALIBUR |
Gerber, John Bruce Howard And Gerber, DavidEugene. | Weldtronic International Pty. Ltd. |
| 1064676 -ZOO |
Bauer Consumer Media Limited. | Zoological Parks And Gardens Board. |
| 1070995 -APTEKA THE ORDER OF NATURE |
Locasia Pty Ltd. | Aldi Foods Pty Ltd |
| 1127629 -MK MALISHUS KONCEPT CLOTHING |
Lamont, Darren Paul | Robert Jurcic & Clinton Selwyn |
| 1148088 -MOOLAH |
Ferguson, Timothy. | Anastasios Fokas |
| 1166166 -EXCALIBUR MULTI BUILDING BOARD CUTTER |
Gerber, John Bruce Howard And Gerber, David. | Weldtronic International Pty. Ltd. |
| 1313378 -DE LAMO BEAUTE |
Hong, Won Ki. | Jm World Au Pty Ltd. |