Jetstar Return Fire in Toyota “Jump” Trademark Dispute

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