Truline (Australia) Pty Ltd v Malcolm Walter Atwell

[1997] ATMO 66

TRADE MARKS ACT 1955

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS,
WITH REASONS

Re:      Opposition by MALCOLM WALTER ATWELL to the registration of trade
           mark application number 611542 in the name of TRULINE (AUSTRALIA)
           PTY. LTD.

As provided in the transitional provisions of Part 22 of the Trade Marks Act 1995, the provisions of the Trade Marks Act 1955 continue to govern this opposition.  Accordingly, unless otherwise specified, any reference to the Act in this decision is a reference to the Trade Marks Act 1955.

On 24th October 1997, I issued a decision in relation to the above opposition in which I allowed the trade mark applicant one month to amend the statement of goods of the application for it to qualify for registration under the provisions of sub-section 34(2) of the Act. 

The trade mark applicant has now consented to the proposed amendment.  Consequently, the trade mark may now be registered.

I dealt with the matter of costs in my previous decision.

Vija Zars
Hearing Officer
10th November 1997