IPAustralia
PATENTS TRADE MARKS DESIGNS
00
Discovery House, Phillip ACT 2606
PO Box 200, Wooden ACT 2606
Australia
Phone +61 2 6283 2999
Facsimile +61 2 6283 7999
00 internet http://www.ipaustralia.gov.au
ABN 38 113 072 755
24/01/2007
Dmitri Rytsk
xxxxx
NORTH CURL CURL
NSW 2099
00 NOTIFICATION OF NOTICE OF OPPOSITION
TRADE MARKS ACT 1995
Re: Trade Mark No. 1118972 in the name of
Dmitri Rytsk
16 Jocelyn Street
NORTH CURL CURL NSW 2099
AUSTRALIA
opposition by:
GOOGLE INC
opponent's address for services MIDDLETONS LAWYERS Level 25 South Tower 525 Collins Street MELBOURNE VIC 3000 Your Ref:
Date on which Notice of opposition was filed 11/01/2007
Date of advertisement 08/02/2007
The above opponent filed Notice of Opposition to the registration of the trade mark on the date stated above. The Notice of Opposition will be advertised in the Australian Official Journal of Trade Marks as shown above.
The opponent has been reminded that in accordance with the provisions of section 52(3) of the Trade Marks Act 1995 they must serve you with a copy of the Notice of opposition. If, after 1 month from the date of this notice, the opponent has not complied with section 52(3) and served you with the Notice of opposition, you should notify the Office. The Office will then set a time for service of the Notice of opposition to be effected.
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Trade mark No. 1118972 Page 2
Your attention is drawn to the provisions of 5.7 of the Trade Mark Regulations 1995 regarding the time frame in which the opponent must serve you with a copy of the evidence in support.
WHEN FILING EVIDENCE IN AN OPPOSITION PROCEEDING
ORIGINAL DECLARATIONS MUST BE FILED AT IP AUSTRALIA. (COPIES ARE NOT REQUIRED.) EXHIBITS AND OR ANNEXURES REFERRED TO IN THE DECLARATION(S) SHOULD BE CLEARLY IDENTIFIED BY WAY OF SOME KIND OF ALPHA/NUMERIC SYSTEM.
The covering letter should include details as to the type of evidence (evidence in answer) and whether it is part, balance or the complete evidence. The letter should include the name and date of the declarant(s) and the respective exhibits and annexures to the relevant declarant.
Evidence must be served on the address for service of the opponent. Details of service of evidence should include:
• address that the evidence was served on
• date that the evidence was served
• method of service eg hand delivered; Australia Post or electronic transmission. (If faxed include the fax number or if emailed include the email address.)
Consideration should be given to the size and weight and packaging of the evidence (including exhibits and/or annexures) as this may impact on storage capacity and safe handling. For example preparation and despatch of evidentiary material for an interstate hearing or its return to you at the end of the proceeding.
NB: YOU DO NOT NEED TO NOTIFY US THAT YOU HAVE RECEIVED THE NOTICE OF OPPOSITION IF * the opponent has already served the Notice of Opposition on your address for service or * the opponent serves the Notice of Opposition on your address for service within one month from the date of this notice.
However, the Registrar requests that you inform the Trade Marks Office of any change of address for service by the Trade Mark Applicant during the course of the opposition proceedings.
COSTS IN AN OPPOSITION PROCEEDING LIABILITY FOR COSTS BEGINS FROM THE DATE THE NOTICE OF OPPOSITION IS FILED AT IP AUSTRALIA. COSTS MAY ONLY BE AWARDED IN MATTERS AND AMOUNTS PROVIDED FOR IN SCHEDULE 8 (COSTS, EXPENSES AND ALLOWANCES) OF THE TRADE MARKS REGULATIONS. IF COSTS ARE AWARDED THEN THIS WILL OCCUR AT THE END OF THE OPPOSITION PROCEEDING.
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Page 3
Trade Mark No. 1118972
COSTS ARE USUALLY AWARDED AGAINST THE UNSUCCESSFUL PARTY. HOWEVER, IF THE OPPOSITION IS RESOLVED PRIOR TO THE CONDUCT OF A HEARING THE TRADE MARKS OFFICE MAY, UNLESS CERTAIN CONDITIONS ARE MET, DECLINE TO MAKE AN AWARD OF COSTS (see Official Notice dated 13 & 20 June 2002 Award of Costs in the Australian Official Journal of Trade Marks).
See our website address at www.ipaustralia.gov.au/resources/ legislation index.shtml and click on Trade Marks Regulations 1995 to view Schedule 8 of the Trade Marks Regulations.
FOR FURTHER INFORMATION ABOUT OPPOSITION MATTERS If you wish to read more about the legislation referred to in this notice you may access the Trade Marks Act and Regulations 1995 at our website address at www.ipaustralia.gov.au.
For more information about opposition matters you can * brochures about opposition matters giving an overview of proceedings, and representation at a hearing and the Trade Marks Office Manual of Practice and Procedure.
Michael E. Arblaster Deputy Registrar, Trade Mark and Design Hearings and Legislation Contact Officer: Chris Lee Phone: (02) 6283 2935 Fax: (02) 6283 2978
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