IP Australia Service Request

IP Australia Service Request
Trade Mark Number
Request Date & Time
1628227
03-Jul-2015 16:38:01
Submitting Party
Party Identifier
SZL9817034876
Agency Code
SF
Name
Customer's Reference
T572600
Email
mail .au@spruson .com
Respond to an Examiner's Report
Fees
FANG Batch Identifier
8120033
Fee# 1
Fee Code
TXR
Fee Type
OTHER
Fee Description
Respond to an Examiner's Report
Number of Goods
1
and Services Classes
Fee Unit Count
1
Fee Amount
$0.00
Calculation Date &
03-.Jul-2015 16:38:01
Time
Fee Total Amount
$0.00
Service Request Details
Channel
828
Batch Identifier
STBl-0000652328
Batch Reference
SF-0000652328
Service Request Identifier
STXR-0001259051
Service Request Code
TER
Request Date & Time
03-Jul-2015 16:38:01
Customer's Reference
T572600
Application numbers
Customer's IP Right Reference
1628227
Contact Details
Phone
02 9207 0777
Customer Supplied Documents
Document
Document Type
Sequence
1
Document File Name
Physical
Media
Exam Response
T572600_10222343_TradeMarkAttachmentExamResponse.pdf
No
Registrar of Trade Marks
PO Box 200
Woden ACT 2606
2 July 2015
SPRUSON & FERGUSON
Sydney NSW
Speed Dial 509
(CCN 3710000177)
Our Ref: T572600:TCS:MWL
Telephone Contact: Meaghan Lynch
Madam
Australian Trade Mark Application No. 1628227
Imation Corp.
TREK in Class 09
We refer to the Examiner's second report dated 11 November 2014.
In the report, the Examiner has maintained the objection based on section 44 of the Trade
Marks Act 1995.
The Applicant requests the withdrawal of the objection based on Trade Mark Registration Nos.
908083 VOICE-TREK, 1170121 TREKSTOR and 1201248 TREKSTOR on the grounds of
honest concurrent use, as outlined in section 44(3)(a) of the Trade Marks Act 1995 (Cth).
In support of this request, we submit by way of evidence, a Declaration made by the Applicant's
Senior Vice President & Group President, Consumer Storage & Accessories, Mr Greg Bosler,
together with Exhibits 1-7, including Confidential Exhibits 1, 2 and 7 (the Bosler Declaration).
We note that the Declaration was declared by Mr Bosler at Oakdale, MN on 25 June 2015.
The Bosler Declaration establishes the following:
• the TREK trade mark was first used in Australia in October 2013 and has been in
continuous use since that time (paragraphs 8, 9 and 21 and Confidential Exhibit 1);
• the Applicant is not aware of any instances of confusion having arisen between its TREK
trade mark and the cited marks, respectively (paragraph 21 );
• the Applicant's TREK trade mark co-exists with the cited proprietors' marks in a number of
overseas jurisdictions without any known instances of confusion (paragraph 21 );
• the goods available under the TREK trade mark are offered for sale in 45 countries
worldwide including throughout Australia (paragraphs 11, 12, 13 and 18);
• the value of goods sold under the TREK trade mark is of significant commercial value to
the Applicant (paragraph 11 and Confidential Exhibit 2); and
• the Applicant has spent significant resources on advertising and promoting the goods
offered for sale under the TREK trade mark in Australia (paragraph 17 and Confidential
Exhibit 7).
Importantly, we submit that the Applicant's TREK trade mark is sufficiently different from each of
the cited trade marks, such that the likelihood of confusion between them is low. In this regard,
we refer to the following distinct differences between the marks:
00288(10216643_ 1):MWL
Our Ref: T572600
Registrar of Trade Marks
•
the only similarity between the respective marks is the word "TREK." The Applicant's
mark differs in its visual appearance, aural representation and overall impression to
each of the cited marks;
•
cited Registration No. 1170121 TREKSTOR is a composite mark comprised of heavily
stylised letters. It is represented by all upper case letters in bold font. Notably, the
letters "T", "K" and "S" contain an extra degree of stylisation which consumers are
likely to recall as a memorable feature.
•
both Registration Nos. 1170121 TREKSTOR and 1201248 TREKSTOR contain the
additional element "STOR" which changes the aural and phonetic representation of
the marks. The inclusion of the element "STOR" changes the aural emphasis of the
marks. Further, both Registration Nos. 1170121 and 1201248 are comprised of two
distinct syllables;
•
cited Registration No. 908083 VOICE-TREK is a fancy mark containing two distinct
elements. The prominent and memorable element of the cited mark is the first
element, "VOICE," which consumers are likely to recall as the most prominent and
memorable element of the cited mark; and
•
conversely, the Applicant's TREK trade mark is a plain word mark, comprised of a
single mono-syllabic element.
Further, we draw the Examiner's attention to the pattern of co-existence on the Australian
Register in relation to marks containing the element "TREK" in Class 9. Each of the cited marks
co-exists with Registration Nos. 1012384 VTREK, 1090658 STAR TREK: LEGACY and
1339156 VL TREK, amongst others for similar goods in Class 9. In our submission, if consumers
can distinguish between marks such as VOICE-TREK, VTREK and TREKSTOR for similar
goods, they should similarly be able to distinguish between the Applicant's TREK trade mark
without confusion.
In summary, the Applicant submits that the subject application should be accepted after due
consideration of the tested criteria for honest concurrent use, as outlined in John Fitton &
Company Limited's Application (1949) 66 RPC 110.
We look forward to receiving the notification of acceptance shortly.
Yours faithfully
SPRUSON & FERGUSON
Tracey Berger
Meaghan Lynch
BSc LLB(Hons)
BA(Hons) JO
Principal
[email protected]
Solicitor
[email protected]
00288(10216643_ 1):MWL
Page 2
SPRUSON & FERGUSON
SPRUSON & FERGUSON
Australia
Trade Marks Act 1995
IN THE MATTER of Trade Mark Application No
1628227 TREK in the name of Imation Corp.
DECLARATION
I, Greg Bosler, of One Imation Way, Oakdale Minnesota, 55128, United States of America,
make the following declaration under the Trade Marks Act 1995:
1.
I am Senior Vice President & Group President, Consumer Storage & Accessories of
Imation Corp., of One Imation Way, Oakdale Minnesota 55128, United States of
America (my Company). I have held this position this with my Company since January
1, 2013.
2.
I am authorised to make this declaration on behalf of my Company and the facts herein
declared come from the records of my Company, the public record, or my own personal
knowledge.
3.
This declaration contains commercially sensitive information that is of real commercial
relevance to my Company. I request that the information contained within Confidential
Exhibits 1, 2 and 7 be treated as confidential and made exempt from public disclosure
under Freedom of Information Act 1982.
4.
My Company has applied to register the trade mark TREK in Australia (the TREK
Trade Mark). Brief details of the application are as follows:
Mark:
TREK
Application No:
1628227
Filing Date:
12 June 2014
Goods:
Class 9: Consumer electronic audio systems and sound
transmitting apparatus, including corded and wireless
speakers, amplifiers, microphones, headphones, headsets,
earbuds, earphones and boomboxes (the Goods)
5.
I have been advised that when Application No. 1628227 was examined an objection
was raised on the basis of prior Australian Trade Mark Registration Nos. 908083
VOICE-TREK in Class 9, 1170121 TREKSTOR in Class 9 and 1201248 TREKSTOR in
Class 9.
00280(10099852_ 1 ):MWL
History of My Company
6.
My Company is a global data storage and information security company with customers
in more than 100 countries worldwide. Its parent company, 3M, was founded in the
1950s and Imation Corp. was spun off in 1996.
7.
My Company owns a range of brands and has a strong network of distributors and
representatives throughout North America, Europe, the Middle East, Africa, Asia and
Australia.
Use of the Trade Mark in Australia
8.
My Company first used the TREK Trade Mark in Australia in October 2013 in relation to
consumer electronic audio systems and sound transmitting apparatus such as wireless
speakers. Now shown to me and marked Confidential Exhibit 1 is a Global Sales
Report indicating the quantity of goods shipped to Australia in order to confirm the date
of first use of the TREK Trade Mark in Australia. As the information in the Exhibit is of
commercial relevance to my Company, I request that it be kept confidential and except
from disclosure under the Freedom of Information Act.
9.
The records of my Company indicate that the TREK Trade Mark has been continuously
used throughout Australia since October 2013.
10.
The domain name tdkperformance.com/en-au/ was registered on behalf of my
Company on 4 June 2010 and the Goods bearing the TREK Trade Mark are available
for sale on the website situated at this domain name.
Sales
11.
My Company has enjoyed sales of the Goods sold under the TREK Trade Mark in
Australia. Now shown to me and marked Confidential Exhibit 2 is a table outlining the
annual total sales under the TREK Trade Mark since the date of first use in Australia. As
the information in the Exhibit is of commercial relevance to my Company, I request that
it be kept confidential and except from disclosure under the Freedom of Information Act.
12.
The Goods sold under the TREK Trade Mark are distributed throughout Australia by my
Company's Australian subsidiary, Imation ANZ Pty Ltd, which is based in Baulkham
Hills, New South Wales.
00280(10099852_1 ):MWL
Page 2
SPRUSON & FERGUSOf\J
13.
The Goods offered for sale under the TREK Trade Mark are available at a number of
leading Australian retailers including:
•
JB HI-Fl
•
Dick Smith
•
Office Max
•
Aus Post
•
eBay Australia
Now shown to me and mark Exhibit 3 are print outs of pages downloaded from the
retailers' websites.
Promotion and Advertising
14.
The Goods offered for sale under the TREK Trade Mark have been promoted on the
website http://www.tdkperformance.com/en-au/. Attached as Exhibit 4 are copies of
some pages downloaded from this website that illustrate use of the TREK Trade Mark.
15.
The Goods offered for sale under the TREK Trade Mark have also been promoted in a
range of industry magazines and online publications including Appliance Retailer
Magazine, The Sydney Morning Herald , The ecoustics.com Blog and cNet Reviewer
Blog. Attached as Exhibit 5 are copies of publications from a selection of these sources
illustrating use of the TREK Trade Mark in Australia.
16.
My Company has also promoted the TREK Trade Mark on social media platforms
including Twitter and Facebook. Now shown to me and marked Exhibit 6 are printed
examples of use of the TREK Trade Mark on these websites.
17.
Attached as Confidential Exhibit 7 is a summary of the expenditure relating to the
promotion of the Goods offered for sale under the TREK Trade Mark in Australia. As the
information in the Exhibit is of commercial relevance to my Company, I request that it be
kept confidential and except from disclosure under the Freedom of Information Act.
International Use
18.
As stated above, my Company has used the TREK Trade Mark globally. I am aware
that my company has sold goods under the TREK Trade Mark in the following countries:
Australia
00280( 10099852_ 1),MWL
Austria
Page 3
Bahrain
SPRUSON & FERGUSON
19.
Belgium
Brazil
Canada
China
Croatia
Czech Republic
Denmark
Finland
France
Germany
Greece
Hong Kong
Hungary
Iceland
Ireland
Italy
Japan
Latvia
Lithuania
Luxembourg
Malaysia
Netherlands
New Zealand
Philippines
Poland
Qatar
Republic of Korea
Romania
Saudi Arabia
Singapore
Slovenia
Spain
Sri Lanka
Sweden
Switzerland
Taiwan
Thailand
Turkey
United Arab Emirates
United Kingdom
United States of America
Vietnam
My Company has applied to register the TREK Trade Mark in a number of countries
including the United States, the Russian Federation, CTM, China, Hong Kong, Japan,
Singapore, the Republic of Korea, New Zealand, Canada, Mexico, South Africa,
Switzerland, Chile, Columbia, Taiwan and the United Arab Emirates and has obtained
registrations in respect of similar goods to those covered by the Australian application.
20.
Given my Company's extensive use of the TREK Trade Mark in Australia, I am of the
view that the TREK Trade Mark has acquired a reputation in Australia in relation to the
Goods offered for sale under the TREK Trade Mark.
21.
My Company has used its TREK Trade Mark since October 2013 without objection from
the owners of cited Trade Mark Registration Nos. 908083, 1170121and1201248. I am
not aware of any instances of confusion between my Company's Goods bearing the
TREK Trade Mark in Class 9 and those of the cited proprietors. Further, I understand
that my Company's TREK Trade Mark co-exists with the each of the cited proprietor's
00280(10099852_ 1 ):MWL
Page 4
SPRUSON & FERGUSON
VOICE-TREK and TREKSTOR trade marks without confusion in a number of
jurisdictions overseas.
I make this declaration conscientiously believing the statements conta·
be true and correct.
Declared at
in this declaration to
on~?
Signature of Declarant
00280( 10099852_1 ):MWL
Page 5
SPRUSON & FERGUSON
SPRUSON & FERGUSON
Australia
Trade Marks Act 1995
IN THE MATTER of Trade Mark Application
No 1628227 TREK in the name of Imation
Corp.
EXHIBIT 1
The information in this exhibit is of commercial relevance to the Applicant.
Accordingly, I request that it be kept from disclosure under the Freedom of
Information Act 1982.
GLOBAL SALES REPORT BY COUNTRY FOR W IRELESS PORTABLE SPEAKER (A26)
AS OF 12/6/2014
SPRUSON & FERGUSON
Australia
Trade Marks Act 1995
IN THE MATTER of Trade Mark Application
No 1628227 TREK in the name of Imation
Corp.
EXHIBIT 2
The information in this exhibit is of commercial relevance to the Applicant.
Accordingly, I request that it be kept from disclosure under the Freedom of
Information Act 1982.
Total Annual Sales under the TREK Trade Mark
2013
2014
2015
SPRUSON & FERGUSON
Australia
Trade Marks Act 1995
IN THE MATTER of Trade Mark Application
No 1628227 TREK in the name of Imation
Corp.
EXHIBIT 3
JB Hi-F1 I TDK A34 Trek Max Wireless Weatherproof Speaker
Page 1of3
JBHl•FI
Sunday, May 31 2015, 05:14:10 +10:00
TOK
TDK A34 Trek Max Wireless Weatherproof
Speaker
Model: 75000037673
SKU: 601486
Product ID: 784368
Your music. Anytime. Anywhere.
•
Integrated microphone for
hands-free calling
•
Bluetooth v2.1 + EDR with
AAC and support for A2DP,
HFP and HSP protocols
•
Splashproof & Dustproof
Share this:
1$148
v
Delivery
In Stock:
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Usually available same day - Terms and Conditions apply (/Availability·
Check Store Stock (/Stores/Store-Picker/?productid=784368)
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JB Hi-Fi I TDK A34 Trek Max Wireless Weatherproof Speaker
Page 3of3
Description
Overview
Delivering the best in audio quality and functionality, the TDK Life on Record Wireless
Weatherproof Speaker with Bluetooth® wireless technology offers the new standard in
portable speakers wrapped in a stylish and durable design. With wireless Bluetooth
streaming, this speaker system lets you unplug your device and get a truly wireless
experience without missing a beat. The built-in microphone provides speakerphone
functionality, while the auxiliary input makes it compatible with almost any device.
Compact and rugged, the TDK Life on Record Wireless Weatherproof Speaker system is
built to move, no matter what the forecast.
Key Features
Room-filling TDK Signature Sound in a compact design
High quality, near lossless wireless audio streaming
Weatherized design protects against the elements like splashing water or dust
Rechargeable battery for up to 6 hours of portable playback
Integrated microphone provides speakerphone functionality for hands-free calling
Built-in tilt-back stand optimizes sound direction
Details
ADiscounts apply to most recent previous ticketed/advertised price. Products may have
been sold below ticketed/advertised price in some stores prior to the discount offer.
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Buy TDK Trek Micro Speaker A12 BLK I Read Reviews I Dick Smith Online Shopping
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Homo > lOK T,.k Mlcto Speaker A12 BLK
TDK Trek Micro Speaker A12
BLK
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Overview
Model #:A12
Specs
Delivery
Reviews
Catalogue • :C3520
TOK LWe on Recorcl's A12 'TREK Micro Is a Bluetooth poe1<e1 speaker streaming lllgh-quall!y True
Wireless Storeo, w~h NFC technology for easy Bluetooth pairing. A12 Is Wonthor proof with IP64
rating to protect from dust and water, making II an all time companion for Indoor and outdoor use.
@TDK
Llf• on Record
Input is 3. 5mm OOl<Jilary pon tha11ets you connect a vane1y of smartphones.
Features -
• Weatherproof: IP64 rating to protect from dust and water
• NFC for on&4ouch Bluetooth paimg
• TWS (True Wireless Stereo) to allow two speake111 to a-eate robust stereo aound, one as e left channel and the olher as the right
• Rechargeable Battery foe 4 to 6 hours playback
• 3.5mm jack for Line-in and L~
• M'ICtO USB cha!gng port (No AC adaptor)
• Carab'neer for flexibility in travelling with the speaker, just clip rt ai your bag and go
01V97 - 2015 Cid< Smith Electmrict Ply LlmiMd Ail Risfll! Re.....ed.
Terms & COn<ilions Pm 1cy Pg!oot §l:gfllll
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TDK A34 TREK Max Wireless Weatherproof Speaker Black
Page 1of 1
TDK A34 TREK Max Wireless
Weatherproof Speaker - Black
2468522
Be the trst to review this product
$164.00 Ind GST
Unltof-ure: EA
Product Description
The TOK ure on Record A34 TREK Max deltvt!ts the best In audio quatity and functionaNty. Wkh BhJetooth wireless tectvlology the A34 TREK Max offers a new standard In portable speakers while
wrapped In a stytlsh and durable design. With wireless Bluetooth st<eam!ng, tliis speaker system lets you unplug your de\1ce and get a truly wireless experience without missing a beat. Bluetoolh
piilmg l.s 85 easy 85 just a touch with NFC enabled Blue.tooth devices. The TREK Max allows you to control the music wlthoot the Suetooth device nearby The built~n microphone (J<'O'lides
speaketphOne fllllctlonaity and the aUXllary 1'4)Ut makes the TREK Max canpaWe w11h almost any devtc:e. Compilct rugged and weathenzed, the TREK kax Is built to m<We, whether Indoors or
outdools
• Rugged weatherized desq. withstand$ the harshest conditions. Enjoy your musk: at the beach at the game or In the ba<Xyard.
• Recha'llsb!e battery oft'ers freedom to take your musk: with you and enjoy LP 8 hours ol audo on a sin
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SPRUSON & FERGUSON
Australia
Trade Marks Act 1995
IN THE MATTER of Trade Mark Application
No 1628227 TREK in the name of Imation
Corp.
EXHIBIT 4
Home
http://www.tdkpctformance.com/cn-au/(31/SJ20tS 4:13:42 PM]
Home
http://www.tdkpcrfonnancc.com/cn-au/[31/S/20 IS 4: 13·42 PM)
TREK Max
lrttp://www.tdkpctformance.com/en-aulspeakers.IBoomboxcs/trek-rnax-speakerl(31/5/2015 4: 15: I0 PM]
TREK Max
http:lfwww.tdkperfonnance.oorn/cn-au/spcakers!Boomboxes/trek-max-speaker/[31 /5/2015 4: 15: I0 PM]
TREK 360
h1tp://www.1dkpcrfonnance.com/cn-au/speakers/Boomboxesl1rck-360-speaker1'[31/ 5/2015 4:I 5:53 PM)
TREK 360
http://www.tdkpcrfom1ance.com/en-au/spcakcn/Boornboxes/trek· 360-spcaker/[3 l/S/20 IS 4: IS :53 PM)
TREK Micro
hnp://www.tdkperfonnancc.comlea·au/~eu/Boomboxcs/1rek·micro-speaker1[3l /Sno1s 4:16:20
PM]
TREK Micro
http://www.tclkpcrformance.com/en-aulspcakcrs/Boomboxcs/trck-micro-spcrlker/[3115/2015 4: 16:20 PM]
TREK Flex
http://www.tdkperfom1ancc.comfcn·aufspeakcrsfBoomboxcsftrck· Ocx-wirclcss-speaker/[31 IS/20 I S 4: 17:0 I PM]
TREK Flex
http://www.tdkperfonnance.com/en-au/speakers/Boomboxes/trek-flex-wireless-speaker/[31 /5/20 I 5 4: I7 :0 I PM)
TREK
http://www.tdkpcrfonoance.com/en-au/speakers/Boomboxcs/1rck·w1reless-por1ablc-speakerl(31/S/2015 4: 17:31 PM)
http://www.tdkperfonnancc.com/cn-au/speakers/Boomboxe!ltrck-wireless-ponablc-spcakcr.1:)1/ S/20 I S 4: 17:31 PM]
Introducing the TDK Life on Record TREK
Weatherproof Wireless Portable Speakers
'NFC not available
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tdkperformance.corn.au
I facebook.com/tdkperformance
Contact 1800 22) OLI fot enquiries
SPRUSON & FERGUSON
Australia
Trade Marks Act 1995
IN THE MATTER of Trade Mark Application
No 1628227 TREK in the name of Imation
Corp.
EXHIBIT 5
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went shopping we wer~ spoilt for choke.
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Three-way shootout: ponable speakers for travelling
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Digital Life
Three-way shootout: portable speakers for
travelling
Advertisement
Read later
April 23, 2014
Rod Easdown
Demand for portable speakers that can handle travelling has seen
several new entrants in the market.
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TDK A26Trek
SIGHT & SOUND
Late last year we looked at speakers small enough to throw in a bag and take travelling,
and one of them was the Beats Pill, now recommended at $259. In that comparison it didn't
come close to the Bose Soundllnk Mini at $249, but the power of the Beats brand and
heaps of marketi ng has ensured it's selling hke cold beers in the desert.
Its success has been a good thing for buyers because it has generated a heap of me-too
products that are, frankly, better-sounding and far better value. When we went shopping for
them we were spoilt for choice.
Posted in. Gadgets-On-The-Go
Date: May 29, 2015, 2:53PM Comments
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All these things are small enough to be put in the comer of a suitcase, or even in a roomy
computer bag, and although they don't sound anywhere near as good as full-size speakers,
they're heaps better than the scratchy little speakers in your computer, tablet or phone and
some of them go loud enough to provide half-way decent entertainment in a hotel room, or
maybe even a small home office.
But, no matter what their websites promise,
they won't give you lots of bass. That's
because bass drivers have to be big ideally 20cm or more - and anything this
size and in a cabinet is not exactly portable.
Accept this as one of the immutable laws of
physics and adjust your expectations
accordingly and you can find some
surprising sound quality down here for the
money.
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It's important to make sure these speakers
go loud enough to fill the intended space.
Hotel rooms can be awfully small these
days but some of these offerings run out of
steam when you're only a few metres distant. So crank up the volume and make sure there's
no distortion up there when you do.
JBL Flip
Testing these things goes further than that. They need to be well-built and robust enough to
http://www.smh.com.au/digital-life/hometecll/sight-and-sound/threeway-shootout-portable-speakers-for-travelling-20140423-zqvj4 .html[31 /5/20 IS 5:I 0: 19 PM]
emis '! l'I
Three-way 1h001out portable speakers for travelling
stand up to travelling. and this is especially true of gri lles over the drivers, which often dent
easily, and the plugs and connections - if they protrude from the body of the cabinet they
can be easily knocked out of shape.
We find many hotel rooms have precious few power points so charging by USB is always
welcome and a good battery life is handy too.
JBL Flip
Spotted for $129
~-~-i-~:!?Q!!.':.~.YThis carries two 4cm drivers and a bass port_ The lithium battery is good for up to five hours
between charges and an LED lets you know when charge is low. It's Bluetooth-compatible
and there's a built-in microphone with a call-answer button. It can be used vertically or
horizontally and comes with a mains power adaptor. Surprisingly good sound for such a
small thing, particularly in the high range , and bass isn't bad e ither. It goes loud enough
without distortion to fill a small room. Measures 16 x 6.3 x 6.3cm (WxHxD).
Sony SRSBTS50
Spotted for $178
~-?-~~..-~~-~...~~Neat and finished w ith a fabric cover in a choice of five colours - we loved the belt clip. It's
splashproof and has Bluetooth connectivity with near-field communication. The lithium
battery is good for up to 10 hours between charges and there's a mains adaptor. The only
problem 1s it doesn't go loud enough to fill even a small room and is really only effective
when you're sitting in front of It. The musical definition is also down on both the other
offerings, and bass is weak. 18 x 7 x 6.5 cm (WxHxD).
TDK A28 Trek
Spotted for $129
~.9.~perforrn~.i:i.~..-~.~-·-~-~
This one 1s flat so is probably the most convenient for packing, especially in a computer bag.
There's a tilt-back stand built in and it 1s moisture and dust-resistant. Bluetooth-enabled with
near-field communication with a microphone for hands-free calling. The lithium battery lasts
up to six hours between charges and charging is through a USS. There's a 3.5mm input.
This has the best musical definition and goes loud enough to fill a small room, but bass is
weak. 18 x 2.5 x 8cm (WxHxD).
Verdict
The JBL wins with best overall sound quality and enough volume to fill a small room but the
TDK also sounds good and, being flat is, in most cases, easier to pack. It's also USBrechargeable. The Sony 1s certainly the most stylish and sounds acceptable but runs out of
puff as soon as you move away from the unit.
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TDK Trek Max vs. Fluance F130 ($ 150 Wrreless Speakers) Reviewed- ecousties.com
)(
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·\I . I(( l IU
<'( >I I I: ( 'I IO'J
frn
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GEORG JENSEN
'dl'W'
7
SHARES
BRIAN MITCHELL
MARCH 20, 2015
In this review we compare two affordable Bluetooth wireless speakers, which each cost $150.
The smaller model is the TDK Life on Record Trek Max (model A34) , which is portable, rugged
and water- resistant. It can get splashed at the pool or beach, and is weatherized to endure a
light rain shower, just don't submerge it. The bigger Fluance Fi30 is a wired, table-top
Bluetooth speaker that will most likely sit in one place inside. So for starters, the Trek Max
gives you more versatility for the money.
At their price point both sound very good, but not the same. There are Bluetooth models for
less money, but I have yet to hear any with enjoyable sound quality. The TDK Trek Max plays
http://www.ecousttcs.com/reviews/tdk-trck-max-fluance-fi30/[31/5/20 I5 5:06:51 PM]
TDK Trek Max vs. Fluance Fi30 ($150 Wireless Speakers) Reviewed - ecoustics.com
surprising loud, despite being smaller with boomier bass, which makes it fun for an impromptu
dance party anywhere. The Fluance Fi30 has a more refined sound for in-home listening, and
sounded better than I had expected. However, its listening sweetspot is not very wide. The
Fi30 doesn't spread sound equally across the room, so it only sounded best when seated
directly in front of it. Whereas, the Trek Max has speaker drivers on both sides, which makes
listening position irrelevant.
The finish of the Fluance Fi30 screams audiophile quality. My test model was finished in high
gloss piano black, but it also comes in all-white or white/bamboo (wood grain) for the same
price. The speaker uses a high quality wooden cabinet design and feels well built. In other
words, it doesn't feel cheaply made, although the high gloss black is a dust and fingerprint
attractor. The Trek Max looks less glamorous, but is well designed. It feels solid and is heavier
than you'd expect.
Functionality wise the Fluance Fi30 is as barebones as you can get, but that's not necessarily
bad. It actually makes things simpler, because all music controls are handled from a Bluetooth
connected smartphone, tablet, or laptop. There is a power button and Bluetooth pairing button
on back, and two inputs you'll probably never use (3.5mm aux-in for wired connectivity and
USB input for charging). The Trek Max has all of that plus track controls (play/pause, skip
forward/reverse), up/down volume, and a built-in microphone for speakerphone capability. The
play button on the Trek Max makes it especially easy to start playing music where you left of, if
your speaker is nearby but your phone is in another room.
http://www.ecoustics.com/reviews/tdk-trek-max-fluance-fi30/[3l/5/2015 5:06: 51 PM]
TDK Trek Max vs. Fluance Fi30 ($150 Wireless Speakers) Reviewed - ecoustics.com
Regarding connectivity, Bluetooth pairing and re-pairing was equally quick and painless. Upon
turning each speaker on, my iPhone 6 discovered and connected very fast with a simple tap in
iPhone > Bluetooth Settings. After the initial connection, each speaker will remember and
sense when you're in range and re-connect automatically. Trek Max beeps to notify you're
connected and the Fi30 generates a swoop sound upon reconnection.
The Fluance Fi30 has an interesting quirk, since it's always plugged in and looking to
reconnect. I'd hear the swoop sound every time I returned home. The good news is you know
you're connected , but the sound can get annoying over time. Another thing I noticed if you
happen to be listening to music on headphones when you return home, the music will instantly
jump to stream from the Fluance Fi30 when in range. The Fi30 actually stole the connection
from the wireless headphones I was using. Again, a positive or negative depending on your
preference.
Techno geeks may want to know the Trek Max adds NFC, while the Fi30 has APT-X
streaming capability from devices that support it. The Trek Max has auto power off after 20
minutes and an 8 hour battery, while the Fi30 will usually stay powered on and be ready to
play. As mentioned above, that is good for convenience sake but potentially a nuisance.
I enjoyed both speakers and would recommend either. If you don't care about portability and
want a wireless speaker that both looks and sounds good that is also very easy to use, go with
the Fluance Fi30. But if you want the extra features, functionality and portability along with
greater room filling sound buy the Trek Max. I found myself using the Trek Max more, because
I could carry it to any room of the house. So, if you can't decide, get the TDK Trek Max - you
won't be disappointed.
YOU MAY LIKE
http//www.ecoustics.com/reviews/tdk-trek-max-fluance-fi30/{3 l/5/2015 5:06:51 PM]
Sponsored Links by Taboola
SPRUSON & FERGUSON
Australia
Trade Marks Act 1995
IN THE MATTER of Trade Mark Application
No 1628227 TREK in the name of Imation
Corp.
EXHIBIT 6
TOKperfonnance I Facebook
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Find out whether our TREK Max wins out in this speaker head-to-head
from Ecoustics.com.
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ABOUT
We're here to share the latest on technology, design
and TDK Life on Reoord products, from micro nash
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TDK Trek Max vs. Fluance Fi30 ($150 Wireless
Speakers) Reviewed- ecoustics.com
In this review we compare two affordable Bluetooth wireless speakers, which each
cost $150. The smaller model is the TDK Life on Record Trek Max (model A34),. ..
FCOUSTICS COM
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Alan Olson
December 29, 2012 at 1:0 2pm
https://www.faccbook.com/tdkperfonnance(3 l/5/20 IS S:29:00 PM)
>
May ?8 at 1? 57pm
Planning a camping trip this summer? Our TREK Micro speakers are the
perfect, rugged companions (pictured: TREK Micro:
http://www.amazon.com/gp/product/BOOIOIJDSI)
lDKperfonnance I Facebook
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lili Really enjoyed using the TDK A33 Wireless
Weatherproof Speaker over ... See More
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Unlverslta degll Studl di Miiano Blc •.•
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FMB World Tour
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May 26 at 5.28am
Strokes Deleted Scenes
·' TOK
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Are you going to any concerts this summer? If you're making your summer
festival plans, find some inspiration from our favorite festival guide,
Fest300
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perfect fesllval.
FE$ T300COM
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May 24 at 9 23am . ~
" ...a tremendously designed speaker for a sweet deal." Read what else
TechRadar had to say:
. bttps//www.facebook.com/tdkperformance(3 l/S/201 5 5:29.00 PM]
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TDK TREK Flex review
A rugged Bluetooth speaker made tor the elements
TECHRAOAR.COM
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May 24 at 12:26pm
Adolfo Reyes Correcamlnoa Gran altavoz bluetooth • con unas magnlficas
~ prestaciones
see Translation
May 24 at 2:12pm
TDKperformance
•
May 21 at 1·22am . ti'
Featured fan photo: the rugged TREK Max, #showoffmyTDK
Adam Colgan on Twitter
"@TDKperformance The best Bluetooth speaker. Its rugged, water resistant, and
sounds jaw dropping the TDK A34 •
TWITTER.COM I BY ADAM COLGAN
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May 19 at 5: 35am .....
A little design for your day - " ... each piece feels like a complex
httpsJ/www.faccbook.com/tdkpcrformance(31/5/201S 5:29;00 PM]
TDKperfonnance I Facebook
mathematical puzzle" - via Design Milk
ii
Cutting Paper Into Trees: The Art of Yuken Teruya Design Milk
On view in New York, each ordinary object Is transformed using only an X-Acto
knife, a few folds, and an extraordinary vision for what paper can do.
DESIGN-MILK.COM
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May 17 at 1:48pm . >I>
Featured fan photo: A TREK Micro "best purchase." #showoffmyTDK
John Torres on Twitter
"@TDKpelformance Probably one of the best purchases I've made in a While.
#A12TREKMICRO'
TW ITTER.COM I BY JOHN TORRES
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May 15 at 2:39pm
Vt
Treat the graduate in your life to a gift that will really help them celebrate
graduation! Head on over to Best Buy and save $50 for the TREK 360
($129.99) or buy a TREK Micro at 50% off ($24.99) through May 16, 2015.
TREK 360: http://www.bestbuy.com/... /tdk-life-on-recordtrek._ ./8792012.p ...
TREK Micro: http://www.bestbuy.com/...ltdk-life-on-record-
' https:/twwwfacebook.corn/tdkperfonnance(3 1/5/201S 5:29:00 PM)
TOKperformance I Facebook
trek .. ./5114199.p...
@TDK
NO MORE SCHOOL.
NO MORE BOOKS.
NO MORE
TEACHERS
TELLING ME
TO QUIT
LISTENING TO
MY TREK .
TREK~
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IJ Sourav Saharay, Anthony Kimball, Patrizia Rlbonl and 5 others like this.
~ 1 share
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May 13 at 5'03pm V'>
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Could this be our future? Technology -+ design fans are going to want to
check these ideas out...
7 Futuristic floating cities that could save humanity
We've rounded up seven Incredible eco-friendly floating city designs that we could
call home someday soon.
INHl\BITAT COM I BY LUCY WANG
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rn Anthony Kimball Geoff Morrison, some inspiration?
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https,t/www.facebook.com/tdkperformance[3J/5/2015 5.29;00 PM)
TOKperformance
r.~ay
12 at 10:16am . •
TDKperformance I Facebook
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If you need a gift for the graduate in your life, we have just the gift for you!
Whether he or she prefers big or small bluetooth wireless speakers, pick
up a TREK 360 for $129.99 (save $50) or TREK Micro for $24.99 (50%
off). The perfect present is on sale now at Best Buy through May 16,
2015.
TREK 360. http://www.bestbuy.com/.. ./tdk.llfe-on-record-
trek .. ./8792012.p ...
TREK Micro: http:f/w.vw.bestbuy.com/ .. ./tdk-life-on-recordtrek .. ./5114199.p ...
TREK~
lRiK 360
•
TREKM!nl
NO MORE SCHOOL. NO MORE BOOKS.
NO MORE TEACHERS TELLING ME
TO QUIT LISTENING TO MY TREK.
/
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o Miranda Godvllet, Ron Porter, Anthony Kimball and 4 others like this.
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May 8 at 5:55am . -
Need a last minute gift for Mother's Day? Consider giving her a Bluetooth
speaker she can use indoors AND outdoors: http:f/techdissected.com/
.. . /last-minute-mothers-day-gift-id. . ./ TREK A26 review via TechDissected
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TDKperfonnance I Facebook
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May 6 at 5:51pm ~
Students: With finals week upon us, you may need some time to take a
mental break from studying. What better way to tune out during a short
break than with your favorite music on a TREK wireless weatherized
speaker. What types of music help you unwind?
Ten Songs to Survive Finals Week
Finals week Is upon us, and most of you college kids
are probably feeling the negative elfects of steep
deprivation and cram sessions. Let us know what
songs you've put on your own "finals" playfisl
PUREVOLUME COM I BY ALYSSA COLUCCIO
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May 1at 11:1 1am · tl4
Watch now to get to know our TREK Flex (http://bit.ly/1 DZwDOR) a little
better..
TDK LoR TREK Flex Wireless
Speaker
0
SUPERIOR SOUND. RAIN OR SHINE. The TDK Life
on Record TREK"' Flex speaker brings your music to
life no matter where you go. This speaker Is made to
move with ...
YOUTUBE.COM
https://www.faceoook.com/tdkperfonnance(3 l /S/20 IS 5:29:00 PM]
TDKperformance I Facebook
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Wilfred Pulgar, Anthony Kimball, Molly-Jo Brink and 1Oothers like this .
TDKperfonnance shared Lance Bass 's photo .
April 30 · 't'
#TBT #ltsGonnaBeMay
Lance Bass
Another for good measure! #ltsGonnaBeMe @DirtyPopLive
http:/lwww.whosay.com/l/HxnavOr
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6
Anthony Kimball, Molly -Jo Brink an<! Gavin Haats like this.
TDKperformance
•
April 28 . Edited . -!It
Whafs on your playlist this week? Perhaps Blur's new album, releasing
today?
https.J!www.facehook.com/tdkpcrfonnance[31/5/2015 5.29:00 PM]
TDKperfonnance I Faceboolc
Blur Announce 'The Magic Whip,' First New Album in
12 Years
Hong Kong-inspired 12-traek LP recorded in seCfecy over five days follOwlng
canceled gig
ROLLINGSTONE.COM
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t:J Wilfred Putgar and Anthony Kimball like this.
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View summary
TDKperformance . May 28
Planning a camping trip? Our TREK family of
speakers are perfect companions (TREK
Micro: _amazon.com/gp/producUBOO ... )
https://twitter.com/tdkperformancc[3 1/5/2015 5:29:40 PM]
TDK (@TDKperformance) I Twttter
View photo
0
0
D
D
TDK
TDKperformance
May 26
Need some inspiration for your summer festival planning? Check out our
•
•
favorite festival guide from @Fest300: _fest300.com
0
D
D
0
TDK
TDKperformance · May 21
Featured fan photo: the rugged TREK Max.
#showoffmyTDK
Adam Colgan @nerdenator
@TDKperformance The best Bluetooth speaker. Its rugged,
water res istant, and sounds jaw dropping the TOK A34
•
0
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TDK
TDKperformance
CJ
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May 19
A little design for your day - ".. .each piece
feels like a complex mathematical puzzle" -
https:/ltwitter.com/tdkperform(lllce[31/5/2015 5:29:40 PM)
TDK (@TDKperformance) I Twitter
via @designmilk _ow.ly/NSUHQ
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TOK
TOKperformance May 17
TDK
•
•
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Featured fan photo: A TREK Micro "best purchase." #showoffmyTDK
ow_ly/MXSdG
D D
•
Cl
D
D
TDKperformance · May 16
Last day to save $50 on the TREK 360 or 50% off the TREK Micro
@BestBuy! More Details: _ow.ly/MRFkE
0
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D
TDK
TDKperformance ·May 15
D
Congrats to the #classof2015. Celebrate the big day with the TREK 360
(.ow.ly/MUchY) or TREK Micro (_ow.ly/MUdw5}
D
D
D
TDK
TDKperformance
0
May 14
Decisions, decisions ... will the recent
graduate in your life prefer a big or small
bluetooth wireless speaker?
View photo
http5://twitter.c-0m/tdkperformancc(3 1/5/2015 5.29:40 PMf
TDK (@TDKperformance) I Twitter
OTDK
..............
TREK
TREK 360
•
TRE<t.tlftl
NO MORE SCHOOL. NO MORE BOOKS.
NO MORE TEACHERS TELLING ME
TO QUIT LISTf:NI ~G TO MY TREK.
TDK
•
TDKpe>10rmance
May 13
Could #floatingcities be in our future?
Technology + design fans are going to want
to check out this cool project:
inhabitat.com/7-futuristic-f____ ...
View summary
•
D
l=i
l=i
TDK
TDKperform ance
D
May 12
The perfect #grad present-TREK Micro-is on sale for $24.99 (50% off)
at Amazon ( ow.ly/MR6Y7) & Best Buy (.ow. ly/MR6Y7)
View summary
D D
TDK
•
D
D
TDKperformance · May 12
GRAD GIFT ALERT: The TREK 360 bluetooth wireless speaker on sale
now at Best Buy bestbuy_com/s1te/tdk-life - . ·---- -...
D D
D
0
https://twitter. com/tdkpcrformancc(31/5/2015 5:29,40 PM)
TDK (@TDKperformance) I Twitter
TDK
•
TDKperformance
May 9
Need a last minute gift for #MothersDay? Give your mom a Bluetooth
speaker she can use indoors AND outdoors:
techdissected.com/editorials-and ______.- · ..
View summary
0
D
D
TDK ( TDKperformance
•
D
May 8
Consider the TREK A26 Wireless Portable
Speaker for # MothersDay
.techdissected .com/editorials-and _...... ... .
Review via @Tech Dissected
View photo
•
0
D
TDK
0
lDKperformance · May 8
Music Breakl Take a short break this afternoon with your favorite music
on a T REK wireless weatherized speaker J dkperformance.com/en us/speakers/
D D
TDK
•
Cl
D
TDKperformance
D
May 7
Here's a good list of 10 songs to help you survive finals:
_purevolume.com/news/ PureVolum _ ... via @ PureVolume What's on
your #FinalsWeek playlist?
D
D
D
0
https/ftwitter.corn/tdkperformnnce[J l/5/2015 5:29:40 PM]
TDK (@TDK performance) I Twitter
TOK
TDKperformance 11.1ay 6
Students: With #FinalsWeek upon us, you may need some time to take a
mental break from studying. What types of #music help you unwind?
•
D
D
D
TOK
TDKperformanc.e · May 5
D
Nice #showoffmyTDK shot! RT @Madestp
Listening to 2 Trekmicro bluetooth stereo
speakers <3 # inawe ...
•
View photo
D D
D
l I TDK retweeted
Tech Dissected
~
~
D
TechDissected . MaY 5
Hey @ TDKperformance We've featured you in our Mother's Day postl
Would you mind sharing with your followers?
.techdissected.com/editorials-and_··-·· __ ...
Vif!W summary
DCJCJD
https://tw1tter.com/tdlcperformancc(31/5/2015 5:29:40 PM]
SPRUSON & FERGUSON
Australia
Trade Marks Act 1995
IN THE MATTER of Trade Mark Application
No 1628227 TREK in the name of Imation
Corp.
EXHIBIT 7
The information in this exhibit is of commercial relevance to the Applicant.
Accordingly, I request that it be kept from disclosure under the Freedom of
Information Act 1982.
Annual Advertising Figues under the TREK Trade Mark
EXAMINERS WORKSHEET REVISED (2012)
FIRST REPORT
Formalities/Classification:
Not acceptable/Query/Other:
ok.
…………………………………………………………………..
Research:
If research has been conducted but not attached to file, indicate
the resources you used:
Research Facility
Internet
PBR
INN and INN Stem lists
Library
Register of Protected Geographical Indications and Other
Terms
Other, being
REMINDERS
Classification
Applicant
Address for Service
Representation of
mark
Expedite
Divisional
Series
Convention Claim
Description of mark
Geographical
S42/43
Certification
Defensive
Collective
Colour
Shape
Sound
Scent
If no section 41 research is conducted the examiner
acknowledges that they consider research unnecessary because
the trade mark is prima facie capable of distinguishing.
…………………………………………………………………..
Report:
Clear
s41
s44
s39/42/43
Other
Reasons:
s41: no issue.
S44: considered ITREK marks, because the goods are
electronic audio sytem and sound transmitting apparatus in the
nature of speakers etc, rather than telecom apparatus, different
to telecom services.
Also considered TREK TEK, which claiemd toy
communication devices, goods are of different nature and will
be from different trade channel.
Cited VOICE TREK, mark within a mark, considering the
TKR Electronic decision. TREK is maintains dominant
impression.
SECOND REPORT (adverse or clear):
Reasons:
adverse: s44 cite 908083 maintained.
Raised late s44 on 1170121 and 1201248 TREKSTOR, stor as
an obvious misspelling of STORE and Trek is the prefix, marks
are deceptively similar. Consulted with LJF EL1 regarding
raising late cite.
Acceptance due date now extended to 11Feb 2016.
THIRD REPORT (adverse or clear):
Reasons:
Endorsements
Translation/Transliter
ation
Restrict to accord
Claim to Vary
Blank Space
Prohibited Mark
Rejection
Clear.
Consulted with team leader BYH regarding the evidence
submitted under s44(3)(a), agreed that the evidence is not
sufficient to overcome cites under Honest Concurrent use as
length of use not long enough. However, other circumstances
under s44(3)(b) is appropriate as the applicant has been using
the mark continousely, over all of Australia both online and in
retail stors, advertisment effort has been significant measured
by
annual advertisment spending and evidence
extracted the product being in stock available and promoted by
a number of large retailers national wide.
Other circumstances applied under s44(3)(b).
FOURTH & SUBSEQUENT REPORTS (adverse or clear):
Reasons:
The intranet page containing the Business Rules for the Examiners Worksheet can be
viewed here.
EVIDENCE SUMMARY SHEET s44(3)(b) / Reg 4.15A93)(b)
Other Circumstances including Letters of Consent
Application Number:
Citation(s):
Filing Date:
908083
2 April 2002
1170121
2 March 2007
1201248
21 May 2007
1628227
Evidence Summary
LETTER OF CONSENT (see Part 27: 3 of the Manual for more information):
1. Has sufficient information been provided to establish details of the relevant Trade Marks?
Such information should include application number/s and/or representation of the trade
mark(s) and the goods/services being consented to.
2. Owner supplying consent corresponds to name on database/s
3. Signatory to letter is owner of cited trade mark(s) or person authorised to sign;
4. Has unconditional consent to the use and registration of the trade mark been expressed?
NB: Some conditions may be acceptable if reflected in the application, for example,
geographical restriction and/or limitation of specification. (see Part 27.3.1 of the
Manual)
Have these requirements been met?
 Yes
Evidence of use provided by attorney in support of Honest concurrent use under section
44(3)(a). The period of use provided does not satisfy requirement of Honest Concurrent Use.
Other circumstances under section 44(3)(b) is more relevant consideration.
OTHER CIRCUMSTANCES (see Parts 27 and 28 of the Manual):
Reconsidered citation 908083 VOICE-TREK in light of other TREK marks co-existing on
the register, considered the marks sufficiently different. Also considering that
TREKSTOR although TREK is a prefix and key identifier of the marks, the degree of
likely confusion although present is not very strong. Evidence in support provided by
the applicant, indicates consistent use of the mark TREK internationally and Australia
wide. Goods bearing the trade marks TREK are available from large number physical
and online retailers nationally and internationally. Annual sales figure under the TREK
mark provided seems to represent Australian sales since entering the market in Oct
2013, an accumulative
in sales were recorded and total of
were spent in 2014 on advertising. Evidence shows that the goods bearing TREK trade
mark are readily available, declaration states at para 21 that the declarant is not aware
of any instances of confusion between good bearing the TREK mark in class 9 and
those good of the cited proprietor. Also considered that both TREKSTOR and TREK
are co-existing on the NZ register.
EXAMINER’S RECOMMENDATION
s44(3)(b)
EXAMINER’S REASONS:
 Applied
The degree of likely confusion is low, however the relative inconvenience would outweigh the
very limited likelihood of confusion. Reconsidered cite 908083 in light of the high number of
co-existence on the register. The evidence of use provided shows continued use of the mark
by the applicant since OCT 2013 and the large amount of annual advertisement spending.
S44(3)(b) / Reg 4.15A(3)(b) could be applied under the following conditions:
Clear under s44(3)(b) other circumstance based on the use provided and co-existence in the
market place.
S44(3)(b) entered and s44 letter to be sent once accepted.
Examiner : Sarah Wang
Date: 3 August 2015
REMINDERS:
- Add Endorsement
- Send S44 Letter(s) to cited owner(s) [except where there is no Australian address for
service]