An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 27 September 2012.
If you wish to start any non-use proceeding against trade marks of others, or if your own trade marks have had non-use proceedings brought against them by third parties, please contact us.
Non-Use Applications Allowed
| Trademark | Owner | Applicant |
| 128407 -TERRA TIRE |
The Goodyear Tire & Rubber Company an OhioCorporation. | Toyo Tire & Rubber Co Ltd on 21 May 2012 has been allowed. |
| 648303 -POPPY |
Poppy Colour, Inc. a Delaware corporation. | Pacific Sunwear Of California, Inc on 21 May 2012 has been allowed. |
| 648304 -POPPY |
Poppy Colour, Inc. a Delaware corporation. | Pacific Sunwear Of California, Inc. on 21 May 2012has been allowed. |
| 657153 -POPPY |
Poppy Colour, Inc. a Delaware corporation. | Pacific Sunwear Of California, Inc. on 21 May 2012 has been allowed. |
| 657154 -POPPY |
Poppy Colour, Inc. a Delaware corporation. | Pacific Sunwear Of California, Inc. on 21 May 2012 has been allowed. |
| 780940 -SHERLOCK |
Apple Inc. | Conan Doyle Estate Limited Corporation on 9 May 2012 has been allowed. |
| 787743 – |
E.M.C. Forklift Parts Pty Ltd. | Emc Pacific Pty Ltd on 23 May 2012 has been allowed. |
| 796159 -REBALANCE |
Max Zeller Sohne Aktiengesellschaft. | Bausch & Lomb Incorporated on 29 May 2012 has been allowed. |
| 798391 -CHIPTORQUE PERFORMANCE |
Locasia Pty Ltd. | Aldi Foods Pty Ltd on 29 May 2012 has been allowed. |
| 814997 -LISTEN.COM |
Listen.com, Inc. a California corporation. | HTC Corporation on 24 May 2012 has been allowed. |
| 832113 -I AM IN |
Michael, Chris and Michael, Irene. | William Adams on 3 May 2012 has been allowed. |
| 899224 -MILLY |
Sky Chain Trading Limited. | Milly LLC on 22 May 2012 has been allowed |
| 958674 -THOROUGHGOOD |
C.J. Ventures Pty Ltd. | Weinbrenner Shoe Company, Inc. on 1 May 2012 has been allowed. |
| 977489 -MTA |
UK Investment Associates, LLC. | Alstom Power Systems Sa on 16 May 2012 has been allowed. |
| 985790 -MILLY |
Sky Chain Trading Limited. | Milly LLC on 22 May 2012 has been allowed. |
| 1045681 -SLURP |
Lyons, Rebecca. | Our Registry Pty Ltd on 17 May 2012 has been allowed. |
| 1103232 -ORIGIN FINANCE |
403 Pty Ltd ATF 403 trust. | Origin Energy Limited on 14 May 2012 has been allowed. |
| 1108695 -TAKE ME OUT |
Modern Media Concepts Pty Ltd. | Fremantlemedia Australia Pty Ltd on 2 May 2012 has been allowed. |
| 1140902 -EMONEY |
eMoney Australia Pty Ltd. | Emoney Pty Ltd on 7 May 2012 has been allowed. |
| 1153616 -YESPLEASE |
SAMAR BEVERAGE INDUSTRIES S.A. | Fernbrew Pty Ltd on 22 May 2012 has been allowed. |
| 1168447 -FOCUS |
Electronics Australia Group Pty Ltd. | Verto Medical Solutions, LLC on 2 May 2012 has been allowed. |
| 1172428 -GK SKINCARE |
AusDan Marketing Pty Ltd. | GK World Holding LLC on 30 April 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 |
| 466212 -PROPLAN |
Raynor, Gary James | Synthes Gmbh. |
| 1119840 -INSPIRING PEOPLE |
Solterbeck Pty Ltd. | Celebrity Speakers Australia Pty Ltd. |
| 1153585 -KAPPA | Basic Trademark S.A. | Karelia Tobacco Company Inc. |
| 1180717 -GOLD COAST BLAZE |
Gold Coast Basketball Pty Ltd. | Waterleaf Limited. |
| 1186085 -JI |
Bhakti Meditation Centre Limited. | The Procter & Gamble Company. |
| 1186087 -JI LIVING |
Bhakti Meditation Centre Limited. | The Procter & Gamble Company. |
| 1261736 -GOLD COAST BLAZE |
Gold Coast Basketball Pty Ltd. | Waterleaf Limited. |
Non-Use Applications Withdrawn (trademark remains on register)
| Trademark | Owner | Applicant |
| 672946 -SIGNATURE DESIGN |
Sleepmaster Pty Ltd. | Furniture Industries, Inc. |
| 979793 -BAMBINI |
Bigpoint Limited. | Sorbies Pty Ltd. |
| 989224 -BLACK YAK |
Black Yak Records Pty Ltd. | Black Yak Co., Ltd. |
| 1179337 -MW |
Magnetto Wheels S.P.A. | M And W Group |
| 1287548 -INDEPENDENT THINKING DISCIPLINED INVESTING E ELEVATION CAPITOL |
Elevation Capital Management Limited. | Elevation Capital Pty Limited. |
| 1288069 -E ELEVATION CAPITAL |
Elevation Capital Management Limited. | Elevation Capital Pty Limited. |
Oppositions Lodged (to Non-Use Application)
(The name in parentheses is that of the opponent)
| Trademark | Applicant | Opponent |
| 777912 -FREE RANGE |
Willow Confectionery (Aust.) Pty Ltd. | Cadbury Enterprises Pty Limited. |
| 858233 -HAWKER PACIFIC BLUE SEAL ENGINE |
Bilyara Blue Seal Engines Pty Ltd. | Hawker Beechcraft Corporation. |
| 858236 -GREEN SEAL HAWKER PACIFIC ENGINE |
Bilyara Blue Seal Engines Pty Ltd. | Hawker Beechcraft Corporation. |
| 887214 -HAWKER PACIFIC GOLD SEAL ENGINE |
Bilyara Blue Seal Engines Pty Ltd. | Hawker Beechcraft Corporation. |