Michael Hiscock, Robert Hayes and Jason Marler v Lee Wood , Larry Leach and Craig Rodger

[1999] ATMO 98

TRADE MARKS ACT 1995

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH

REASONS

Re:Opposition by MICHAEL HISCOCK, ROBERT HAYES and JASON MARLER to the registration of trade mark application number 741837 in classes 9, 16, 25 and 41, in the name of LEE WOOD, LARRY LEACH, and CRAIG RODGER for the trade mark MYRIAD.

Background

On 16 August 1999, I issued an interim decision, allowing the applicants one month to delete classes 9 and 41 from application 741837.  If the applicants did not apply to delete these classes, I stated I would refuse to accept the application.

Decision

The applicants have not applied to delete class 9 and 41 from the application form.  Therefore I refuse to accept application 741837, subject to any appeal from my decision.

Coral Henry

A/Senior Examiner

24 September 1999