An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 6 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 |
| 157875 -SUNSHINE |
P & M Quality Smallgoods Pty Ltd. | Jose Pereira & Maria Pereira on 25 July 2012 has been allowed. |
| 471361- ECCO |
Adecco Holding France. | SekisuiHouse Australia Pty Limited on 3 August 2012 has been allowed. |
| 617983 |
Kabushiki Kaisha Moonstar (also trading as MoonstarCompany). | Converse Inc. on 7 October 2010 has been allowed. |
| 728849 |
Oakton Limited. | Sencha Inc. on20 July 2012 has been allowed. |
| 729639 |
Global Designer Brands Pty Limited. | Christos Acquisition, LLC on 25 July 2012 has been allowed. |
| 742154 |
Sutherland, Jamie Andrew. | Carl Zeiss Vision GMBH on 1 August 2012 has been allowed. |
| 811176- GARAGE CLOTHING CO. |
The Warehouse Limited. | Garage International Lux Sarl on 5 July 2012 has been allowed. |
| 884601- REACTOR |
Century Yuasa Batteries Pty Ltd. | The Reactor Pty Ltd on 1 August 2012 has been allowed. |
| 990050 |
Ahn, Sang-Wuk and Ahn, Moon-Hwi. | Nipro Corporation on 8 August 2012 has been allowed. |
| 1000280- CHATTERSOFT |
Jayaratne, Neville. | Salesforce.Com, Inc on 27 July 2012 has been allowed. |
| 1009126 |
Southern Star Marine Products Pty Ltd. | KMART Australia Limited on 25 July 2012 has been allowed. |
| 1148160- LITTLE JAKES |
Corbett, Robyn. | Peek & Cloppenburg KG on 6 July 2012 has been allowed. |
| 1170205 |
Diamond Jade PTY LTD. | Grill’d Ip Pty Ltd on 1 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 |
| 245201- KIP |
Katsuragawa Denki K.K. and Katsuragawa Electric Co.Ltd. | Heinrich Kipp Werk Kg. |
| 612005- BOMB |
Westco Jeans Pty Ltd. | Fusion Retail Brands Pty Ltd. |
| 882086- SHOW PONY |
Davenport, Katie. | Jane Lu -Show Pony. |
| 949072- STAYTITE |
Slumbercorp Pty Ltd. | Madad Pty Ltd. |
| 1020567- OLD SCHOOL |
Hamilton, John William. | Penelope Thomas |
| 1104000- TERRAMAR |
Taplin, Craig. | Lamour Global Inc. |
| 1206097 |
Horan, Cheyne. | Fish Pier Melbourne Pty Ltd, The Trustee. |
| 1216321 |
Restoration Industry Association, Inc. | Specialised Cleaning & Restoration Indus. |
| 1229267-RIA | Restoration Industry Association, Inc. | Specialised Cleaning & Restoration Indus. |
| 1410410 |
RAMT d.o.o. | Gulf & Partners Llc. |
Non-Use Applications Withdrawn (trademark remains on register)
| Trademark | Owner | Applicant |
| 702675 |
Anthony Innovations Pty Ltd. | ANTHONY, INC. has been withdrawn. |
| 1066869 -SPEED ENERGY DRINK |
Speed Energy Drink LLC. | SPEEDENERGY DRINK LLC has been withdrawn. |
Oppositions Lodged (to Non-Use Application)
(The name in parentheses is that of the opponent)
| Trademark | Owner | Applicant |
| 1074542 |
Hacker, Norman. | The Pinyon Group, LLC |
| 1081031 -BILL RESCUE |
Rescue Holdings Pty Ltd. | Debt Rescue Pty Ltd. |
| 1093370- NEW GIRL |
Williams, Allan John. | Twentieth Century Fox FilmCorporation |
| 1140058 -ORIGINS |
Southcorp Brands Pty Limited. | Winery Exchange Inc. |
| 1159650 |
Jakes Kids Limited. | Peek & Cloppenburg Kg |
| 1192498- PIT BULL ENERGY DRINK |
Hip Hop Beverage Corporation a Nevada corporation. | Red Bull GmbH. |
| 1234397- STERIPURE |
RDA Dental Supplies Pty Limited. | Steripure Pty Ltd. |