Atlas Copco Construction Tools AB v Rambour Logisitics & Asset Management Pty Ltd

[2016] ATMO 114

TRADE MARKS ACT 1995

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS

Re:Opposition by Atlas Copco Construction Tools AB to application under section 92 of the Act by Rambour Logistics & Asset Management Pty Ltd to remove trade mark application number 988816 (7) - COBRA - filed in the name of Atlas Copco Construction Tools AB.

Delegate:

Cristy Condon

Representation:

Opponent: Daniel Wilson of Spruson & Ferguson Intellectual Property

Applicant: Tim Marshal of Marshall Marks

Decision:

2016 ATMO 114

Trade Marks Act 1995 (Cth) section 92(4)(b) - application for removal for non-use: Opponent has shown use in relation to some of the goods; discretion applied for a narrow range of other goods; application for removal partially successful.

Background

1. On 16 February 2015 Rambour Logistics & Asset Management Pty Ltd (‘Removal Applicant’) filed an application under subsection 92(4)(b) of the Trade Marks Act 1995 (Cth) (‘Act’) for the removal from the Register of the trade mark registration in the name of Atlas Copco Construction Tools AB (‘Removal Opponent’) which appears below in its current form[1]:

   Registration No.:  988816

   Filing Date (‘priority date’)      12 February 2004

   Goods/Services:  Class 7: Machines and machine tools; portable combustion gas driven, combustion motor driven and electrical tools and machines for drilling, digging, stone and concrete splitting, asphalt and concrete breaking, pile and sheet driving, spade and pipe driving, vibrating, tamping, tie-tamping, ballast tamping, fencing; rammers; rock drill carriages, rock drill feeding mechanisms, drill steel sharpening machines, as far as included in this class; back fill tamping machines; and parts and fittings included in class 7 for all the aforementioned goods (‘Goods’)

   Trade Mark:  COBRA (‘Trade Mark’)

   [1] At the time of filing the application for the Trade Mark included a claim for goods in class:8.  This was deleted at the request of the Removal Opponent subsequent to the filing of the removal action. 

2. The application is made in respect of all of the goods for which the Trade Mark is currently registered, that is, the application is for the complete removal of the Trade Mark.

3. In due course the Removal Opponent filed a Notice of Intention to Oppose the application and a Statement of Grounds and Particulars which particularised the following reasons for opposing removal of the Trade Mark:

   1. The Opponent is the owner of the trade mark “COBRA” (“Trade Mark”) and has extensively used and acquired a reputation in the Trade Mark in Australia and overseas. The Opponent first used the Trade Mark overseas in the late 1950s and in Australia as early as 1966.

   2. The Trade Mark has been continuously used in Australia by the Opponent during the three years ending on 16 January 2015 (the “Relevant Non-Use Period”) in relation to goods the subject of Registration No. 988816.

   3. The Trade Mark has been used during the Relevant Non-Use Period in connection with goods covered by Registration No. 988816, including in the form of sales of the goods offered under the Trade Mark, promotion of the goods offered under or by reference to the Trade Mark on the Internet and in print advertisements.

   4. The Opponent carries on business in many countries around the world in which the Trade Mark is used, including during the Relevant Non-Use Period.

   5. In the circumstances, the Opponent has used the Trade Mark in good faith during the Relevant Non-Use Period in relation to goods covered by Registration No. 988816.

   6. In any case, the Registrar should exercise her discretion not to remove the Trade Mark pursuant to section 101(3) of the Trade Marks Act 1995.

4. Only the Removal Opponent has filed evidence in support of the opposition to the removal of the Trade Mark as provided for by the Trade Mark Regulations 1995 (‘Regulations’).  Both the Removal Opponent and the Removal Applicant have requested a hearing.

5. Now the matter has been passed to me for my decision as a delegate of the Register of Trade Marks.  The parties were directed to provide written submissions.  The Removal Opponent lodged its written submissions on 5 October 2016 and the Removal Applicant lodged its written submissions on 12 October 2016.  I conducted the hearing in Canberra on 19 October 2016.  The Removal Opponent was represented by Daniel Wilson of Spruson & Ferguson Intellectual Property.  The Removal Applicant was represented by Tim Marshall of Marshall Marks.  

Legislative framework.

Section 92

1. Grounds for removing registered trade marks on the basis of non-use may be found in section 92 of the Act which relevantly provides:

92  Application for removal of trade mark from Register etc.

(1)Subject to subsection (3), a person may apply to the Registrar to have a trade mark that is or may be registered removed from the Register.

(2)The application:

(a)    must be in accordance with the regulations; and

(b)    may be made in respect of any or all of the goods and/or services in respect of which the trade mark may be, or is, registered.

(3)An application may not be made to the Registrar under subsection (1) if an action concerning the trade mark is pending in a prescribed court, but the person may apply to the court for an order directing the Registrar to remove the trade mark from the Register.

(4)An application under subsection (1) or (3) (non‑use application) may be made on either or both of the following grounds, and on no other grounds:

(a)…

(b)  that the trade mark has remained registered for a continuous period of 3 years ending one month before the day on which the non‑use application is filed, and, at no time during that period, the person who was then the registered owner:

(i)used the trade mark in Australia; or

(ii)used the trade mark in good faith in Australia;

in relation to the goods and/or services to which the application relates.

(5)If the right or interest on which a person relied to make an application (under subsection (1) or (3)) to obtain the removal of a trade mark from the Register becomes vested in another person, the other person may, on giving notice of the relevant facts to the Registrar or the court (as the case requires), be substituted for the first‑mentioned person as the applicant.

Section 100

1. Section 100 of the Act provides that the burden of proof lies on the Removal Opponent to establish that it has used the Trade Mark during the relevant period. The relevant sub-section is reproduced below.

   100 Burden on opponent to establish use of trade mark etc

   (1)In any proceedings relating to an opposed application, it is for the opponent to rebut:

   (a)…

   (b)…

   (c) any allegation made under paragraph 92(4)(b) that the trade mark has             not, at any time during the period of 3 years ending one month before the        day on which the opposed application was filed, been used, or been used in           good faith, by its registered owner in relation to the relevant goods and/or services.

   Note 1: If the registered owner of the trade mark has authorised another person to use it, any authorised use of the trade mark by that person is taken to be a use of the trade mark by the registered owner (see subsection 7(3)).

   Note 2: For file, month and registered owner see section 6.

2. Accordingly, for the purposes of s 92(4)(b) the Removal Opponent has the onus of rebutting the allegation of non-use by establishing that the Trade Mark was used in good faith in relation to the goods during the three year period ending on 16 January 2015 (‘relevant period’). An allegation under s92(4)(b) may also be rebutted by establishing that there was an obstacle to use during the relevant period (per s 100(3)(c)).

3. Use in good faith must be genuine commercial use to accord with the test in Imperial Group Ltd v Philip Morris & Co.[2]  A single bona fide use of the Trade Mark during the relevant period may be sufficient to defeat the application for removal.[3]  In the absence of use, the Registrar’s discretion may be evoked to leave the Trade Mark on the Register.[4]

   [2] [1982] FSR 72, [83].

   [3] Woolly Bull Enterprises Pty Ltd v Reynolds [2001] FCA 261, per Drummond J [17].

   [4] s101(3) the Act.

   101  Determination of opposed application—general

   (1)Subject to subsection (3) and to section 102, if:

   (a)    the proceedings relating to an opposed application have not been discontinued or dismissed; and

   (b)    the Registrar is satisfied that the grounds on which the application was made have been established;

   the Registrar may decide to remove the trade mark from the Register in respect of any or all of the goods and/or services to which the application relates.

   (2)Subject to subsection (3) and to section 102, if, at the end of the proceedings relating to an opposed application, the court is satisfied that the grounds on which the application was made have been established, the court may order the Registrar to remove the trade mark from the Register in respect of any or all of the goods and/or services to which the application relates.

   (3)If satisfied that it is reasonable to do so, the Registrar or the court may decide that the trade mark should not be removed from the Register even if the grounds on which the application was made have been established.

   (4)Without limiting the matters the Registrar may take into account in deciding under subsection (3) not to remove a trade mark from the Register, the Registrar may take into account whether the trade mark has been used by its registered owner in respect of:

   (a)    similar goods or closely related services; or

   (b)    similar services or closely related goods;

   to those to which the application relates.

   Note 1:       If the registered owner of the trade mark has authorised another person to use it, any authorised use of the trade mark by that person is taken to be a use of the trade mark by the registered owner (see subsection 7(3)).

   Note 2:       For registered owner see section 6.

4. The burden of proof is the ordinary civil standard of the balance of probabilities.[5]  I shall turn now to the evidence before me.

   [5] Pfizer Products Inc. v Karam [2006] FCA 1663 and more recently: Telstra Corporation Limited v Phone Directories Company Pty Ltd [2015] FCAFC 156.

Evidence

1. The evidence filed in accordance with the Regulations consists of one declaration which has been filed by the Removal Opponent and is that of Glenn Illingworth dated 28 September 2015 with Exhibits GI-1 to GI-3, GI-6 and GI-8 and Confidential Exhibits GI-4, GI-5 and GI-7 (‘Illingworth’).

The Removal Opponent

1. I shall digress for a moment to deal with a preliminary matter regarding the Removal Opponent’s request that Illingworth together with Confidential Exhibits GI-4, GI-5, GI-7 and Exhibits GI- 2 and GI-8 be kept confidential.  Illingworth, which includes publically available information such as content of the Removal Opponent’s Website and other third party websites, is claimed to be confidential.  I adopt the approach of the Delegate in Source Homeloans Pty Ltd v Coles Group Ltd, who when dealing with a similar issue stated:

   The confidentiality claim obviously extends to the whole of the evidence led in support of the opposition. It is not clear to me how I could decide this matter without discussing the evidence the opponent has served and filed in support of its opposition. The onus in these proceedings is on the opponent to establish its grounds of opposition, at least to my satisfaction. Seemingly barred from any discussion of the opponent’s statements and exhibits and the weight that I attach to them if I were to lend credence to the claim, my hands would appear to have been effectively tied. Prima facie, the easiest way out of the dilemma would be to accede to the opponent’s wishes and find that it has not established its opposition. Thus, if I were to take Mr Peter’s request (made within several declarations) at face value, that would be the end of these matters.

   This position, obviously, is extreme, since the opponent has filed this evidence in support of its opposition and must expect the evidence to be discussed and weighed. It will be sufficient for me to say, in setting out my reasons for my decision, that there are arguably commercially sensitive matters in the evidence that I do not need to discuss in detail (and, if I do, my consolation lies in the fact that the opponent in not being specific in its request has brought the problem upon itself). None the less, the evidence of the parties as a whole satisfies me of various things, which I will set out under the appropriate headings below.[6]

   [6] Source Homeloans Pty Ltd v Coles Group Ltd [2008] ATMO 17, [5]-[6].

2. I will continue to refer to Illingworth in the most general terms and I will refrain from discussing commercially sensitive information where possible (particularly the material in the Confidential Exhibits).

3. A summary of the evidence in Illingworth follows: Mr Glenn Illingworth is the Business Line Manager Construction Tools of Atlas Copco Australia Pty Limited (‘Copco Australia’) and he has been in its employ for 20 years.  Copco Australia is a fully controlled and wholly owned subsidiary of Atlas Copco AB (‘Atlas’).  The Removal Opponent is also a wholly owned subsidiary of Atlas.  Illingworth states that he is authorised to make this declaration on behalf of the Removal Opponent and the facts in the declaration have been obtained from the books and records of the Removal Opponent’s Australian entities, sales representatives or distributors, his personal knowledge or the public record:

   Atlas is a world leading provider of industrial productivity solutions with a presence in over 180 countries. Atlas produces a large range of machines, machines tools and hand tools, including compressors, vacuum solutions and air treatment systems, construction and mining equipment, power tools and assembly systems.

   In Australia, Atlas has over 40 sales and service locations nationwide offering sales, parts and service facilities and support, including machine sales and rentals, maintenance plans, emergency break down repairs and spare parts.

   Atlas operates a website from the domain name atlascopco.com.  For Australian IP addresses, the website hosted at this domain automatically redirects to the website hosted at the Australian domain name atlascopco.com.au (the Atlas Australian Website).

   Now produced, shown to me and marked Exhibit Gl-1 is a printout from the Atlas Australian Website listing a range of the goods available from Atlas in Australia.

   […]

   The Trade Mark was first adopted by Atlas for use worldwide in Sweden in the 1950's and use has since expanded worldwide. In Australia, the Trade Mark was first used in 2009 and has remained in continuous use Australia-wide since that time.

   The Trade Mark is applied directly to Atlas' goods and is also used in relation to the marketing and promotional materials related to the Goods. Now produced, shown to me and marked Exhibit Gl-2 are photographs of how the Trade Mark appears on the goods and in some promotional materials.

   Now produced, shown to me and marked Exhibit Gl-3 are extracts from the Atlas Australian Website demonstrating use of the Trade Mark.

   Now produced, shown to me and marked Confidential Exhibit Gl-4 are partially redacted invoices issued by Atlas demonstrating sales of goods under the Trade Mark throughout the Relevant Period in Australia.

   Also during the Relevant Period, Atlas has enjoyed significant sales of its goods bearing the Trade Mark in Australia. Now produced, shown to me and marked Confidential Exhibit Gl-5 is a table outlining the approximate annual turnover of goods in Australia and worldwide under the Trade Mark.

4. Illingworth also states that the Trade Mark was advertised and promoted in trade magazines and publications during the relevant period.  The Trade Mark was promoted on the Removal Opponent’s goods by attendance at a number of industry events and expos including:  Hire and Rental show 2012, CME Show 2012, Coates Conference 2013 and Hire and Rental Show 2014.  Exhibit GI-6 contains photos from these events and expos (I can see jack hammers and/or hand held tamping machines in some of the photos as well as other machinery but I cannot see the Trade Mark in use in relation to the goods in any of the photos.  The only visible trade mark is ‘Atlas Copco’).

5. Confidential Exhibit GI-7 contains the approximate annual advertising and promotional expenses incurred during the relevant period.  I note that these figures are not substantial when one considers the many different goods registered under the Trade Mark.

6. Exhibit GI-8 contains screenshots of third party websites obtained from the Internet Wayback machine and show use of the Trade Mark on the Removal Opponent’s goods.

The Removal Applicant

1. The Removal Applicant is the owner of pending Australian trade mark applications 1506404 KING COBRA and 1506407 and it is seeking registration for goods in classes 7 and 8 and services in class: 37.  It is also the owner of registered trade mark 675910  and this registered trade mark protects a much narrower range of goods in classes 7 and 8 than the claims in the pending applications for a trade mark.[7]  The Trade Mark is a barrier to the acceptance of the Removal Applicant’s pending trade marks.

   [7] Please refer to Attachment A for the details of the Removal Applicant’s trade marks.

2. The Removal Applicant submits:

   In summary, the only parts of the Illingworth Declaration that may conceivably offer any evidence of any use of the Mark on the Goods during the Non-use Period for the purposes of rebutting the non-use allegations are in para 15 and Confidential Exhibit GI-4 (invoices) and para 22 and Exhibit GI-8 (Wayback Machine extracts), and even then that evidence is far from conclusive and has significant deficiencies. The remainder of the evidence in the Illingworth Declaration has serious defects…

   The evidence provided in the Illingworth Declaration, when looked at in the most favourable light for the Opponent, could only conceivably support rebuttal of the non-use allegations on a very, very limited range of class 7 goods currently covered by the Registration, as set out below in the mark-up of the specification of the Registration (the “Restricted Specification”):

   Class 7 – Machines and machine tools being; portable combustion gas     driven, combustion motor driven and electrical tools and machines petrol               powered jack-hammers for drilling, digging, stone and concrete splitting,               asphalt and concrete breaking, and pile and sheet driving, spade and pipe             driving, vibrating, tamping, tie-tamping, ballast tamping, fencing; rammers;         rock drill carriages, rock drill feeding mechanisms, drill steel sharpening     machines, as far as included in this class; back fill tamping machines; and             parts and fittings included in class 7 for all of the aforementioned goods

Discussion and Reasons

1. As indicated earlier, the question under s 92(4)(b) deals with actual use of the Trade Mark in Australia during the relevant period, being a three year period ending 1 month before the day on which the non-use application was filed. S 93(2) of the Act provides that such an application cannot be filed before a period of 5 years has passed from the filing date in respect of the application for the registration of the Trade Mark and I confirm that five years since the filing of the application have in fact passed.

2. I must first consider whether or not the Trade Mark has been used in good faith during the relevant period and, if not, whether the Removal Opponent has established that there were any obstacles to that use. 

Evidence of Use in the Relevant Period

1. I am satisfied on the balance of probabilities that the Removal Opponent has demonstrated use of the Trade Mark on petrol powered jack hammers and hand held tampers within the relevant period.  The redacted invoices in Exhibit GI-4 establish that during the relevant period the Removal Opponent sold goods under the names ‘COBRA TT’ (item number 8318070043), ‘COBRA PRO HEX’ (item number 8318070035) and ‘COBRA PRO HEX’ (item number 8318070039) which can be identified on the Removal Opponent’s website as petrol powered jack hammers and hand held tampers.

1. Exhibit GI-6 contains photos of the Removal Opponent’s presence at expos and trade shows but the Trade Mark does not appear in any of the photos.  Only the trade mark ‘Atlas Copco’ is visible on signage and some of the goods.  Exhibit GI-8 shows the Trade Mark being used in relation to jack hammers and hand held tampers but again the webpages are dated outside the relevant period do not show use of the Trade Mark on Goods other than jack hammers and hand held tampers. 

2. Although the Removal Opponent has provided a number of other Exhibits and Confidential Exhibits they do not measurably help the Removal Opponent’s case in relation to showing actual use in the relevant period because they are all either undated (Exhibit GI-2), outside the relevant period (Exhibit GI-3), or contain sales figures (Exhibit GI-5) and advertising expenditure that are not broken down to goods (Exhibit GI-7).  I am therefore in the difficult position of not being able to determine to which goods the figures relate.

3. Moreover, I concur with the reasoning in Ion Management Ltd v Ion Trading UK Limited[8] where the delegate stated undated examples of use carry little, if any, weight in support of a claim for use of a trade mark within the relevant period. In the matter at hand, I am unable to determine from the undated exhibits or the invoices whether the Trade Mark has been used by the Removal Opponent in relation to the entirety of the Goods during the relevant period. In addition, no obstacles to use have been identified by the Removal Opponent (per s 100(3)(c)).

   [8] [2015] ATMO 124, [21].

4. Accordingly, I find it more probable than not that the Removal Opponent has used the Trade Mark in relation to the following goods in good faith during the relevant period:

   Class:7 petrol powered jack hammers and petrol powered hand held tampers for drilling, digging, stone and concrete splitting, asphalt and concrete breaking, spade driving, vibrating, tie tamping and ballast tamping. 

   (‘Traded Goods’)

5. It is therefore necessary that I consider whether or not to exercise the Registrar’s discretion under s 101(3) and leave the remaining goods on the Register.

Registrar’s Discretion

1. The Full Court in Austin, Nichols & Co Inc. v Lodestar Anstalt (‘Austin Nichols’) stated:

   The purpose of part 9 is to provide for the removal of unused trade marks from the Register. In that regard it is plainly designed to protect the integrity of the Register, and in this way, the interests of the consumer. At the same time, however, it seeks to accommodate, where reasonable, the interests of the registered trade mark owners. Otherwise, there would be no need for the discretion.[9]

   [9] Austin, Nichols & Co Inc v Lodestar Ansalt [2012] FCAFC 8, [38].

2. If a trade mark owner does not oppose the application for removal for non-use the trade mark concerned will be removed from the Register without further notice.  The Registrar has no discretionary power in regard to such unopposed application.  However, if a notice of opposition to the application for removal for non-use is filed then the Registrar has an discretion[10] under s101(3) to allow the trade mark to remain on the Register even if the ground on which the non-use application was made has been made out but only when it is reasonable to do so.[11] 

   [10] Pioneer Computers Australia Pty Ltd v Pioneer KK (2009) 176 FCR 300; 80 IPR 38; [2009] FCA 135 (‘Pioneer’), [167], [172] and [173].

   [11] Austin Nichols, [28].

3. In Pioneer [12]) Bennett J commented:

   The discretion under s 101(3) is a broad discretion to decide not to remove a trade mark from the Register or not to carve out some of the goods and services for which the mark is registered, even if s 92 grounds have been made out, if the court is satisfied that it is reasonable to do so. Irrespective of the lack of use of the trade marks on the removal goods and the removal services in the relevant period, there is a discretion not to alter the registrations.

   In Kowa Co Ltd at [98], Lander J rejected the submission that a party seeking the exercise of the discretion needs to show “exceptional circumstances”. In E & J Gallo at [198], Flick J agreed with Lander J that there is no requirement to establish exceptional circumstances. With respect, I also agree with Lander J that there is no warrant to read a requirement for exceptional circumstances into s 101(3).

   […]

   There is no limitation within s 101(3) on the discretion, nor any indication of the factors to be taken into account.

   […]

   Pioneer Computers relies upon the policy of the Act to facilitate the removal of an unused trade mark and the public interest in the integrity of the Register which, it submits, will generally demand the removal of an unused trade mark (Shanahan at [15.145]). However, as Shanahan also points out at [15.145], the underlying policy of the Act is to give the court sufficient flexibility to give effect to public interest considerations. This includes the flexibility not to order removal even though the trade mark is unused in the sense required by s 92. The authors suggest that removal may not be appropriate where, for example, the trade mark is nonetheless well-known either from earlier use or from advertising or publicity coming from abroad. A further consideration, as noted by McLelland J in Ritz Hotel and by the registrar in this case, is where removal could be “potentially conducive to public confusion”: Ritz Hotel at NSWLR 162; ALR 224; IPR 424.

   [12] [167].

4. As the delegate said in CUB Pty Ltd v Elixir Signature Pty Ltd[13]

   The factors which have been referred to by members of the judiciary in a number of removal decisions, including by Flick J in Gallo who considered them to be of assistance in considering the exercise of the discretion:

   • there had been no abandonment of the trade mark;

   • the registered proprietors of the mark still had a residual reputation in the mark;

   • there had been sales by the registered proprietors of goods for which removal was sought since the relevant period ended;

   • the applicants for removal had entered the market without having taken steps to ascertain from the Register whether anyone had a right to exclude their use of the mark;

   • the registered proprietors were not aware of the applicant’s sales under the mark. 

   [13] [2013] ATMO 74.

5. After thorough consideration of the evidence before me I find there is no reasonable reason or evidence before me that would enable an exercise of the Registrar’s discretion under s101 (3) to allow the Trade Mark to remain on the Register for all of the Goods.

6. In terms of the criteria at paragraphs 31 and 32 above, the Removal Opponent has not abandoned the Trade Mark but it has failed to establish sales or promotion of Goods beyond the Traded Goods outside the relevant period or a residual reputation resulting from use of the Trade Mark in relation to all of the Goods in the Australian market outside that time. 

7. I am satisfied that the appropriate exercise of the Registrar’s direction would be to retain the registration so as to include those Traded Goods which require electrical power.  Accordingly, I am satisfied that the removal action in respect of Trade Mark 988816 should partially succeed. 

Decision and Costs

1. I decide that the application for removal has been partially successful and Trade Mark 988816 will remain on the Register for:

   Class:7: electrical or petrol powered jack hammers and electrical or petrol powered hand held tampers for drilling, digging, stone and concrete splitting, asphalt and concrete breaking, spade driving, vibrating, tie tamping and ballast tamping. 

2. The amendment of the registration to limit it to the goods set out in paragraph 36 above will be processed one month from the date of this decision.  If the Registrar has been served with a notice of appeal before that time, I direct that the amendment to the Goods shall not occur until the appeal has been decided or discontinued.

3. Costs usually follow the event.  However, in this matter neither party has fully achieved its objectives so I decide that each party shall bear its own costs.

Cristy Condon

Hearing Officer

Trade Mark and Designs Oppositions & Hearings

12 December 2016

ANNEXURE A

THE REMOVAL APPLICANT’S TRADE MARKS

Trade Mark No:675910

Trade Mark:

Filing Date:23 October 1995

Status: Registered

Goods:

Class 7: Roof bolting machines for drilling holes, portable pneumatic equipment, parts and fittings for the aforesaid goods

Class 8: Rib drills and parts and fittings therefor

Endorsements: Provisions of subsection 44(4) applied.*

Trade Mark No:1506407

Trade Mark:

Filing Date:3 August 2012

Status: Under examination-Deferred

Goods and Services:

Class 7: Machines and machine tools; powered tools; pneumatic tools; hydraulic tools; hydraulic drills; rib drills; mining tools; drills; roofbolters; parts and fitting for the forgoing in this class; apparatus for use in the control of machines and machine tools (pneumatic or hydraulic); control valves being pneumatic apparatus; couplings for pneumatic apparatus; industrial control apparatus (pneumatic); industrial pneumatic tools; machines incorporating pneumatic apparatus; pneumatic control apparatus; pneumatic breaking tools (machines); pneumatic coil and strap nailing machines; pneumatic compressors; pneumatic cylinders; pneumatic distributors; pneumatic drills; pneumatic hammers; pneumatic jacks; pneumatic lifting apparatus (machines); pneumatic machines; pneumatic pumps; silencers; silencers for motors and engines; control valves being hydraulic apparatus; hydraulic control gear for valves; hydraulic control valves; hydraulic controls for automatically operating valves; hydraulic servo valves being parts of machines; hydraulic valves; hydraulic valves (parts of machines); hydraulic valves for regulating fluid streams; pneumatic control gear for valves; pneumatic control valves; pneumatic controls for automatically operating valves; pneumatically operable valves; power operated valves; power operated valves being parts of machines; pressure control valves being parts of machines; pressure controllers (valves) being parts of machines; pressure reducer valves (parts of machines); pressure regulating valves being parts of machines; pressure valves (parts of machines); valves for compressors; valves for engines; valves of metal (electrically operated); valves of metal (parts of machines); valves of metal for piping (parts of machines); valves operated automatically by hydraulic control; valves operated automatically by pneumatic control; valves operated by changes in pressure; clutches other than for land vehicles; electromagnetic clutches for machines (other than for land vehicles); free wheel clutches (other than for land vehicles); hydraulic clutches, other than for land vehicles; metal hoses for use in hydraulic systems in machines; non-metallic hoses for use in hydraulic systems in machines; pneumatic distributors; mufflers (parts of exhaust systems); mufflers (parts of machines); mufflers for motors and engines; turrets (parts of machines); turrets with radially extending machine tools; drill bits for machines; drill bits for rotary power tools; drill chucks (parts of machines); drill cooling apparatus (parts of machines); drill machines; drill presses being machines; drill sharpening machines; drill stands for drilling machines; drilling bits (parts of machines); drilling hammers; drilling heads (parts of machines); drilling machine supports; drilling machines; electric drilling machines; electric drills; holders for drilling tools (parts of machines); impact drills (machines or parts of machines); industrial boring machines for horizontal drilling; industrial drills (machines); machine tools for drilling; machines for drilling; masonry drills, other than hand operated tools; metallic tools (machine) for use in drilling of subterranean wells; power operated drilling tools; rock bits for drilling machines; rock drills (machine tools); rock drills (machines); rock drills (parts of machines); rotary drills (machines); rotary drills (parts of machines); air filled devices (jacks); electric jacks; hydraulic jacks; jacks (machines); lifting jacks (other than hand-operated); pneumatic jacks for operating machine tools; pneumatic jacks for operating machines; pneumatically operated lifting jacks (machines); power operated flexible jacks; power operated jacks; rack and pinion jacks; screw jacks (machines); vehicle trolley jacks (machines); clamps for machine tools; concrete pumps (machines); grout pumps; motor powered liquid pumps; motor pumps; motorised pumps; motors for use with pumps; pneumatic conveying pumps; pneumatic pumps; pressure pumps; pumps (parts of machines, engines or motors); grout pumps; grout mixers; cement mixers; cement pumps; adhesive mixers; adhesive pumps; mixing machines; intensifiers; pressure intensifiers; gear boxes being parts of machines; gear boxes for hydraulic transmissions (other than for land vehicles); gear boxes other than for land vehicles; baffles (parts of machines, engines or motors); ball bearings for motors; drive motors, other than for land vehicles; electric motors (other than for land vehicles); gear motors other than for land vehicles; geared electric motors, other than for land vehicles; hydraulic connectors (pipes) being parts of motors (other than for vehicles); hydraulic control apparatus for motors; hydraulic control gear for electric motors; hydraulic controls for machines, motors and engines; hydraulic engines and motors; hydraulic motors; machine motors; motors for machines; motors for use with pumps; pneumatic control apparatus for motors; floatation type oil-water separators; water separators; devices for tensioning cables; tension ratchets; drilling platforms; cable feeders; conveyor platforms; electric hand drills, portable drill stands(machines), portable drilling machines (electric), portable electric drills

Class 8: Hand tools and implements; hand tools; pneumatic hand tools; hydraulic hand tools; hand-held mining tools; hand-held drills; hand-held roofbolters; parts and fitting for the forgoing in this class; drill bits for hand operated tools; drill chucks (parts of hand-operated tools); drill holders (hand tools); drilling tips for hand-operated drills; ground drilling apparatus (hand-operated); hand operated drill presses; hand operated drill sharpeners; impact drills (hand-operated tools); industrial drills (hand-operated tools); masonry drills for hand operated tools; portable drill stands for hand-operated drills; rotary drills (hand-operated tools); rotary drills (parts of hand-operated tools); portable drill stands for electric drills; portable drilling machines (hand-operated); hand-operated jacks; hand-operated lifting jacks; vehicle trolley jacks (hand-operated); locking clamps (hand tools); manually operated clamps in the nature of hand tools; hand-operated apparatus for the maintenance of motors; hand-operated apparatus for the servicing of motors; tensioning ratchets (hand held)

Class 37: Rental or hire of tools, machines, machine tools, hand tools, drills, roofbolters, jacks, motors, clamps, geared motors and water separators; rental or hire of mining tools, machines, machine tools, hand tools, drills, roofbolters, jacks, motors, clamps, geared motors and water separators; installation, repair and maintenance of machines, machine tools, hand tools, drills, roofbolters, jacks, motors, clamps, geared motors and water separators; installation, repair and maintenance of machines, machine tools, hand tools, drills, roofbolters, jacks, motors, clamps, geared motors and water separators

Trade Mark No:1506404

Trade Mark :KING COBRA

Filing Date:3 August 2012

Status: Under examination-Deferred

Goods and Services:

Class 7: Machines and machine tools; powered tools; pneumatic tools; hydraulic tools; hydraulic drills; rib drills; mining tools; drills; roofbolters; parts and fitting for the forgoing in this class; apparatus for use in the control of machines and machine tools (pneumatic or hydraulic); control valves being pneumatic apparatus; couplings for pneumatic apparatus; industrial control apparatus (pneumatic); industrial pneumatic tools; machines incorporating pneumatic apparatus; pneumatic control apparatus; pneumatic breaking tools (machines); pneumatic coil and strap nailing machines; pneumatic compressors; pneumatic cylinders; pneumatic distributors; pneumatic drills; pneumatic hammers; pneumatic jacks; pneumatic lifting apparatus (machines); pneumatic machines; pneumatic pumps; silencers; silencers for motors and engines; control valves being hydraulic apparatus; hydraulic control gear for valves; hydraulic control valves; hydraulic controls for automatically operating valves; hydraulic servo valves being parts of machines; hydraulic valves; hydraulic valves (parts of machines); hydraulic valves for regulating fluid streams; pneumatic control gear for valves; pneumatic control valves; pneumatic controls for automatically operating valves; pneumatically operable valves; power operated valves; power operated valves being parts of machines; pressure control valves being parts of machines; pressure controllers (valves) being parts of machines; pressure reducer valves (parts of machines); pressure regulating valves being parts of machines; pressure valves (parts of machines); valves for compressors; valves for engines; valves of metal (electrically operated); valves of metal (parts of machines); valves of metal for piping (parts of machines); valves operated automatically by hydraulic control; valves operated automatically by pneumatic control; valves operated by changes in pressure; clutches other than for land vehicles; electromagnetic clutches for machines (other than for land vehicles); free wheel clutches (other than for land vehicles); hydraulic clutches, other than for land vehicles; metal hoses for use in hydraulic systems in machines; non-metallic hoses for use in hydraulic systems in machines; pneumatic distributors; mufflers (parts of exhaust systems); mufflers (parts of machines); mufflers for motors and engines; turrets (parts of machines); turrets with radially extending machine tools; drill bits for machines; drill bits for rotary power tools; drill chucks (parts of machines); drill cooling apparatus (parts of machines); drill machines; drill presses being machines; drill sharpening machines; drill stands for drilling machines; drilling bits (parts of machines); drilling hammers; drilling heads (parts of machines); drilling machine supports; drilling machines; electric drilling machines; electric drills; holders for drilling tools (parts of machines); impact drills (machines or parts of machines); industrial boring machines for horizontal drilling; industrial drills (machines); machine tools for drilling; machines for drilling; masonry drills, other than hand operated tools; metallic tools (machine) for use in drilling of subterranean wells; power operated drilling tools; rock bits for drilling machines; rock drills (machine tools); rock drills (machines); rock drills (parts of machines); rotary drills (machines); rotary drills (parts of machines); air filled devices (jacks); electric jacks; hydraulic jacks; jacks (machines); lifting jacks (other than hand-operated); pneumatic jacks for operating machine tools; pneumatic jacks for operating machines; pneumatically operated lifting jacks (machines); power operated flexible jacks; power operated jacks; rack and pinion jacks; screw jacks (machines); vehicle trolley jacks (machines); clamps for machine tools; concrete pumps (machines); grout pumps; motor powered liquid pumps; motor pumps; motorised pumps; motors for use with pumps; pneumatic conveying pumps; pneumatic pumps; pressure pumps; pumps (parts of machines, engines or motors); grout pumps; grout mixers; cement mixers; cement pumps; adhesive mixers; adhesive pumps; mixing machines; intensifiers; pressure intensifiers; gear boxes being parts of machines; gear boxes for hydraulic transmissions (other than for land vehicles); gear boxes other than for land vehicles; baffles (parts of machines, engines or motors); ball bearings for motors; drive motors, other than for land vehicles; electric motors (other than for land vehicles); gear motors other than for land vehicles; geared electric motors, other than for land vehicles; hydraulic connectors (pipes) being parts of motors (other than for vehicles); hydraulic control apparatus for motors; hydraulic control gear for electric motors; hydraulic controls for machines, motors and engines; hydraulic engines and motors; hydraulic motors; machine motors; motors for machines; motors for use with pumps; pneumatic control apparatus for motors; floatation type oil-water separators; water separators; devices for tensioning cables; tension ratchets; drilling platforms; cable feeders; conveyor platforms; electric hand drills, portable drill stands(machines), portable drilling machines(electric), portable electric drills

Class 8: Hand tools and implements; hand tools; pneumatic hand tools; hydraulic hand tools; hand-held mining tools; hand-held drills; hand-held roofbolters; parts and fitting for the forgoing in this class; drill bits for hand operated tools; drill chucks (parts of hand-operated tools); drill holders (hand tools); drilling tips for hand-operated drills; ground drilling apparatus (hand-operated); hand operated drill presses; hand operated drill sharpeners; impact drills (hand-operated tools); industrial drills (hand-operated tools); masonry drills for hand operated tools; portable drill stands for hand-operated drills; rotary drills (hand-operated tools); rotary drills (parts of hand-operated tools); portable drill stands for electric drills; portable drilling machines (hand-operated); hand-operated jacks; hand-operated lifting jacks; vehicle trolley jacks (hand-operated); locking clamps (hand tools); manually operated clamps in the nature of hand tools; hand-operated apparatus for the maintenance of motors; hand-operated apparatus for the servicing of motors; tensioning ratchets (hand held)

Class 37: Rental or hire of tools, machines, machine tools, hand tools, drills, roofbolters, jacks, motors, clamps, geared motors and water separators; rental or hire of mining tools, machines, machine tools, hand tools, drills, roofbolters, jacks, motors, clamps, geared motors and water separators; installation, repair and maintenance of machines, machine tools, hand tools, drills, roofbolters, jacks, motors, clamps, geared motors and water separators; installation, repair and maintenance of machines, machine tools, hand tools, drills, roofbolters, jacks, motors, clamps, geared motors and water separators