#Atomic coffee maker prices registration#
#Atomic coffee maker prices free#

Robertson J inferred an intention to abandon the ATOMIC trade mark for ground coffee. However, this was historical use and Ms Notaras did not have any intention to supply ground coffee to consumers between the early 1970s and April 2015. However, the sale of coffee in half pound cans by Bon Trading was trade mark use of ATOMIC.

#Atomic coffee maker prices free#

Robertson J found that the supply of a small, free sample of ground coffee with instructions booklets for the ATOMIC coffee machines was solely to illustrate the grind of coffee required for those machines and not for the purpose of trade in coffee. The section 58 ownership ground of opposition failed. Section 58 Opposition ground – Respondent not trade mark owner Robertson J accepted most of the evidence of Mr De Marte for Barcelona and significantly that the choice of brand name was inspired by the Italian ATOMIC coffee machine, but it innocently commenced using the ATOMIC trade mark unaware of Ms Notaras’ rights in the ATOMIC mark. However, Mr De Marte only became aware of the sale in Australia by Bon Trading of the ATOMIC coffee machines some several years after the café opening when he happened to walk past the Bon Trading shopfront in Woollahra, Sydney and saw an ATOMIC coffee maker in the front window. Mr Michele De Marte of the Barcelona business became aware of the ATOMIC brand of stove top coffee maker prior to opening this café and acknowledged that the choice of the ATOMIC name in 2004 was influenced by the 1940s Italian designed Atomic stove top coffee machine together with the 1940s “Atomic age design era concept”, spanning the 1940s to 1960s, as well as 1940s European café atmosphere. The Respondent, Barcelona, had operated a café in South Perth, Western Australia under the brand name ATOMIC since September 2005. It has, and had promoted and sold coffee and accessories such as key rings and T-shirts under the ATOMIC trade mark. The Bon Trading Company business had also sold spare parts and provided repairs to coffee machines. Bon Trading Company has operated from its Woollahra, Sydney store since 1968. Ms Notaras’ business Bon Trading Company is the home of the ATOMIC coffee maker in Australia, having imported, promoted and sold in coffee machines under ATOMIC trade marks since 1964 with exclusive distribution rights from Mr Giordano Robbiati ‘s business.

Ms Notaras owned prior trade mark registrations covering non-electric coffee making machines in class 21 for ATOMIC word mark the following logo: The appeal deals with grounds of opposition under sections 44, 58 and 60 of the Trade Marks Act 1995 (Cth). The trade mark is endorsed with a geographical limitation to the State of Western Australia.

Class 43 – food and beverage related services.

Class 40 – coffee grinding and roasting services.

#Atomic coffee maker prices registration#

Ms Irene Notaras unsuccessfully appealed a decision of the Trade Marks Registrar, which refused her opposition to registration of Australian trade mark application no. Intellectual property issues associated with the ATOMIC coffee maker, continue to live on over 70 years after the original design, with a 2019 trade mark decision of the Australian Federal Court Notaras v Barcelona Pty Limited FCA 4 (10 January 2019).

OTTO created a re-imagination or tribute to the ATOMIC coffee maker with a look-a-like but functionally different product, under the brand THE LITTLE GUY.

Ikon Exports faithfully reproduces the original ATOMIC coffee maker under the brand LA SORRENTINA.

Well and truly now off-patent, the ATOMIC coffee maker is “replicated”, interestingly by two Australian businesses, which likely reflects its cult status in Australian café culture: Reflecting its innovation, the ATOMIC coffee maker was originally the subject of patent protection with patents in the United Kingdom, the United States of America and various European countries.

The ATOMIC Coffee Maker was designed by Giordano Robbiati in 1946 in Milan, Italy. It is highly distinctive and represents everything cool and timeless about Italian design. Form and function. If you know an Australian coffee connoisseur, chances are that you will have encountered the beautiful and shapely ATOMIC coffee maker proudly on display as a well used coffee machine and / or sculptural object. It is the birthplace of the flat white (although some New Zealanders would challenge that claim see Flat White) and home to many passionate coffee consumers. Australia arguably has the world’s most advanced café culture.