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EVIDENCE SUMMARY SHEET<br />

ss41(5)<br />

TRADE MARK NUMBER: 1391534 TRADE MARK: MULTITONE I-<br />

MESSAGE<br />

TYPE: (SFAS, Geog, Desc, Subj matt, etc)<br />

EVIDENCE SUMMARY:<br />

Have you considered:<br />

How the trade mark is being used (See Part 19A of the Manual):<br />

How the trade mark is being promoted:<br />

The geographical extent of the use: all states/territories of <strong>Australia</strong><br />

Duration of use (including date of first use, continuous use): use in Aus since 1975 of MULTITONE<br />

How substantial is the sales volume/turnover: moderate sales figures<br />

Unit cost: low-moderate<br />

How much has been expended on advertising:<br />

Goods/services the trade mark has been used on:<br />

Overseas use:<br />

Intended use:<br />

Other Circumstances:<br />

EXAMINER'S RECOMMENDATION/S: ss41(5) Applied Not Applied:<br />

REASON/S: While use has been established for tm 632330- MULTITONE in 1997, <strong>this</strong> mark<br />

covers a broader range of goods.<br />

ss41(5) could be applied under the following conditions : for a restricted range of goods<br />

Examiner : Sara Parr Date: 01/08/2012<br />

SUPERVISOR/TEAM LEADER COMMENTS:<br />

Supervisor:<br />

Date:<br />

__________________________________________________________<br />

Team Leader:<br />

Date:<br />

REMINDERS:


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