Axis AB v AXXSE Pty Ltd

[2022] ATMO 225

TRADE MARKS ACT 1995

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

Re:Oppositions by Axis AB to registration of trade mark application number 2132229 (class 9) – AxxS SAFE SECURE with device, trade mark application number 2132230 (class 9) – AxxS with device and trade mark application number 2132231 (class 9) – Axxs SAFE SECURE with device – in the name of AXXSE Pty Ltd

Delegate:

Katrina Brown

Representation:

Opponent: Herbert Smith Freehills

Applicant: Davies Collison Cave Pty Ltd

Decision:

2022 ATMO 225

Trade Marks Act 1995 (Cth) – oppositions under s 52 – grounds pursued under ss 42(b), 44 and 60 – no grounds established – trade marks to proceed to registration

Background

1. This decision is in respect of oppositions under s 52 of the Trade Marks Act 1995 (Cth) (‘Act’) by Axis AB (‘Opponent’) to the registration of the following trade marks (‘Trade Marks’):

Trade mark number	2132229	2132230	2132231
Trade mark	(‘230 Trade Mark’)
Applicant	AXXSE Pty Ltd (‘Applicant’)
Filing date	5 November 2020
Specification	2132229 Class 9: Computer software; Computer software (programs); Computer software for business purposes; Computer software for use in controlling machines; Computer software packages; Computer software platforms, recorded or downloadable; Computer software programs; Industrial computer software programs; Digitally controlled locks; Electric door locks; Electric locks; Electrical locks; Apparatus for controlling the operation of machines (electronic); Apparatus for monitoring electronic components; Apparatus for transmitting electronic signals; Cabinets adapted to contain electronic apparatus; Cards incorporating electronic chips; Cases adapted for electronic circuits; Cases adapted for electronic components; Casings for electronic devices; Circuits (electric or electronic); Consoles adapted for mounting units of electronic equipment; Databases (electronic publications); Electric or electronic control modules; Electronic access control installations; Electronic access control systems for interlocking doors; Electronic apparatus for controlling access; Electronic apparatus for relaying data; Electronic apparatus for remote control (other than remote controls for toys); Electronic apparatus for the transmission of data; Electronic apparatus for transmitting information; Electronic assemblies; Electronic circuit boards; Electronic circuits; Electronic components; Electronic control apparatus for electric motors; Electronic control apparatus for motors; Electronic control circuits; Electronic control installations; Electronic control systems; Electronic control units; Electronic controlling apparatus; Electronic devices for transmitting data; Electronic digital building automation systems; Electronic microprocessors; Electronic miniature relays; Electronic relays; Electronic system control apparatus; Housing specifically adapted for electronic sub-assemblies; Locks (electronic); Process control units (electronic); Touch pads (electronic); Transmitters for the transmission of electronic signals; Transmitters of electronic signals; Electric or electronic control stations; Electronic door locks; Electronic instruments for controlling systems associated with buildings; Electronic locks; Housing specifically adapted for electronic instruments; Locks, electric; Lock controllers (electric); Lock switches (electric); Locking apparatus (electric); Remote control locking apparatus; Electrically operated locking devices; Remotely controlled door locks; Metal locks (electric) 2132230 & 2132231 Class 9: Apparatus for controlling the operation of machines (electronic); Apparatus for monitoring electronic components; Apparatus for transmitting electronic signals; Cabinets adapted to contain electronic apparatus; Cases adapted for electronic circuits; Cases adapted for electronic components; Electric or electronic control modules; Electronic access control installations; Electronic access control systems for interlocking doors; Electronic apparatus for controlling access; Electronic apparatus for relaying data; Electronic apparatus for remote control (other than remote controls for toys); Electronic apparatus for the transmission of data; Electronic apparatus for transmitting information; Electronic assemblies; Electronic circuit boards; Electronic circuits; Electronic components; Electronic control apparatus for electric motors; Electronic control apparatus for motors; Electronic control circuits; Electronic control installations; Electronic control systems; Electronic control units; Electronic controlling apparatus; Electronic devices for transmitting data; Electronic digital building automation systems; Electronic microprocessors; Electronic miniature relays; Electronic relays; Electronic system control apparatus; Housing specifically adapted for electronic sub-assemblies; Transmitters for the transmission of electronic signals; Transmitters of electronic signals; Electric or electronic control stations; Electronic instruments for controlling systems associated with buildings; Housing specifically adapted for electronic instruments; Lock controllers (electric); Remote control locking apparatus (‘Applicant’s Goods’)

1. The applications for the Trade Marks were examined as required under s 31 of the Act. Acceptance of each of the Trade Marks was advertised on 6 April 2021.

2. The Opponent filed a Notice of Intention to Oppose each of the Trade Marks, followed by Statements of Grounds and Particulars (‘SGPs’) on 1 July 2021.

3. The Applicant filed a Notices of Intention to Defend each of the Trade Marks on 16 September 2021.

4. The Opponent filed the following declaration as evidence in respect of each of the oppositions:

• Declaration of Nils Olsson (Director of IP Rights at Axis Communications AB) made on 17 December 2021 with Exhibits 1 to 14 (‘Olsson Declaration’).

1. The Applicant filed the following declarations as evidence in respect of each of the oppositions:

• Declaration of Tony Lolis (Senior Trade Marks Counsel at Davies Collison Cave Pty Ltd) made on 23 March 2022 with Exhibits TVL-1 to TVL-8; and

• Declaration of Thomas Coogan (Director of Applicant) made on 22 March 2022 with Exhibits TC-1 to TC-2 (‘Coogan Declaration’).

1. The Coogan Declaration contains a clause to the effect that all the information within that declaration is confidential. I adopt the approach of the delegate in Source Homeloans Pty Ltd v Coles Group Ltd[1] and I will only discuss the Coogan Declaration to the degree necessary to provide sensible reasons for my decision.

   [1] [2008] ATMO 17, [5]–[6].

2. Once the time allowed for filing evidence ended, the Opponent requested that each opposition be determined without a hearing.

3. The matters have been allocated to me, a delegate of the Registrar of Trade Marks, to decide based on the material described in [3] to [6] of this decision.

Grounds of opposition, onus, and relevant date

1. In the SGPs, the Opponent nominated grounds under ss 42(b), 44 and 60 of the Act.

2. The Opponent bears the onus of establishing at least one of the grounds of opposition.[2] The standard of proof is the ordinary civil standard of the balance of probabilities.[3]

   [2] Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, [32] (Keane CJ, Stone and Jagot JJ).

   [3] Telstra Corporation Ltd v Phone Directories Co Pty Ltd [2015] FCAFC 156, [133] (Besanko, Jagot and Edelman JJ).

3. The date at which the rights of the parties are to be determined is 5 November 2020 (‘Relevant Date’) being both the filing and priority date of the Trade Marks.

Section 44

1. Section 44 of the Act relevantly provides:

   (1)  Subject to subsections (3) and (4), an application for the registration of a trade mark (applicant’s trade mark) in respect of goods (applicant’s goods) must be rejected if:

   (a)  the applicant’s trade mark is substantially identical with, or deceptively  similar to:

   (i) a trade mark registered by another person in respect of   similar goods or closely related services; or

   (ii) a trade mark whose registration in respect of similar goods   or closely related services is being sought by another person;   and

   (b)  the priority date for the registration of the applicant’s trade mark   in respect of the applicant’s goods is not earlier than the priority   date for the registration of the other trade mark in respect of the   similar goods or closely related services.

1. To succeed the Opponent must establish that the Trade Marks are substantially identical with, or deceptively similar to, another trade mark/s with an earlier priority date, in the name of a person other than the Applicant, in respect of similar goods or closely related services.

2. In the SGPs, the Opponent nominated the following trade marks as the basis for this ground of opposition (‘Opponent’s Trade Marks’).

Trade mark no.	Trade mark	Priority date	Specification
551224	3 Sep 1990	Class 9
551225	3 Sep 1990	Class 42
1057932	1 Oct 2004	Classes 9, 36, 42, 45
1151945	AXIS	21 Jun 2006	Class 9
1268620	1 Feb 2008	Classes 9, 16, 35, 41, 42, 45
1980818	AXIS (‘818 Trade Mark’)	22 Nov 2018	Classes 9, 35, 38, 41, 42, 45

1. The specification of each of the Opponent’s Trade Marks is set out in full in Annexure A to this decision.

2. From the information set out above, it is evident that each of the Opponent’s Trade Marks has a priority date which is earlier than the Relevant Date. I also confirm that each of the Opponent’s Trade Marks is held in a name other than that of the Applicant.

3. In determining the remaining issues under this ground of opposition, I will focus my discussion on the comparison between the 230 Trade Mark and the 818 Trade Mark. If I am not satisfied that s 44 is established in respect of those trade marks, I am unlikely to reach a different conclusion in respect of the other trade marks because they are identical (trade mark number 1151945 is identical to the 818 Trade Mark) or have additional points of differentiation and therefore have a higher degree of dissimilarity.

4. For present purposes it is sufficient to acknowledge that the 230 Trade Mark and the 818 Trade Mark both claim a variety of electronic apparatus in class 9, some of which are the same goods, others are goods of the same description.

Substantially identical

1. The relevant test for determining whether trade marks are substantially identical is set out in Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd (‘Shell’):

   they should, I think, be compared side by side, their similarities and differences noted and the importance of these assessed having regard to the essential features of the registered mark and the total impression of resemblance or dissimilarity that emerges from the comparison.[4]

   [4] [1963] HCA 66, [12] (Windeyer J).

2. The 230 Trade Mark consists of a dog device and the letters ‘AxxS’. The 818 Trade Mark consists of the known word ‘AXIS’. A total impression of resemblance does not emerge from the required comparison. There are differences between the trade marks that are unlikely to go unnoticed on a side by side comparison. Consequently, I do not consider the 230 Trade Mark to be substantially identical with the 818 Trade Mark.

Deceptively similar

1. Section 10 of the Act defines deceptively similar as:

   a trade mark is taken to be deceptively similar to another trade mark if it so nearly resembles that other trade mark that it is likely to deceive or cause confusion.

2. In Shell, Windeyer J provided the following insights on deceptive similarity:

   The marks are not now to be looked at side by side. The issue is not abstract similarity, but deceptive similarity. Therefore the comparison is the familiar one of trade mark law. It is between, on the one hand, the impression based on recollection of the plaintiff’s mark that persons of ordinary intelligence and memory would have; and, on the other hand, the impressions that such persons would get from the defendant’s [trade mark].[5]

   [5] Ibid [13].

3. As such, I must estimate the impression that a person of ordinary intelligence and memory would have of the 230 Trade Mark and of the 818 Trade Mark. I must consider the look, sound, and idea conveyed, allowing for imperfect recollection.

4. The word element of both the 230 Trade Mark and the 818 Trade mark consists of four letters, beginning with ‘AX’ and terminating in the letter ‘S’. However, this does not automatically amount to deceptive similarity. The question to be considered is whether the similarity gives rise to a real and tangible danger of confusion. In Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) O’Bryan J stated:

   That question is not answered simply by observing the degree of similarity (in the sense of the number of common words in the marks), but by considering the effect of the similarity. Attention must be given to the impression produced by the entirety of the marks, recognising that one word or feature of a mark can be more striking and memorable than another.[6]

   [6] [2021] FCA 328, [245].

5. The fact that each of the trade marks contains ‘AX’ and ‘S’ is not, in this instance, a sufficient basis to conclude that the trade marks are deceptively similar. Whilst there may only be a difference of one letter in the word elements, the substitution of that letter effectively transforms a string of individual letters (A-X-X-S) into a known word (AXIS).

6. The likely impression of the 818 Trade Mark is that of the ordinary English word ‘Axis’, pronounced as ‘ak-suhs’ and commonly understood to refer a line about which a rotating body, such as the earth, turns or a fixed line adopted for plotting graphs and the like. 

7. Contrastingly, the likely impression that a person of ordinary intelligence and memory would have of the 230 Trade Mark is of four individual letters spoken separately as ‘A-X-X-S’, or possibly spoken as ‘A, double X, S’.  Notably, it strikes me that double X is an unusual combination and that it is rather difficult to slur the letter ‘X’. I think it unlikely that the normal and ordinary pronunciation of the 230 Trade Mark would be ‘aks-iz’ or ‘ak-suhs’. Additionally, whilst the Coogan Declaration states that the Applicant choose the 230 Trade Mark as a play on the word ‘Access’, I do not think this would be obvious to an ordinary consumer of the goods.

8. Additionally, each of the trade marks must be considered in their entirety.[7] The 230 Trade Mark contains a device of a dog. It is a striking and memorable feature of the 230 Trade Mark and is likely to form part of the impression or recollection of the trade mark. It is a further point of differentiation between the 230 Trade Mark and the 818 Trade Mark.  

   [7] Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, [92] (Keane CJ, Stone and Jagot JJ).

9. For the above reasons, I am not satisfied that there is a real and tangible danger of deception or confusion. I do not consider the overall impressions of the trade marks to be deceptively similar. There are visual, aural and conceptual differences such that the trade marks are distinguishable when considered in their entirety.

10. The ground of opposition under s 44 of the Act has not been established.

Section 60

1. Section 60 of the Act provides:

   The registration of a trade mark in respect of particular goods or services may be opposed on the ground that:

   (a) another trade mark had, before the priority date for the registration of the first-mentioned trade mark in respect of those goods or services, acquired a reputation in Australia; and

   (b) because of the reputation of that other trade mark, the use of the first-mentioned trade mark would be likely to deceive or cause confusion.

2. To establish this ground of opposition, the Opponent must demonstrate the existence of a reputation in another trade mark in Australia at the Relevant Date. The Opponent must then establish that because of the aforesaid reputation use of the Trade Marks would be likely to deceive or cause confusion.

3. In the SGPs, the Opponent states that it has the requisite reputation in AXIS and AXIS COMMUNICATIONS.

Reputation

1. For the purposes of s 60 ‘reputation’ is ‘the recognition of the [trade mark] by the public generally’.[8] It has also been expressed as recognition of the other trade mark by a ‘significant’ or ‘substantial’[9] number of people or potential consumers. Reputation cannot be assumed; it must be established as a matter of fact by the Opponent[10] and it must exist at the Relevant Date. In Rodney Jane Racing Pty Ltd v Monster Energy Company it was observed that:

   The reputation of a trade mark has quantitative and qualitative dimensions. The quantitative dimension concerns the breadth of the public that are likely to be aware of the mark, which can be evidenced by the quantum of sales, advertising and promotion of goods or services to which the mark is applied. The qualitative dimension concerns the image and values projected by the trade mark, which affects the esteem or favour in which the mark is held by the public generally.[11]

   [8] McCormick & Company Inc v McCormick [2000] FCA 1335, [81] (Kenny J).

   [9] Renaud Cointreau & Cie v Cordon Bleu International Ltee [2001] FCA 1170, [75] (Moore, Tamberlin and Goldberg JJ).

   [10] ConAgra Inc v McCain Foods (Australia) Pty Ltd [1992] FCA 159, [77] (Lockhart J).

   [11] [2019] FCA 923, [83] (O’Bryan J).

1. Turning to the Opponent’s evidence in this matter, the Olsson Declaration states that the Opponent has continuously used AXIS in Australia since 1996 in respect of surveillance cameras, and since 2013 in respect of access control services. As such the Opponent is relying on approximately 24 years of use in respect of goods before the Relevant Date, and approximately 6 years of use in respect of services.

2. Global sales figures relating to use of AXIS have been provided for the period of 2014 to 2018. These figures are significant however there is no indication as to what percentage relates to Australia. Similarly, whilst the approximate market share of the Opponent’s AXIS branded goods and services in the Oceania region for 2016 to 2018 has been provided, there is no means to determine the market share in Australia.

3. The Opponent promotes it AXIS branded goods and services via numerous mediums including on the packaging of the goods, via print advertising and press releases, website advertising and social media. Examples of these promotional activities are exhibited to the Olsson Declaration. In respect of online advertising, it is declared that AXIS branded goods and services have been promoted on the global website ‘ and specifically targeted toward Australian consumers since 2018 via ‘ Whilst dated extracts from these websites have been provided, the Opponent has not provided any means to determine the exposure of these websites in the Australian market. Similar issues also apply to the social media, YouTube and third party articles, the latter of which appear to be niche publications and the Opponent has not provided any indication of circulation numbers or subscribers in Australia.  

4. I do note that the Opponent has provided a list of Australian resellers and distributors of AXIS goods and services as at 2018, and received a security industry award for excellence in Australia in 2015. Notwithstanding, in my opinion the evidence lacks the necessary specificity to establish, as a matter of fact, that AXIS or AXIS COMMUNICATIONS had acquired a reputation in Australia amongst a significant or substantial number of consumers.

5. Even if I were to proceed on the basis that the Opponent had demonstrated the existence of a reputation in Australia, that reputation would be very limited and in respect of the composite trade mark which is the subject of registration numbers 551224, 551225 and 1057932. Bearing in mind the very limited nature of any reputation, and the differences between the trade marks, I would not be satisfied that use of the Trade Marks would be likely to deceive or cause confusion.

1. The ground of opposition under s 60 has not been established.

Section 42(b)

1. Section 42(b) of the Act provides that a trade mark must be rejected if its use would be contrary to law.

2. In the SGPs, the Opponent asserts that use of the Trade Marks would be contrary to ss 18 and 29 of the Australian Consumer Law (‘ACL’) which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth). Additionally, the Opponent asserts that use of the Trade Marks would amount to the common law tort of passing off.

ACL

1. Section 18 of the ACL concerns conduct or representations that have, or are likely to, mislead or deceive. Section 29 of the ACL concerns representations that are false or misleading. These are stricter requirements than s 60 which can be established if the use is likely to cause confusion or wonderment.[12]

   [12] Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191, 198 (Gibbs CJ); Monster Energy Company v Mixi Inc [2020] FCA 1398, [33] (Stewart J).

2. As already established in respect of s 60, I am not satisfied that use of the Trade Marks in respect of the Applicant’s Goods is likely to deceive or cause confusion. It follows that, on the stricter tests posited by the ACL, I am not satisfied that use of the Trade Marks is likely to mislead or deceive or amount to a false or misleading representation.

Passing Off

1. Where use of a trade mark does not contravene s 18 of the ACL neither will it amount to the tort of passing off.

2. The relationship between passing off and s 52 of the now repealed Trade Practices Act 1974 (Cth) (‘TPA’) was addressed in Re Equity Access Pty Ltd v Westpac Banking Corporation:

   The scope for the operation of s.52 will thus be broader than that involved in the tort of passing off so that in a case such as the present where the claim is for the protection of the reputation in a name against the use of that name by another, failure to succeed under s.52 or s.53 will invariably mean that proceedings for passing off would likewise fail.[13]

   [13] [1989] FCA 506, [40] (Hill J).

3. Section 18 of the ACL is the equivalent of s 52 of the TPA.[14] The above comments are equally applicable to the relationship between s 18 of the ACL and the tort of passing off.

   [14] Primary Health Care Limited v Commonwealth of Australia [2017] FCAFC 174, [410] (Rangiah J).

4. As I have found that s 18 of the ACL has not been contravened, it follows that use of the Trade Marks does not amount to passing off.

5. The ground of opposition under s 42 of the Act has not been established.

Decision

1. Section 55 of the Act relevantly provides:

   (1) Unless subsection (3) applies to the proceedings, the Registrar must, at the end, decide:

   (a) to refuse to register the trade mark; or

   (b) to register the trade mark (with or without conditions or limitations) in respect of the goods and/or services then specified in the application;

   having regard to the extent (if any) to which any ground on which the application was opposed has been established.

2. The Opponent has not established a ground of opposition. Accordingly, trade mark numbers 2132229, 2132230 and 2132231 may proceed to registration.

3. If the Registrar is served with a notice of appeal. I direct that registration shall not occur until the appeal has been decided or discontinued and the disposition of the application should otherwise be in accordance with the Court’s order or direction.

Costs

1. Both parties have sought costs. It is usual for costs to follow the event, and I see no reason to depart from that principle.

2. In respect of trade mark number 2132229 I award costs against the Opponent in accordance with s 221 of the Act, in the amounts set out in Schedule 8 of the Trade Marks Regulations 1995 (Cth). In respect of trade mark numbers 2132230 and 2132231 I award reduced costs against the Opponent in the same manner as indicated in Hume Industries (Malaysia) Berhad v James Hardie & Coy Pty Ltd.[15]

   [15] [2001] ATMO 78.

Katrina Brown

Hearing Officer

Delegate of the Registrar of Trade Marks

21 December 2022

Annexure A

Trade mark number 551224

Class 9: Protocol converters, printer controllers, interface, printed circuit boards, printer emulation boards, page printers, electronic devices for use in combination with computers or as integrated parts of computers or in computer networks, all the aforementioned goods being for use in connection with computers and printer; and all other goods as are included in this class in connection with computers and printers, but specifically excluding computers and devices in this class used in combination with computers for recording sound, and also specifically excluding computer programs for use by the insurance industry

Trade mark number 551225

Class 42: Engineering drawing; technical research; licensing of know-how; computer hardware development; system design for computer equipment; specification work for computer systems; system integration; consulting services regarding micro-processors

Trade mark number 1057932

Class 9: Electrical apparatuses and instruments for input, processing, transferring, storing and output of data; magnetic data carriers; computer processing equipment; computers and mini computers; hardware, expansion cards, memories, peripherals and processors all for use together with computers, cameras, network video products and printers; CD-ROM servers, DVD servers, printer servers, servers for storage of data; camera servers, video servers; modems; printer controllers, protocol converters, multiplexers; computer interface boards, interfaces and adapting units (for computers); interface cards (integrated circuits), printed circuit boards, printer emulation boards; chips (integrated circuit); electronic devices for use in combination with computers or as integrated parts of computers or in computer networks, computer programs and software; apparatus for OCR, bar-code scanners; apparatus for recording, receiving, transmitting or reproducing sound and images, transmission and reproduction of information and images via global network and/or via other networks; cameras, digital cameras, network cameras and web cameras, video recorders and video players, network video products, wireless access points (network products); IP cameras; the aforementioned goods do not include compact discs

Class 36: Leasing of computer processing apparatus, computers, video recorders, network video products and cameras

Class 42: Professional consulting activities in the form of professional expertise (non business); technical expertise; computer consulting services regarding program design for microprocessors, updating of computer programs for text and data processing, consultation for product development; consulting activities in the form of testing and consultation for new products and development of new products; consultation in the field of computer hardware, computer software, system integration and recorded computer programs; designing computer systems, design and development of products (hardware and software) for others in the field of computers; technical consultation and research in the fields of computers, software and electronic data processing; engineering; supply of technical know how; industrial designing, computer programming, computer system analysis; software design; maintenance and support of software, updating software; licensing of software, licensing of know-how; licensing of intellectual property; hosting computer sites (web sites); maintaining and creating web sites for others

Class 45: Services concerning burglar alarms and security, security alarms and security systems

Trade mark number 1151945

Class 9:  Digital cameras; network cameras; web cameras; IP cameras

Trade mark number 1268620

Class 9: Computer processing equipment; computers and mini computers; hardware, expansion cards, memories, peripherals, namely, power over ethernet apparatus and splitters (both network products), electric cables and connectors (network products), power supplies and camera housings, and processors all for use together with computers, cameras, network video products and printers; CD-ROM servers, DVD servers, printer servers, servers for storage of data; camera servers, video servers; modems; printer controllers, protocol converters multiplexers; computer interface boards, interfaces and adapting units (for computers); interface cards (integrated circuits), printed circuit boards, printer emulation boards; chips (integrated circuits); electronic devices for use in combination with computers or as integrated parts of computers or in computer networks; apparatus for recording, receiving, transmitting or reproducing sound and images, and for transmission and reproduction of information and images via global networks and/or via other networks; cameras, digital cameras, network cameras and web cameras, video recorders and video players, network video products, wireless access points (network products); IP-cameras; none of the above-mentioned goods in relation to management information systems, such as supplier relationship management, business intelligence, logistics, material management, business process re- engineering and management; none of the above-mentioned goods in relation to automatic data integration or exchange of business-process data; none of the aforesaid being, or being related to, music, music and sound related equipment, computer software for use in connection with music and music production, musical composition and/or production, or musical instruments; all of the aforesaid relating to cameras (including but not limited to digital cameras, network cameras, web cameras and IP-cameras), video encoders (video servers), video decoders, network document servers, print servers, network video recorders, video surveillance and security systems, software for cameras, video encoders (video servers), video decoders, network document servers, print servers and network video recorders, software for the abovementioned products and accessories for the abovementioned products

Class 16: Printed matter; stationery; instruction and teaching materials (except apparatus); manuals (handbooks), printed publications, such as diplomas and certificates of paper; none of the aforesaid being, or being related to, music, music and sound related equipment, computer software for use in connection with music and music production, musical composition and/or production, or musical instruments; all of the aforesaid relating to cameras (including but not limited to digital cameras, network cameras, web cameras and IP-cameras), video encoders (video servers), video decoders, network document servers, print servers, network video recorders, video surveillance and security systems, software for cameras, video encoders (video servers), video decoders, network document servers, print servers, network video recorders, software for the abovementioned products and accessories for the abovementioned products

Class 35: Dissemination of advertising matter; retail sales within the field of digital cameras, network cameras, web cameras, IP-cameras, video servers, computers, peripherals for computers, parts, components and accessories for computers and computer programs, operating system software; sales services, including wholesale business, regarding digital cameras, network cameras, web cameras, IP-cameras, video servers, computers, peripherals for computers, parts, components and accessories for computers and computer programs, operating system software; arranging of exhibitions for commercial purposes, procurement services for others (purchasing goods and services for other businesses); none of the above-mentioned services in relation to management information system such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; not to automatic data integration or exchange of business-process data; none of the aforesaid being, or being related to, music, music and sound related equipment, computer software for use in connection with music and music production, musical composition and/or production, or musical instruments; all of the aforesaid services relating to cameras (including but not limited to digital cameras, network cameras, web cameras and IP-cameras), video encoders (video servers), video decoders, network document servers, print servers, network video recorders, video surveillance and security systems, software for cameras, video encoders (video servers), video decoders, network document servers, print servers, network video recorders, software for the abovementioned products and accessories for the abovementioned products

Class 41: Arranging and conducting of conferences, arranging and conducting of congresses, arranging and conducting of seminars, arranging and conducting of workshops, arranging and conducting of symposiums, publication of texts other than publicity texts, providing on-line electronic publications (downloadable), publication of books; all of the above-mentioned services excluding training services; none of the above-mentioned services in relation to management information systems, such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; none of the above-mentioned services in relation to automatic data integration or exchange of business-process data; none of the aforesaid in relation to physiotherapy, rehabilitation or keep-fit activities; none of the aforesaid being, or being related to, music, music and sound related equipment, computer software for use in connection with music and music production, musical composition and/or production, or musical instruments; all of the aforesaid relating to cameras (including but not limited to digital cameras, network cameras, web cameras and IP-cameras), video encoders (video servers), video decoders, network document servers, print servers, network video recorders, video surveillance and security systems, software for cameras, video encoders (video servers), video decoders, network document servers, print servers, network video recorders, software for the abovementioned products and accessories for the abovementioned products

Class 42: Technical expertise in the field of computer hardware; computer consulting services regarding program design for microprocessors, updating of computer programs for text, video, images and data processing, consultation for product development; consulting activities in the form of testing and consultation for new products and development of new products; consultation in the field of design and development of computer systems, computer hardware, video technology, camera technology and image processing methods, computer software, system integration and recorded computer programs; designing computer systems, design and development of products (hardware and software) for others in the field of computers, video technology, camera technology and image processing methods; technical consultation and research in the fields of computers, software and computer processing and video technology, camera technology and image processing methods; industrial designing, computer programming, computer system analysis; software design; maintenance and support of software, updating software; rental of computer processing apparatus and computers; hosting computer sites (web sites); maintaining and creating web sites for others; none of the above-mentioned services in relation to management information systems, such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; none of the above-mentioned services in relation to automatic data integration or exchange of business-process data; none of the aforesaid being, or being related to, music, music and sound related equipment, computer software for use in connection with music and music production, musical composition and/or production, or musical instruments; all of the aforesaid relating to cameras (including but not limited to digital cameras, network cameras, web cameras and IP-cameras), video encoders (video servers), video decoders, network document servers, print servers, network video recorders, video surveillance and security systems, software for cameras, video encoders (video servers), video decoders, network document servers, print servers, network video recorders, software for the abovementioned products and accessories for the abovementioned products

Class 45: Monitoring of burglar alarms, security alarms and security systems; none of the above-mentioned services in relation to management information systems, such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; none of the above-mentioned services in relation to automatic data integration or exchange of business-process data; none of the aforesaid being, or being related to, music, music and sound related equipment, computer software for use in connection with music and music production, musical composition and/or production, or musical instruments; all of the aforesaid relating to cameras (including but not limited to digital cameras, network cameras, web cameras and IP-cameras), video encoders (video servers), video decoders, network document servers, print servers, network video recorders, video surveillance and security systems, software for cameras, video encoders (video servers), video decoders, network document servers, print servers, network video recorders, software for the abovementioned products and accessories for the abovementioned products

Trade mark number 1980818

Class 9: Security surveillance apparatus; video surveillance apparatus; electric and electronic video surveillance installations; cameras, including but not limited to digital cameras, network cameras, web cameras, IP cameras, thermal cameras; access control apparatus; access control installations; intercom apparatus; intercom installations; video intercom systems; audio intercom systems; software for video surveillance apparatus, access control apparatus and intercom apparatus; accessories for video surveillance apparatus, access control apparatus and intercom apparatus; computer application software for mobile devices and handheld personal computers; cloud servers, cloud computing software; camera housings; mounting devices for cameras; casings and covers for cameras; camera lenses; control boards, power accessories; illuminators (other than for medical use), only for use together with cameras, video surveillance, access control and intercom apparatus and installations; joysticks, cables and connectors, installation displays, all for the use together with cameras, video surveillance, access control and intercom apparatus and installations; video encoders; video decoders; camera servers, chips (integrated circuit); motion control devices for cameras; optical motion sensing and tracking devices for cameras; radars; microphones; speakers; none of the aforementioned goods in relation to management information system such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; not to automatic data integration or exchange of business-process data; not to music production, musical composition, and/or production, or musical instruments; not to scales; not to accounting and financial information systems and software.

Class 35: Arranging of business and financial contacts, also via internet; distribution of goods for advertising purposes; promoting the goods and services of others; providing commercial information from an online searchable database, also via the internet; business services, namely, providing business information regarding the purchase and sale of a variety of products and services of others by means of computer databases; retail sales services; arranging of exhibitions for commercial purposes, procurement services for others (purchasing goods and services for other businesses), commercial administration of licensing; distribution services, including wholesale business, regarding cameras, including but not limited to digital cameras, network cameras, web cameras, IP-cameras, thermal cameras, video encoders, video decoders, security surveillance apparatus, access control apparatus, intercom apparatus, radars, microphones, speakers, computers, computer programs, video management software, peripherals and accessories for cameras and computers; none of the aforementioned services in relation to management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; not to automatic data integration or exchange of business-process data; not to music production, musical composition, and/or production, or musical instruments; not to scales; not to accounting and financial information systems and software.

Class 38: Telecommunication services; intercommunication services; internet protocol (IP) communication services; communications by computer networks namely documents and instructions to and from network servers, requests for images and sound; electric and digital transmission of data, signals and images; computer aided and electronic transmission of images, voice and data; voice over internet protocol (VoIP) services; providing access to computer databases; granting access time to data bases; none of the aforementioned services in relation to management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; not to automatic data integration or exchange of business-process data; not to music production, musical composition, and/or production, or musical instruments; not to scales; not to accounting and financial information systems and software.

Class 41: Teaching/education; arranging of guidance [education or training advice] or instruction; arranging and conducting of conferences, congresses, seminars, workshops and symposiums; guidance [education or training advice], practical training (demonstration); publication of texts other than publicity texts; Providing on-line electronic publications (not downloadable); education academies; certification of education and training awards (terms considered too vague by the International Bureau - rule 13.2.b) of the Common Regulations); publication of books; not to management information system such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; none of the aforementioned services in relation to management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; not to automatic data integration or exchange of business-process data; not to music production, musical composition, and/or production, or musical instruments; not to scales; not to accounting and financial information systems and software.

Class 42: Professional consulting activities in the form of professional technical expertise (non business) (terms considered too vague by the International Bureau - rule 13.2.b) of the Common Regulations); technical expertise (terms considered too vague by the International Bureau - rule 13.2.b) of the Common Regulations); computer consulting services regarding program design for microprocessors, updating of computer programs for text, video, audio, images and data processing, consultation for product development; product testing and consultation for new products and development of new products; consultation in the field of computer infrastructure, computer hardware, video techniques, camera techniques and image processing, computer software, system integration and recorded computer programs, access control and intercom; designing computer systems, design and development of products (hardware and software) for others in the field of computers, video techniques, camera techniques, image processing, audio processing, access control and intercom; designing, development, consultation and research in the field of computer application software of mobile devices and handheld personal computers; technical consultation and research in the fields of computers, software and electronic data, system integration, computer processing and video techniques, camera techniques and image processing, access control apparatus, intercom apparatus, security surveillance and video surveillance; engineering; consultancy services relating to technical research; industrial designing, computer programming, computer system analysis; software design; maintenance and support of software, updating software; cloud computing services; rental and leasing of computer processing apparatus and computers; hosting computer sites (web sites); maintaining and creating web sites for others; development of electronic surveillance apparatus; designing, development, technical consultation and research concerning electronic surveillance, burglar alarms, security, security alarms, security systems and access control systems for security purposes, intercom; supply of technical know-how; none of the aforementioned services in relation to management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; not to automatic data integration or exchange of business-process data; not to music production, musical composition, and/or production, or musical instruments; not to scales; not to accounting and financial information systems and software.

Class 45: Security services concerning burglar alarms, security and surveillance, security alarms, security systems, surveillance systems, radar, access control and intercom systems; monitoring of burglar and security alarms; security services for the protection of property and individuals by means of electronic surveillance, burglar alarms, security, security alarms, security systems, radar, access control systems and intercom systems; computerized surveillance services relating to break and enter; licensing of software; licensing of know-how; licensing of intellectual property; computerized surveillance services relating to break and enter; rental of security surveillance apparatus; none of the aforementioned services in relation to management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management; not to automatic data integration or exchange of business-process data; not to music production, musical composition, and/or production, or musical instruments; not to scales; not to accounting and financial information systems and software.