An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 20 December 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 |
| 589652 |
Grand Bell Trading Sdn Bhd. | Global Safety Labs, Inc. on 10 August 2012 has been allowed. |
| 919804 -WAGTAIL WINES |
Mathews, William Duncan Burlton. | Vinsat Pty Ltd on 16 August 2012 has been allowed. |
| 966838 |
Safer Australia Pty Ltd. | The Scout Association Of Australia on 13 August 2012 has been allowed. |
| 1019809 |
Mathews, William Duncan Burlton. | Vinsat Pty Ltd on 16 August 2012 has been allowed. |
| 1033308 -BIANCO. |
Bianco Footwear A/S. | Bianco Footwear Pty Ltd on 17 August 2012 has been allowed. |
| 1041358 |
Ginganet Corporation. | Cetatek Holdings, Inc. on 10 August 2012 has been allowed. |
| 1119255 -OPERA ROCK |
VERSATTI INDUSTRIA E COMERCIO DECONFECCOES LTDA. | Adolf Riedl GMBH & CO. KG on 10 August 2012 has been allowed. |
| 1145060 |
WORLD MEGASTAR PTY LTD. | DCS Lawyers on 15 August 2012 has been allowed. |
| 1167295 |
Inu, Lene and Rowe, Terence Adam. | NUYU Total Health Pty Ltd on 16 August 2012 has been allowed. |
| 1169919- PROFIXX |
Ajax Cooke Pty Ltd. | Plytech International Limited on 22 August 2012 has been allowed. |
| 1176132 |
MKT Services Pty Ltd. | Desired Landscapes Pty Ltd on 10 August 2012 has been allowed. |
| 1194328 -INOVACT CONSULTING |
Concept Consulting Pty Ltd. | Inovact Consulting Pty Ltd on 21 August 2012 has been allowed. |
| 1247386 – |
Jones, Bohan. | Suit Up Limited on 10 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 |
| 246085 -NY KON |
SABIC Innovative Plastics IP B.V. | Nikon Corporation. |
| 263745 |
BP p.l.c. | Brain Pharma, Llc. |
| 434073 -FERTISAL |
Aglukon Spezialdunger GmbH. | Liquid Fertiliser Pty Ltd. |
| 744539 |
Hutton, Alexander. | Acava Limited. |
| 815436 |
Ink Clothing Company Pty Ltd. | The Net-A-Porter Group Limited. |
| 815437 |
Ink Clothing Company Pty Ltd. | The Net-A-Porter Group Limited. |
| 841727 -I AM |
Cerebral Palsy Alliance. | William Adams. |
| 969396 -XSITECARD |
Kreyzig, Warren. | Kabushiki Kaisha Toshiba Also T/As Toshiba Corporation. |
| 1079824 |
Widjaja, Ricky. | Tung Ling Industrial Co., Ltd. |
| 1120526 |
Sunpower, Inc. | Davryn Pty Ltd. |
| 1187831 |
ASIA – PACIFIC GROUP (AUST) PTY LTD. | Apt Management Services Pty Limited. |
| 1202035 |
Fusion Retail Brands Pty Ltd. | Electrical Home-Aids Pty Ltd. |
| 1347025 -GREENMASTER |
Suzhou Cleva Electric Appliance Co., Ltd. | The Toro Company. |
Non-Use Applications Withdrawn (trademark remains on register)
| Trademark | Owner | Applicant |
| 242631 -KANDY |
Associated Products & Distribution Pty Ltd. | Steambrook Pty Ltd has been withdrawn. |
| 1112295 |
Railton, Lawrence Aaron and Railton, Lawrence | Adam Derek Scott has been withdrawn. |
| 1150570 -DECADENCE |
Mumbo Jumbo Beverage Company Pty Ltd. | Vinpac International Pty Ltd has been withdrawn. |
Oppositions Lodged (to Non-Use Application)
(The name in parentheses is that of the opponent)
| Trademark | Owner | Applicant |
| 433972 -AIRLINK |
Australian Airlines Ltd. | Michael Finder. |
| 1009288 -AKUMA |
Porlaje, Dennis. | Akuma Sports Ltd. |
| 1065080 -TECHNIBOND |
W.W Industrial Pty Ltd. | Chemical Technology Pty Ltd. |
| 1069500 -BOMBSHELLS |
Bombshells Australia Pty Ltd. | Fusion RetailBrands Pty Ltd. |
| 1108187 |
Steen, John E and Steen, Mary C. | ChemicalTechnology Pty Ltd. |
| 1130734 -VETZPLUS |
Rudducks Pty Ltd. | Tangerine Holdings Ltd. |
| 1148066 -MOBI |
fpinnovation pty ltd. | Stargate Technologies Pty Ltd. |
| 1148101 -.MOBI |
fpinnovation pty ltd. | Stargate Technologies Pty Ltd. |