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Registration receipt - TM 1122003
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Registration receipt
TM:
1122003
BTRN:
STEO-09948762
Date/time received:
Tue Feb 26 12:08:49 EST 2008
Organisation name:
AU-TRADEMARKS
Address:
PO Box 202
HURSTVILLE BC NSW 1481
AU
E-mail:
[email protected]
Total number of G&S classes:
2
Total amount:
500.0
Cardholder name:
Peter Close
file:///H:/Objective/tracs/Objects/registration_receipt_1122003.xml
29/08/2014
CLEAR REPORT FOR APPLICATION
1122003
Acceptance Due : 10-JAN-08
Words :
CREDIT REPAIR AUSTRALIA
Details :
Type = W (word mark)
Application Number :
1122003
Filing Date :
05-JUL-06
Convention :
N/A
Divisional :
N/A
Type :
Trade Mark
Owner Name :
D R Capital Pty Ltd
Address:
Address for Service:
213 Nuwarra Road
MOOREBANK
2170
NSW
AUSTRALIA
AU-TRADEMARKS
PO Box 202
Hurstville BC
NSW 1481
Goods & Services
Class:
36
Financial affairs including the rectification of credit history for individuals and corporations; providing
financial information to corporations and individuals regarding their credit rating; providing financial
research and analysis services to others; financial advisory services; credit reporting affairs including the
rectification of credit history for individuals and corporations; services to assist with the removal of
disputable or contestable information listed on credit reports; services to assist with the introduction of a
loan or reduce the interest rate on current loans; creditor negotiation and administration to assist entities
that may be insolvent
Class:
42
Dispute and conflict resolution services; arbitration services; liaison and services to assist others with the
administration of corporations and the bankruptcy of individuals
Endorsements
Provisions of subsection 41(5) applied.
Kamila GANCARZ
Examiner's comments :
Checked for divisionals
Reminder - Business Rules for s44 Letters
As a courtesy to our customers, TM & D advises trade mark owners if a later application has been accepted in
the face of their trade mark under the provisions of sub-section 44(3) or 44(4). The acceptance officer is now
responsible for issuing the s44 letter and in doing so will use the following procedure:
1.
2.
3.
4.
5.
6.
7.
Select Section 44 Letter from the Examination drop down menu in MS Word
Fill in the cited trade mark number/s (use commas if more than one)
Fill in the cited trade mark owner name/s
Fill in the accepted trade mark number/s. (use commas if more than one)
Fill in the name of the acceptance officer
Fill in the acceptance officer's telephone extension number
If address for service is an attorney, select the name from the list,
OR
If the address for service is a private applicant or an agent not on the list, select Private Applicant and
type the name and address details in the space provided
8. Select sub-section 44(3), sub-section 44(4) or sub-sections 44(3) and 44(4) where applicable
9. Select OK and check letter is in order
10. Save completed letter to Objective Imports as ####### s44 letter and then Add to the TRACS
Outgoing Correspondence file of the accepted mark. A copy of the letter should also be added to
the file of the cited mark/s.
11. Attach a copy of the cited and accepted trade mark details to the letter and dispatch
Reminders:
Kamila GANCARZ
AU-TRADEMARKS
PO Box 202
HURSTVILLE BC NSW 1481
RE:
Trade Mark No(s) 1122003 in the name of D R CAPITAL PTY LTD.
The above trade mark is now registered. In order to reduce holdings of material at this office,
we are now returning the evidence of use filed in support of the trade mark application.
The evidence consists of exhibits A- G.
Teneal Kowalick
TM & Design Admin
Customer Operations Group
IP Australia
Phone (02) 6283 2513
27 January 2009
ABN 38 113 072 755
10 October, 2006
AU-TRADEMARKS
PO Box A71
Arncliffe
NSW 2205
Application No:
1122003
Applicant:
D R Capital Pty Ltd
Trade mark:
CREDIT REPAIR AUSTRALIA
Your ref:
Report No. 1
I have examined your application to register this trade mark. At present I cannot accept
the application. My reasons are set out in the following pages.
You can call me at any time during business hours and I will be happy to discuss the
application with you.
You have up to 10 January 2008 (15 months from the date of this report) in which to
resolve all the issues I have raised, unless the application is withdrawn or rejected
before that date. As I need time to process your response to this report please submit
your written response, including any submissions in support of your application for
registration, any time up to three weeks before the above date. If you require more
time to finalise the application you must apply for an extension of time before the final
date and pay the fee of $100 per month.
I look forward to hearing from you.
Mark Ayres
Trade Mark Examiner
02 6283 2611
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Printed
IP Australia
10-OCT-06
UserID CTMMYA
Search #
1
Hits
6
Criteria Used
Words: credit(Part word) AND repair(Part word); Status : All; Search Data : Live;
2
414
3
259
Words: cred_t(Part word) OR kred_t(Part word); Classes : 36,42(Associated); Status : All;
Search Data : Live;
Words: repa(Part word); Classes : 36,42(Associated); Status : All; Search Data : Live;
4
5
Search 2 AND Search 3.
5
9974
*
6
49
Words: aust(Part word) OR ozz(Part word); Classes : 36,42(Associated); Status : All; Search
Data : Live;
Search 2 AND Search 5.
*
7
10
Search 3 AND Search 5.
*
8
5
Words: credit(Fuzzy Word) AND repair(Fuzzy Word); Classes : 36,42(Associated); Status :
All; Search Data : Live;
*
*
Report produced from ATMOSS -
01122003
Page
1
of
6
Printed
IP Australia
10-OCT-06
No.
1
Tm No.
947391
2
947449
3
1100246
4
1122003
Words / Image Phrase / Classes
CREDIT REPAIR INFO LINE
45
STATUS
CREDIT REPAIR
36
STATUS
THE CREDIT REPAIR KING
36
CITATION
CREDIT REPAIR AUSTRALIA
36,42
THIS MARK
Report produced from ATMOSS -
01122003
Status
Never Registered
Never Registered
Registered
Pending
Page
2
of
6
Printed
IP Australia
10-OCT-06
Trade Mark : 947391
Word:
Image:
Lodgement Date:
Lapsing Advertised:
CREDIT REPAIR INFO LINE
Class/es:
Status:
45
Lapsed/Not Protected
Kind:
Type of Mark:
Type:
n/a
Word
Standard
Annotation:
STATUS
Divisionals:
Divisional Number:
Divisionals
Partial Assignment:
Partial assignment from:
Partial Assignments:
Owner:
18-MAR-03
18-NOV-04
0
0
D.R. Capital Pty Ltd
103959502
5 Marion Street
MIDLAND
6056
WA
AUSTRALIA
Goods & Services
Class: 45
Providing information to individuals that may improve their credit rating
Endorsements
Report Comments
1.s41(5) desc; form g/s
Report produced from ATMOSS -
01122003
Page
3
of
6
Printed
IP Australia
10-OCT-06
Trade Mark : 947449
Word:
Image:
Lodgement Date:
Lapsing Advertised:
CREDIT REPAIR
Class/es:
Status:
36
Lapsed/Not Protected
Kind:
Type of Mark:
Type:
n/a
Word
Standard
Annotation:
STATUS
18-MAR-03
18-NOV-04
Divisionals:
Divisional Number:
Divisionals
Partial Assignment:
Partial assignment from:
Partial Assignments:
Owner:
0
0
D.R. Capital Pty Ltd
103959502
5 Marion Street
MIDLAND
6056
WA
AUSTRALIA
Goods & Services
Class: 36
Providing information to individuals that may improve their credit rating
Endorsements
Report Comments
1.s41(5) gfr - desc; form g/s
Report produced from ATMOSS -
01122003
Page
4
of
6
Printed
IP Australia
10-OCT-06
Trade Mark : 1100246
Word:
Image:
Lodgement Date:
Acceptance Advertised:
THE CREDIT REPAIR KING
Registered From:
Registration Advertised:
Sealing Date:
Renewal Due:
Class/es:
Status:
22-FEB-06
19-OCT-06
05-OCT-06
22-FEB-16
36
Registered/Protected
Kind:
Type of Mark:
Type:
n/a
Word
Standard
Annotation:
CITATION
Divisionals:
Divisional Number:
Divisionals
Partial Assignment:
Partial assignment from:
Partial Assignments:
Owner:
22-FEB-06
22-JUN-06
0
0
Jacque Aho
PO Box 106
MERRYLANDS
2160
NSW
AUSTRALIA
Goods & Services
Class: 36
Financial brokerage; financial services; banking services; electronic financial transactions; online financial services;
mobile financial brokerage, banking and financial services; financial planning; financial advice; online stocks and
shares brokerage; monetary, financial and banking affairs; insurance brokerage; online insurance brokerage;
insurance consultancy and advice; superannuation and retirement planning; insurance affairs; real estate commercial,
residential and industrial leasing and sales; real estate services relating to serviced offices and serviced apartments;
real estate sales of buildings, townhouses, houses and apartments; real estate affairs
Endorsements
Report Comments
1. Clear
Report produced from ATMOSS -
01122003
Page
5
of
6
Printed
IP Australia
10-OCT-06
Trade Mark : 1122003
Word:
Image:
Lodgement Date:
CREDIT REPAIR AUSTRALIA
Class/es:
Status:
36, 42
Indexing Approved
Kind:
Type of Mark:
Type:
n/a
Word
Standard
Annotation:
THIS MARK
Divisionals:
Divisional Number:
Divisionals
Partial Assignment:
Partial assignment from:
Partial Assignments:
Owner:
05-JUL-06
0
0
D R Capital Pty Ltd
103959502
213 Nuwarra Road
MOOREBANK
2170
NSW
AUSTRALIA
Goods & Services
Class: 36
Financial affairs including the rectification of credit history for individuals and corporations; providing financial
information to corporations and individuals regarding their credit rating; providing financial research and analysis
services to others; financial advisory services; credit reporting affairs including the rectification of credit history for
individuals and corporations; services to assist with the removal of disputable or contestable information listed on
credit reports; services to assist with the introduction of a loan or reduce the interest rate on current loans; creditor
negotiation and administration to assist entities that may be insolvent
Class: 42
Dispute and conflict resolution services; arbitration services; liaison and services to assist others with the
administration of corporations and the bankruptcy of individuals
Endorsements
Report Comments
Report produced from ATMOSS -
01122003
Page
6
of
6
EVIDENCE SUMMARY SHEET - s41
TRADE MARK NUMBER: 1122003
s41(5)
s41(6)
EVIDENCE SUMMARY& COMMENTS: Tm has been used continuously since 5 March 2003.
The price of services provided bearing the mark range from
Sales turnover;
2003
2004
2005
2006
Advertising expenditure'
2003
2004
2005
2006
Tm are regularly advertised through newspapers, magazines, journals, other publications, radio, tv
and various internet sites.
Have you considered: Geographical/extent of use; duration; sales volume/turnover;
advertising expenditure; first used; continuous use
EXAMINER'S RECOMMENDATION/S: s41
Applied
Not Applied:
REASON/S: Tm capable of distinguishing applicant's services. Tm has been continuously used for
the last 4,5 years with increasing sales and advertising expenditure.
S41 could be applied under the following conditions :
Examiner : Kamila Gancarz
Date: 13.11.2007
SUPERVISOR'S/PRINCIPAL EXAMINER'S COMMENTS:
Supervisor :
Date:
__________________________________________________________
Principal Examiner :
Date:
REMINDER: ADD ENDORSEMENT
BUSINESS RULES for EVIDENCE SUMMARY SHEETS
s41
1. Fill in the trade mark number
2. Indicate whether grounds for rejection are s41(5) or s41(6) by placing an "X" in the appropriate
box
3. Evidence Summary & Comments: Summarise the evidence provided, and note the location of
those paragraphs/submissions which have a bearing on the decision (eg see sales figures, p8)
4. Examiner's Recommendations: Indicate the recommendation by placing an "X" in the box
marked "Applied" or "Not Applied"
Examiner's Reasons: Indicate why the recommendation was made - making reference to
particular parts of the evidence submission , (it may only be necessary to state that the evidence
overcomes the grounds for rejection through use, turnover, etc)
5. Enter examiner code or name, and the date
6. Save file to TRACS2
7. Hand file on to Supervisor, as appropriate
8. Supervisor's/Principal Examiner's Comments: supervisor to complete comments, enter code or
name, and the date, and return to Examiner or pass on to Principal Examiner
9. Principal examiner to complete comments, enter code and date and return Evidence Summary to
Examiner or Senior Examiner as appropriate
TRADE MARK EFORM APPLICATION
Pre Filing Number : 4065416
TMPROD
Print Date : 05/07/2006
Trade Mark No : 1122003
Filing Date : 05/07/2006
GS Assistance Ind : N
Form Completed Time Count :
Owner Details :
Role Type
LastName/CompanyName
First Name
ACN/ARBN
ABN
Company Jurisdiction
Address
City/Suburb
State
Postcode
Country
applicant
D R Capital Pty Ltd
103959502
65103959502
Australia
213 Nuwarra Road
MOOREBANK
NSW
2170
AUSTRALIA
Address For Correspondence :
Agency Code
AU
agent
Role Type
LastName/CompanyName AU-TRADEMARKS
First Name
Address PO Box A71
Arncliffe
City/Suburb Suburb
State NSW
Postcode 2205
Phone Number 02 9599 2033
Home Phone Number
Mobile Phone Number
Fax Number 02 9599 2096
Email Address [email protected]
Reference
Contact Name Peter Close
Contact Time
ABN
Trade Mark :
Trade Mark
Series
Words
Words
1
CREDIT REPAIR AUSTRALIA
Goods and Services :
Class Number
Description
36
Financial affairs including the rectification of credit
history for individuals and corporations; providing
financial information to corporations and individuals
regarding their credit rating; providing financial
research and analysis services to others; financial
1
TRADE MARK EFORM APPLICATION
Class Number
Description
TMPROD
advisory services; credit reporting affairs including
the rectification of credit historyfor individuals and
corporations; services to assist with the removal of
disputable or contestable information listed on credit
reports; services to assist with the introduction of a
loan or reduce the interest rate on current loans;
creditor negotiation and administration to assist
entities that may be insolvent
42
Dispute and conflict resolution services; arbitration
services; liaison and services to assist others with the
administration of corporations and the bankruptcy of
individuals
Trade Mark Type :
Trade Mark Type
Defensive Number
Standard
0
2
TRADE MARK EFORM APPLICATION
TMPROD
3