An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 7 September 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 |
| 976467
VILLAS |
Provent Holdings Ltd. | ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LT on 24 August 2012 has been allowed. |
| 1008303 |
Think Appliances Pty Ltd. | PIVOTEL GROUP PTY LIMITED on 5 September 2012 has been allowed. |
| 1008304
THINK |
Think Appliances Pty Ltd. | PIVOTEL GROUP PTY LIMITED on 5 September 2012 has been allowed. |
| 1066260
Express Fitness Centres |
Body Bronze International Pty Ltd. | EXPRESS FITNESS 247 PTY LTD on 23 August has been allowed |
| 1078436
QUADRANT |
Kona Business Consulting Group Pty Ltd. | FIFTH QUADRANT PTY LTD on 10 September 2012 has been allowed. |
| 1080265
Domain Cellars |
Domain Cellars Pty Ltd. | DOMAINE WINE SHIPPERS PTY LTD on 29 August 2012 has been allowed. |
| 1093603 |
Nilson, Karina and Carla Cardoso Costa e Silva. | AUTO SKILLS AUSTRALIA LTD on 13 August 2012 has been allowed. |
| 1102781 |
Perrins and Associates Pty Ltd. | CAFE2U INTERNATIONAL PTY LIMITED on 3 September 2012 has been allowed. |
| 1185841
FIDO |
COMMERCIAL MEDIA NETWORK PTY LTD. | ARTFIDO PTY LTD on 4 September 2012 has been allowed. |
| 1221706
(IR 948731) TEAMORIGIN |
TeamOrigin LLP. | ORIGIN ENERGY LIMITED on 5 September 2012 has been allowed. |
| 1221707
(IR 948732) |
TeamOrigin LLP. | ORIGIN ENERGY LIMITED on 5 September 2012 has been allowed. |
| 1224152
(IR 950286) |
CONG TY TRACH NHIEM HUU HAN SENA VIET NAM. | PHOENIX INDUSTRIES PTY LTD on 14 August 2012 has been allowed. |
| 1229223
(IR 953277) |
THINK GLOBAL AS. AS. | PIVOTEL GROUP PTY LIMITED on 5 September 2012 has been allowed |
| 1235485
(IR 915610) LUVISTA |
Actavis Group PTC ehf. | NOVARTIS AG on 27 August 2012 has been allowed. |
| 1331969
(IR 1017563) |
DBC, LLC. | BAYER CONSUMER CARE AG on 9 August 2012 has been allowed. |
| 1343532
(IR 1026336) |
DBC, LLC. | BAYER CONSUMER CARE AG on 9 August 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 |
| 554860 |
Major League Baseball Properties Inc. | AUSTRALIAN FOOTBALL LEAGUE |
| 555016
|
Major League Baseball Properties Inc. | AUSTRALIAN FOOTBALL LEAGUE |
| 555018
|
Major League Baseball Properties Inc. | AUSTRALIAN FOOTBALL LEAGUE |
| 555020
|
Major League Baseball Properties Inc. | AUSTRALIAN FOOTBALL LEAGUE |
| 555021
|
Major League Baseball Properties Inc. | AUSTRALIAN FOOTBALL LEAGUE |
| 717382 |
Jachmich, Ursula. | INTELLECTUAL PLUS PTY LTD |
| 795572 |
Oriental Pacific (NZ) Limited. | MITSUBISHI RAYON KABUSHIKI KAISHA (ALSO TRADING AS MITSUBI |
| 959367
BLUEWAVE |
Davryn Pty. Ltd. | IPC SYSTEMS, INC. |
| 1014976 |
Scaffrite Access Pty Ltd. | SCAFFRITE INDUSTRIAL PTY LTD |
| 1027085 |
Major League Baseball Properties, Inc. | AUSTRALIAN FOOTBALL LEAGUE |
| 1090744
PITBULL |
Mumbo Jumbo Beverage Company Pty Ltd. | RED BULL GMBH |
Non-Use Applications Withdrawn (trademark remains on register)
| Trademark | Owner | Applicant |
| 201799 |
Roc International. | BRABUS PA IP PTY LTD |
| 384917
WALKABOUT |
Sleepmaster Pty Ltd. | WALKABOUT BEDS PTY LTD |
| 433972
AIRLINK |
Australian Airlines Ltd. | MICHAEL FINDER |
| 805263 |
Prosser, Geoffrey Daniel. | DARREN PEARSON |
| 995532
BENCHMARK BY THERMA TRU |
Therma-Tru Corp. an Ohio Corporation. | KINGSPAN HOLDINGS (IRL) LIMITED |
| 995783 |
Therma-Tru Corp. an Ohio Corporation. | KINGSPAN HOLDINGS (IRL) LIMITED |
| 1107822
PARKSENSE |
Automotive Burg Design Australia Pty Ltd. | CHRYSLER GROUP LLC |
Oppositions Lodged (to Non-Use Application)
(The name in parentheses is that of the opponent)
| Trademark | Applicant | Opponent |
| 513631 |
Heritage Fine Chocolates (Aust.) Pty Ltd. | ALDI FOODS PTY LTD |
| 811176
GARAGE CLOTHING CO. |
The Warehouse Limited. | Garage International Lux SARL |
| 960589
HAIR ARMOUR |
Iemma, Salvatore. | UNILEVER PLC |
| 1021698 |
S.M.E. Commercial Finance Pty Ltd. | SELLERS MULDOON BENTON PTY LTD |
| 1185681
(IR 925446) MINT |
Mint Partners Limited. | AS STRATA SERVICES PTY LTD |