PAREXGROUP PTY LTD V MAPEI S.P.A.  ATMO 3
Mapei applied to extend the protection of its International Registration for ULTRAFLEX to Australia covering a range of industrial chemicals in Class 1. The extension of protection was opposed by ParexGroup.
Through its evidence, the opponent was able to demonstrate that it had used the ULTRAFLEX trade mark in Australia since 1995 (well before the priority date of the application).
The applicant did not partake in the Hearing, or provide any evidence or submissions.
Accordingly, the Hearing Officer found that the opponent succeeded under sections 58 and 60. The Australian designation is to be refused protection.
To view the Office decision, click here.