Bumble Holding Limited v Aggregated Demand Pty Ltd

Case

[2024] ATMO 105

7 June 2024


TRADE MARKS ACT 1995



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

Re:Opposition by Bumble Holding Limited to registration of trade mark application number 2215185 (9, 35, 42) – BUYASHIVE and device - in the name of Aggregated Demand Pty Ltd

Delegate:

Louise Tuohy

Representation:

Opponent: King & Wood Mallesons

Applicant: L.E. Davis of Counsel instructed by Media Arts Lawyers

Decision:

2024 ATMO 105

Trade Marks Act 1995 (Cth) – opposition under section 52 – sections 44, 60 and 59 considered – none established – trade mark to proceed to registration

Background

1.     This matter concerns an opposition by Bumble Holdings Limited (‘Opponent’) under s 52 of the Trade Marks Act 1995 (Cth)[1] to the registration of the following trade mark application (‘Application’) in the name of Aggregated Demand Pty Ltd (‘Applicant’):

[1]  Unless otherwise stated, each reference to a section or regulation is a reference to a section of the Trade Marks Act 1995 (Cth) (‘Act’) or regulation of the Trade Marks Regulations 1995 (Cth) (‘Regulations’), respectively.  

Trade mark number:              2215185

Trade mark:   (‘Trade Mark’)

Filing date:  5 October 2021

Specification:  Class 9: Application software; Computer software; Computer software downloaded from the internet; Computer software for analysing market information; Computer programs for sales purposes; Downloadable software applications (apps)

Class 35: Advertising; Office functions; Business administration; Business management; Business franchising services (group purchasing, group advertising); Business organisation and management of discount services; Online promotion on a computer network; Online advertising on a computer network; Organisation, operation and supervision of an incentive scheme; Provision of an online marketplace for buyers and sellers of goods and services; Discount store services (retail, wholesale, or sales promotion services); Online retail services; Retail services; Retailing of goods (by any means)

Class 42: Design and development of computer software; Design and development of computer hardware for others; Design and development of computer software for others

(‘Applicant’s Goods and/or Services’)

2.     The Application was examined as required by s 31 and advertised for possible registration on 6 March 2022.

3.     On 6 May 2022 the Opponent filed a Notice of Intention to oppose the registration followed by its Statement of Grounds and Particulars on 6 June 2022. The Applicant filed a Notice of Intention to Defend on 18 July 2022.

4. Thereafter the parties filed evidence in accordance with the Regulations. The Opponent filed the following Evidence in Support:

  • Declaration of Natasha Hinds-Payne, Head of IP & Brand Protection of Bumble, dated 17 October 2022 with Annexures NHP-1 to NHP-38 (‘Hinds-Payne’).
  • Declaration of Johnathon Hall, solicitor at King & Wood Mallesons for the Opponent, dated 17 October 2022 with Annexures JH-1 to JH-4 (‘Hall’).

5.     The Applicant filed the following Evidence in Answer:

  • Declaration of Craig Sutherland, Managing Director of the Applicant, made on 18 January 2023, with Exhibits CS-1 to CS-5 (‘Sutherland’).
  • Declaration of Christopher Cao, Registered Trade Marks Attorney at Media Art Lawyers for the Applicant, made on 18 January 2023, with Exhibits CC-1 to CC-3 (‘Cao’).

6.     The Opponent did not file any Evidence in Reply.

7.     Once time for filing evidence had ended both parties were given the opportunity to either request an oral hearing or a hearing by way of written submissions. Both parties requested to be heard by way of written submissions. On 20 February 2024 the Opponent filed its written submissions by Bill Ladas of King & Wood Mallesons and on 27 February 2024 the Applicant filed its written submissions by L.E. Davis of Counsel instructed by Media Arts Lawyers. As a delegate of the Registrar of Trade Marks I will decide this matter based on the SGP, evidence and written submissions.

Grounds of Opposition, Relevant Date and Onus

8.     In the SGP the Opponent nominated grounds of opposition under ss 42(b), 43, 44, 58A, 59, 60 and 62A. The Opponent’s written submissions pressed the grounds under ss 44, 60 and 59. Without prejudice to the Opponent’s ability to do so on appeal, the Opponent does not press the other grounds.

9.     The date at which the rights of the parties are to be determined is the filing date 5 October 2021 (‘Relevant Date’) which is also the priority date for the purposes of ss 44 and 60.

10.     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]

Discussion

Section 44 and regulation 4.15A

[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, [132] (Besanko, Jagot and Edelman JJ).

  1. Section 44 relevantly provides:

    44  Identical etc. trade marks

    (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.

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

    (a)  it is substantially identical with, or deceptively similar to:

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

    (ii)  a trade mark whose registration in respect of similar services or closely related goods 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 services is not earlier than the priority date for the registration of the other trade mark in respect of the similar services or closely related goods.

    […]

    12.     Regulation 4.15A relevantly provides:

    Grounds for rejection--trade mark identical etc to trade mark protected under Madrid Protocol

    (1) For section 189A of the Act, and subject to subregulations (3) and (5), 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 protected international trade mark; or

    (ii) a trade mark in respect of which the Registrar has received notification of an IRDA;

    held by another person in respect of similar goods or closely related services; 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 other trade mark in respect of the similar goods or closely related services.

    (2) For section 189A of the Act, and subject to subregulations (3) and (5), an application for the registration of a trade mark (applicant’s trade mark) in respect of services (applicant’s services) must be rejected if:

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

    (i) a protected international trade mark; or

    (ii) a trade mark in respect of which the Registrar has received notification of an IRDA;

    held by another person in respect of similar services or closely related goods; and

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

    (3) If, in a case mentioned in subregulation (1) or (2), the Registrar is satisfied:

    (a) that there has been honest concurrent use of the 2 trade marks; or

    (b) that, because of other circumstances, it is proper to do so;

    the Registrar may accept the application for the registration of the applicant's trade mark subject to any conditions or limitations that the Registrar thinks fit to impose.

    (5) If, in a case mentioned in subregulation (1) or (2), the Registrar is satisfied that the applicant, or the applicant and the predecessor in title of the applicant, have continuously used the applicant's trade mark for a period:

    (a) beginning before the priority date for the other trade mark in respect of:

    (i) the similar goods or closely related services; or

    (ii) the similar services or closely related goods; and

    (b) ending on the priority date for the registration of the applicant's trade mark;

    the Registrar must not reject the application because of the existence of the other trade mark.

    13.     Before proceeding I note that reg 4.15A and s 44 are essentially identical. The former applies when reliance is placed on a Protected International Trade Mark or international registration designating Australia (‘IRDA’) as the earlier conflicting mark. The latter is relevant when the earlier conflicting mark is a national application or registration. For simplicity, the following discussion will adopt the expression used in s 44 notwithstanding the trade marks relied on by the Opponent are all IRDAs.

    14.     The Opponent relies on the following trade marks which appear in the SGP:[4]

    [4] See Annexure 1 for full details.

No.

Trade Mark

Classes

Status

Priority Date

1882662

(IR number 1371793)

9, 25, 35, 38, 41, 42 and 45

Registered

17 January 2017

1992923

(IR number 1452156)

9, 25, 35, 38, 41 and 45

Registered

26 October 2018

2077994

(IR number 1522306)

3, 4, 5, 8, 9, 11, 14, 16, 18, 20, 21, 24, 25, 26, 28, 29, 30, 31, 32, 33, 35, 36, 38, 41, 42, 43, 44 and 45

Registered

20 December 2019

2169420

(IR number 1585107)

HIVE

41, 42 and 45

Under Examination

16 December 2020

15.     To satisfy the s 44 ground of opposition, the Opponent must establish that the Trade Mark is substantially identical with, or deceptively similar to, another trade mark with an earlier priority date in the name of a person other than the Applicant, and in respect of similar goods or services, or good or services which are closely related to the Applicant’s Goods and Services. 

16.     Each of the Opponent’s trade marks are in the name of a person other than the Applicant and have a priority date that is earlier than the Relevant Date of the Trade Mark.

17.     The next consideration is whether the Opponent’s goods and services are similar, or closely related, to the Applicant’s Goods and Services.

18.     Section 14 provides:

Definition of similar goods and similar services

(1) For the purposes of this Act, goods are similar to other goods:

(a) if they are the same as the other goods; or

(b) if they are of the same description as that of the other goods.

(2) For the purposes of this Act, services are similar to other services:

(a) if they are the same as the other services; or

(b) if they are of the same description as that of the other services.

19.     The determination of whether goods are similar involves the consideration of a number of factors including the nature, use and trade channels of the goods.[5]

[5] Jellinek’s Application (1946) 63 RPC 59 (Romer J);Beck, Koller & Company’s Application (1947) 64 RPC 76.

20.     In Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd the Full Court set out the principles to be applied in determining the scope of the phrase ‘services of the same description’:

The starting point in determining the scope of the phrase “services of the same description as that of [the registered services]” in s 120(2)(c) is the statement of principle in Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592 at 606 by Dixon CJ, McTiernan, Webb, Fullagar and Taylor JJ (notwithstanding that the question involved consideration of whether goods were goods of the same description), in these terms:

There may be many matters to be considered apart from the inherent character of the goods [or services] in respect of which the application is made and some indication of what matters are relevant to this inquiry was given by Romer J. in In re Jellinek’s Application.  Romer J. thought it necessary to look beyond the nature of the goods [or services] in question and to compare not only their respective uses but also to examine the trade channels through which the commodities in question where bought and sold.  Shortly after the decision in Jellinek’s Case the Assistant‑Comptroller elaborated on the observations Romer J. in the following manner:  “In arriving at a decision upon this issue the reported cases show that I have to take account of a number of factors, including in particular the nature and characteristics of the goods [or services], their origin, their purpose, whether they are usually produced by one and the same manufacturer or distributed by the same wholesale houses, whether they are sold in the same shops over the same counters during the same seasons and to the same class or classes of customers, and whether by those engaged in their manufacture and distribution they are regarded as belonging to the same trade.  In the case of Jellinek’s ApplicationRomer J. classified these various factors under three heads, viz., the nature of the goods, the uses thereof, and the trade channels through which they are bought and sold.  No single consideration is conclusive in itself, and it has further been emphasised that the classifications contained in the schedules to the Trade Mark Rules are not a decisive criterion as to whether or not two sets of goods are ‘of the same description’”.[6] 

[6] [2017] FCAFC 56, [333] (Greenwood, Besanko and Katzmann JJ) (‘Accor’).

21.     The Full Court went on to describe the principles in the following terms:

As to whether particular impugned services might properly be understood as services of the same description as services for which a trade mark is registered, the features to be considered are likely to include these considerations:

(1)        The inherent character of each of the services for which the trade mark is registered.  That may emerge as a function of language but it is likely to be the subject of evidence:  for example, what does “an hotelier” actually do?  What precisely is involved in providing “property management services”?

(2)        To whom are the services offered?

(3)        How are they provided?

(4)        How are they used?

(5)        What is their purpose?

(6)        Are they bundled together with other services?

(7)        Are they differentiated by the functional level at which they are provided:  wholesale or retail?

(8)         Where do they originate?

(9)         What is the method of their communication to the relevant target audience:  is it predominantly by electronic means, domain names, websites, Twitter, Facebook or other means such as other trade brochures and journals?

(10)        How closely contestable are the services in substance:  are they in the same market or trade?

(11)       How might consumers of the services perceive the services:  see, for example, E & J Gallo Winery v Lion Nathan Australia Pty Ltd (2009) 175 FCR 386, per Moore, Edmonds and Gilmour JJ at [71]‑[73].[7]

[7] Accor ibid [339].

22.     Whether goods are closely related to services (or vice versa) involves different considerations. In the Registrar of Trade Marks v Woolworths, French J made the following observations:

The term “closely related” recognises that goods and services are different things. There will be classes of goods which are similar to each other. There will also be classes of services which are similar to each other. But the word “similar” does not apply as between goods and services. So there must be some other form of relationship between the services covered by one mark and the goods covered by another to enable the goods or services in question to be described as “closely related”… it is a term of wider import than “similar”…[8]

[8] [1999] FCA 1020, [37].

23.     In light of the above authorities, I will now compare the Applicant’s Goods and Services with the goods and services of the Opponent’s trade marks 1822662 (‘662’), 1992923 (‘923’), 2077994 (‘994’) and 2169420 (‘420’).

Trade Mark 662

24.    I am satisfied that the broad claim in 662 for computer software in Class 9 are similar goods to the Applicant’s Goods in Class 9, which are all for computer software. 662 has broad coverage for advertising; business management services; organisation, operation and supervision of loyalty and incentive schemes; business administration services in class 35 which I am satisfied are similar services to the Applicant’s Class 35 services Advertising; Office functions; Business administration; Business management; Business franchising services (group purchasing, group advertising); Business organisation and management of discount services; Online promotion on a computer network; Online advertising on a computer network; Organisation, operation and supervision of an incentive scheme. 622 also covers design and development of computer hardware and software in class 42 which I am satisfied are similar to the Applicant’s Services in class 42. I do not consider any of the remaining goods or services covered by 662 are the similar to the Applicant’s Goods or Services.

Trade mark 923

25.     I am satisfied that the broad claim in 923 for computer software in Class 9 are similar goods to the Applicant’s Goods in Class 9, which are all for computer software. 923 has broad coverage for advertising and promotion services and information services relating thereto provided on-line from a computer database or the Internet; business information; and business advice which are similar services to the Applicant’s class 35 services Advertising; Office functions; Business administration; Business management; Business franchising services (group purchasing, group advertising); Business organisation and management of discount services; Online promotion on a computer network; Online advertising on a computer network Organisation, operation and supervision of an incentive scheme; Discount store services (sales promotion services). I am also satisfied that computer software goods in class 9 covered by 923 are closely related to the Applicant’s design and development software services in class 42. I do not consider any of the remaining goods or services covered by 923 are the similar to the Applicant’s Goods or Services.

Trade mark 994

26.     I am satisfied that the broad claim in 994 for computer software in class 9 are similar goods to the Applicant’s Goods in Class 9, which are all for computer software. 994 has broad coverage in class 35 for Advertising, marketing and promotional services; business advice and consultancy; business management services; business administration services; wholesale and retail services which are similar to the Applicants Services in class 35. I am also satisfied that the broad claims for computer software services and design services in class 42 are similar to the Applicant’s Services in class 42. I do not consider any of the remaining goods or services covered by 994 are the similar to the Applicant’s Goods or Services.

Trade mark 420

27.     I am not satisfied that any of the services covered by 420 are similar to the Applicant’s Goods and Services. The nature of 420’s services in classes 41, 42 and 45 differs and the services are targeted at different consumers via different trade channels.  

28.     I now turn to consider whether any of trade marks 662, 923 and 994 are substantially identical or deceptively similar to the Trade Mark. The following discussion will not consider 420 as I have found that its services are not similar or closely related to the Applicant’s Goods and Services.

Substantially identical and/or deceptively similar

29.     The test for substantial identity requires that the trade marks are considered side by side while having regard to the essential features of the trade marks.[9] Where a total impression of resemblance emerges from the comparison, the trade marks will be considered substantially identical. For the purposes of comparison, I have reproduced the respective trade marks below:

[9] Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66, [12] (Windeyer J).

Short Title

Opponent’s trade marks

Trade Mark

662

923

994

30.     On a side by side comparison there are clear differences between the respective trade marks. The 662 consists of six stacked horizontal lines of various lengths, inside a hexagon and surrounded by a rounded corner square. 923 and 924 consist of three stacked horizontal lines inside a hexagon. In comparison the Trade Mark consists of five horizontal lines which are connected by vertical lines, inside a bag device beside a bee, atop the words BUYASHIVE. For these reason, I find that the Trade Mark is not substantially identical to any of 662, 923 and 924. The total impression emerging from a side by side comparison is not one of similarity.

31.     As I have found that the respective trade marks are not substantially identical. The remaining question is whether the Trade Mark is deceptively similar to 662, 923 and 924.

32.     The expression ‘deceptively similar’ is defined by s 10:

10  Definition of deceptively similar

For the purposes of this Act, 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.

33.     In the case of Australian Woollen Mills v F. S. Walton and Company Ltd, Dixon and McTiernan JJ provided the relevant test for comparison:

[T]he marks ought not…be compared side by side. An attempt should be made to estimate the effect or impression produced on the mind of potential customers by the mark or device for which the protection of an injunction is sought. The impression or recollection which is carried away and retained is necessarily the basis of any mistaken belief that the challenged mark or device is the same…The usual manner in which ordinary people behave must be the test of what confusion or deception may be expected. Potential buyers of goods are not be credited with any high perception or habitual caution. On the other hand, exceptional carelessness or stupidity may be disregarded.[10]

[10] [1937] HCA 51; (1937) 58 CLR 641, [658].

  1. In the recent High Court case of Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd, the Court noted the following[11]:

    [11] Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8, [33] (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ).

    In considering the likelihood of confusion or deception, "the court is not looking to the totality of the conduct of the defendant in the same way as in a passing off suit"[12]. In addition to the degree of similarity between the marks, the assessment takes account of the effect of that similarity considered in relation to the alleged infringer's actual use of the mark[13], as well as the circumstances of the goods, the character of the likely customers, and the market covered by the monopoly attached to the registered trade mark[14]. Consideration of the context of those surrounding circumstances does not "open the door" for examination of the actual use of the registered mark, or, as will be explained, any consideration of the reputation associated with the mark[15]

    [12] New South Wales Dairy Corporation v Murray-Goulburn Co‑operative Co Ltd [1989] FCA 124; (1989) 86 ALR 549 at 589 (emphasis added), approved in Henschke (2000) 52 IPR 42 at 62 [44], Hashtag Burgers [2020] FCAFC 235; (2020) 385 ALR 514 at 532 [64], Combe International Ltd v Dr August Wolff GmbH & Co KG Arzneimittel [2021] FCAFC 8; (2021) 157 IPR 230 at 238 [27], PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd (2021) 285 FCR 598 at 622 [97] (see also 626 [111]) and Swancom (2022) 168 IPR 42 at 56 [73].

    [13] Act, s 68.

    [14] New South Wales Dairy [1989] FCA 124; (1989) 86 ALR 549 at 589.

    [15] Swancom (2022) 168 IPR 42 at 59 [89]. See also Henschke (2000) 52 IPR 42 at 62 [44].

  2. As stated above, for the purposes of considering deceptive similarity, the reputation of the Opponent’s trade marks 662, 923 and 924 is not a relevant factor.[16]

    [16] See Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157, [93] (Yates, Abraham and Rofe JJ) and, albeit in the s120(1) context Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8, [49] (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ).

    Trade mark 662

    36.     In relation to 662, the Opponent relies on Crazy Ron’s Communications Pty Ltd v Mobileworld Communications Pty Ltd[17](‘Crazy Ron’s’) and submits that the device element of the Trade Mark is prominent and visually dominant. The Opponent submits that the word HIVE in the Trade Mark identifies the device element and reinforces the focus of attention on it, and the overall idea of the Trade Mark as a hive. I am not persuaded by the Opponent’s submissions. The inclusion of the word term BUY AS HIVE in the Trade Mark is a substantial differentiating feature of the Trade Mark which the ordinary consumer would not fail to recall. While the stacked configuration in the respective trade marks may be seen to reference a hive, I agree with the Applicant that conceptually the Trade Mark considered as a whole conveys a trading context with the addition of the hand bag and words and does not convey an overall meaning sufficiently the same as 662. The likelihood of confusion is negated by these visual, oral and conceptual differences between the respective trade marks. While I consider the broad markets for software and hardware goods and services are not particularly sophisticated, the differences in the trade marks are such that consumers would not be caused to wonder whether these goods or services come from a single trade source. The same can be said of the advertising and business services which would be purchased by a variety of consumers with a greater amount of care. For these reasons, I find that the Trade Mark and 662 are not deceptively similar.

    [17] [2004] FCAFC 196 [97] and [98] (Moore, Sackville and Emmett JJ).

    Trade marks 923 and 924

    37.     In relation to 923 and 924, I have considered the Opponent’s submissions and reliance on Crazy Ron’s above. While the stacked configurations in the respective trade marks may be seen to reference a hive, I agree with the Applicant that conceptually the Trade Mark considered as a whole conveys a trading context with the addition of the hand bag device along with the word term BUY AS HIVE and does not convey an overall meaning sufficiently the same as 923 and 924. The likelihood of confusion is negated by these visual, oral and conceptual differences between the respective trade marks. While I consider the broad markets for software, hardware and retail goods and services are not particularly sophisticated, the differences in the trade marks are such that consumers would not be caused to wonder whether these goods or services come from a single trade source. The same can be said of the advertising and business which would be purchased by a variety of consumers with a greater amount of care. For these reasons, I find that the Trade Mark and 923 and 924 are not deceptively similar.

    38.     Therefore, the Opponent has not established the ground of opposition under s 44.

    Section 60

    39.     Section 60 provides:

    60  Trade mark similar to trade mark that has acquired a reputation in Australia

    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.

    40.     In the SGP the Opponent particularises the s 60 ground of opposition as follows:

    Registration should be refused under section 60 of the Act.

    The Opponent has invested heavily in promoting its BUMBLE Trade Marks, which […] include trade marks featuring the word HIVE and trade marks featuring horizontal lines or belts of solid colouring in a stacked configuration in which all belts share identical (or close to) height dimensions, in relation to the Opponent’s BUMBLE Goods and Services and has achieved considerable commercial success in Australia before, leading up to and beyond the Priority Date.

    By virtue of its use and promotion of the BUMBLE Trade Marks in relation to the BUMBLE Goods and Services:

    (a) the Opponent has, and has acquired before the Priority Date, a reputation in Australia in its BUMBLE Trade Marks in respect of the BUMBLE Goods and Services; and

    (b) the BUMBLE Trade Marks have become distinctively and exclusively associated with the Opponent and the BUMBLE Goods and Services.

    As a result, the BUMBLE Trade Marks are, and were before the Priority Date, well and favourably known among members of the public throughout Australia as indicating the Opponent exclusively as the source of the BUMBLE Goods and Services (which encompasses the Opposed Goods and Services).

    In light of the Opponent’s reputation identified above, and the substantial identity and/or similarity between the respective marks and the overlapping or highly similar goods set out above in respect of section 44, the Opponent submits that any use of the Opposed Trade Mark in respect of the Opposed Goods and Services would be likely to cause confusion.

    41. To satisfy s 60 the Opponent must establish that the trade marks upon which it relies had a reputation in Australia at the priority date of the Trade Mark. The Opponent must then establish that because of that reputation, use of the Trade Mark would be likely to deceive or cause confusion.

    42.     In McCormick & Co Inc v McCormick, Kenny J asked what is intended by the word ‘reputation’ in s 60. Her Honour consulted the Macquarie Dictionary and on the basis of the definition provided concluded that it was ‘the recognition of the [trade mark] by the public generally’12F9F[18] and quoted with approval the following words of Lockhart J in Re ConAgra Inc v McCain Foods (Aust) Pty Ltd:

    [18] [2000] FCA 1335, [81].

    [R]eputation within the jurisdiction may be proved by a variety of means including advertisements on television, or radio or in magazines and newspapers within the forum. It may be established by showing constant travel of people between other countries and the forum, and that people within the forum (whether residents there or persons simply visiting there from other countries) are exposed to the goods of the overseas owner…[19]

    [19] [1992] FCA 159, [118].

    43.     Justice Kenny also referred to the Hugo Boss decision, where the Registrar’s delegate observed:

    [I]t is true that the assessment of the reputation of a trade mark goes far beyond mere examination of sale or turnover of goods sold under the trade mark and contemplation of the advertising and promotional figures.

    As regards a trade mark, its reputation derives both from the quantum of sales under that mark and also its esteem, or image, projected by that trade mark. The quantum sale, advertising and promotion contributes to the ‘recognition’ component of the trade mark’s reputation. The credit, image and values projected by a trade mark attaches to the ‘esteem’ component of the reputation as do the public events and other trader’s marks with which [the] owner of the trade marks in question chooses to associate the trade marks via sponsorship, cross-promotions, ‘contra deals’ and so forth.

    It follows that a trade mark used in relation to goods with comparatively low sales may have a high and strong reputation by virtue of the high credit or esteem in which it is held, or, conversely, that a trade mark which has very high sale may have a strong reputation notwithstanding the lack of esteem that attaches to it. The particular popular images, or sets of values, that attach to the trade mark are also, therefore, important parts of the reputation of the trade mark and may be as strong an association of the trade marks with the goods or services themselves.14F11F[20]

    [20] Hugo Boss AG v Jackson International Trading Co Kurt D Bruhl Gesellschaft MbH & Co KG (1999) 47 IPR 423, 436.

    44.     What constitutes a significant or substantial number of persons in the relevant market must be considered. Justice Heerey in Le Cordon Bleu BV v Cordon Bleu International Ltee provided some guidance:

    What is “significant” or “substantial” will depend on the nature of the goods or services in question. For some highly specialised products, awareness among a few thousand persons, or even less, might be sufficient.F12F[21]

    [21] [2000] FCA 1587, [91], (albeit in relation to paragraph 28(a) of the now superseded Trade Marks Act 1955 (Cth)), (emphasis in original).

    45.     The Opponent relies on its reputation in its word trade marks HIVE and BUMBLE HIVE, and the following figurative trade marks:

    the “Bumble Mark”

    the “Honeycomb Mark”   

    the “Stacked Mark”

    46. Noting that each trade mark is separate when considering the operation of s 60 and it is appropriate to consider the use to which they have been put.

    47.     Ms Hinds-Payne states that the Opponent launched its Bumble platform, an online dating application (‘Bumble App’), worldwide and in Australia in 2014. In 2016, the Opponent launched Bumble BFF, which allowed Bumble App users make platonic friendships. Then in 2017, the Opponent launched Bumble Bizz which is designed to help users of the Bumble App match with potential business contacts.[22]

    [22] Hinds-Payne [Exhibit NHP-1].

    48.     Exhibit NHP-14 to Hinds-Payne comprises of a screenshot from the Internet Archive Service Wayback Machine, for Appfigures.com which ranks the Top iOS App Store Apps dated 17 January 2021. The Bumble App featuring the Stacked Mark was ranked at number 7 among the highest grossing apps in the Australian market.

    49.     Ms Hinds-Panes states that in 2020 the Opponent commanded 30.9% of the global dating application users. Exhibit NHP-2 to Hinds-Payne comprises an article entitled Bumble Revenue and Usage Statistics (2020). The article states that in 2020 the Opponent had 100 million users worldwide and was valued at US$8 billion, and it generated US$240 million in revenue in 2019.  Exhibit NHP-10 to Hinds-Payne comprises an article appearing on the website manofmany.com dated January 2019. The article states that in 2019 the Opponent had two million registrations in Australia. 

    50. Exhibit HNP-6 to Hinds-Payne comprises the Opponent’s global marketing expenditure for the years 2019 to 2021. The Opponent’s marketing campaigns in Australia include an Australia wide billboard campaign for the Bumble App featuring the Bumble Mark dated 2018,[23] and its Out of Home campaign for its dating software featuring the Bumble Mark dated 2020.[24]

    [23] Hinds-Payne (34), [Exhibit NHP-25].

    [24] Hinds-Payne (34), [Exhibit NHP-24].

    51.     The Opponent’s promotional events include: a Singles Wine and Dine event in Melbourne in May 2018; Bumble Hive events for the Racing season in Melbourne, Perth, Brisbane and Sydney in 2018 and in Melbourne, Perth and Brisbane in 2019; Valentine’s Day across Australia in 2019; the APAC Bumble Bizz Summit in Sydney in 2019; and the Bumble BFF Hive in Albert Park, Melbourne in 2019.[25]

    [25] Hinds-Payne (35), [Exhibit NHP-27].

    52.     The Opponent’s Australian sponsorships includes the Marie Claire Glass Ceiling Series in 2019 and 2020, the 2020 Sydney Gay and Lesbian Mardi Gras.[26]

    [26] Hinds-Payne (35), [Exhibit NHP-27].

    53.     The Opponent partners with other Australian businesses and brands including as part of its Breakfast on Bumble pop-up events, with its Melbourne event at Bistro Morgan in April 2021 featuring the Stacked and Bumble Marks.[27]

    [27] Hinds-Payne (36), [Exhibit NHP-30].

    54.     The Opponent maintains the website bumble.com which in 2016 displayed the Honeycomb and Bumble Marks.[28] The Opponent also maintains social media accounts, including Instagram, Facebook, X formerly Twitter and TikTok.[29] The Opponent’s Instagram accounts include a handle specific to Australia, and as of July 2020 it had 24,200 followers, and issued 845 posts featuring the Stacked and Bumble Marks.[30]

    [28] Hinds-Payne (23), [Exhibit NHP-12].

    [29] Hinds-Payne (38), [Exhibit NHP-36].

    [30] Hinds-Payne (39), [Exhibit NHP-37].

    55.     Prior to the Relevant Date the Opponent promoted and sold a range of goods via the online retail store at Exhibit NHP-19 to Hinds-Payne comprises of a screenshot from the Internet Archiving Services Wayback Machine of the beetique website dated 20 July 2016. The screenshot features use of the Opponent’s Honeycomb and Bumble Marks on or in relation a range of goods including clothing, eyewear, drink holders, jewellery, and headgear.

    56.     In my assessment of the Opponent’s evidence, there was significant consumer adoption and usage of the Bumble App in Australia by the Relevant Date. The Opponent’s significant global revenue and growth are impressive, with its Bumble App featuring the Stacked Mark ranked as the seventh highest grossing application in the Australian market in 2021. The Opponent’s evidence of promotional activities provides a demonstration of how its Bumble, Honeycomb and Stacked Marks have a in a short time being introduced and gained recognition in the Australian market in relation to computer software and mobile software, internet-based dating platforms and services, social networking platforms and services and business networking at the Relevant Date.

    57.     I am not satisfied that the Opponent’s HIVE and BUMBLE HIVE trade marks have the reputation claimed by the Opponent for its goods and services. The promotion of these trade marks in Australia is limited to events in 2018 and 2019. In my view, the Opponent has not established as a matter of fact, that its goods and services bearing its HIVE and BUMBLE HIVE trade marks were recognised in Australia at the Relevant Date by a significant or substantial number of potential consumers.

    58.     I note that the Opponent submits that its reputation extends to retail, advertising, promotional and computer software and hardware design services. However, I am not satisfied that such reputation extends to retail services as there is no evidence that the beetique website was directed to Australian consumers or that there were any sales to Australian customers, nor that its advertising, promotion and computer software and hardware design services, were provided to others in the Australia market.

    59.   It is not sufficient that the Opponent merely establishes that its Bumble, Honeycomb and Stacked Marks have a reputation. The Registrar must also be satisfied that because of that reputation the use of the Trade Mark would be likely to deceive or cause confusion. This is linked to how similar the respective trade marks are. In Rogers Seller & Myhill Pty Ltd v Reece Pty Ltd, Delegate Lyons said:

    Confusion cannot arise solely from the reputation of one trade mark. There must always remain a level of similarity between the marks, whether we call it deceptive similarity or something less, and no matter how small it might be. The likelihood of confusion must depend on the reputation of the opponent’s trade mark, but have regard (amongst other factors) to the level of similarity of the goods/services and the degree of similarity of the trade marks, greater or smaller.

    What can be said then of section 60 as we now find it is that it comprehends that the trade marks under comparison might be quite dissimilar, and yet, taken in combination with the repute of the opponent’s trade mark (and possibly other factors), deception or confusion is still more likely than not. Put another way, section 60 now contemplates that an opponent may prevail because of the reputation in the mark on which it relies notwithstanding that the trade marks under comparison may even be quite dissimilar.[31]

    [31] [2010] ATMO 5, [39] to [40].

    60.     In this case, even though I have found that the Opponent’s Bumble, Honeycomb and Stacked Marks have a reputation in Australia, I do not find that by reason of that reputation, any use of the Trade Mark would be likely to deceive or cause confusion. While the respective trade marks have a small degree of similarity in that they all include a figurative hive device, the elements of the Trade Mark including the words BUYASHIVE effectively distinguish the Trade Mark as a whole from the trade marks in which the Opponent has a reputation, namely the Bumble, Honeycomb and Stacked Marks.

    61. The Opponent has not established the ground of opposition under s 60.

    Section 59

    62.     Section 59 provides:

    59  Applicant not intending to use trade mark

    The registration of a trade mark may be opposed on the ground that the applicant does not intend:

    (a)  to use, or authorise the use of, the trade mark in Australia; or

    (b)  to assign the trade mark to a body corporate for use by the body corporate in Australia;

    in relation to the goods and/or services specified in the application.

    63.     In the SGP the Opponent particularises the s 59 ground of opposition as follows:

    Registration should be refused under section 59 of the Act.

    When the opponent makes out a prima facie case of lack of intention to use the mark, the evidentiary onus shifts to the applicant. A prima facie case can be made out based on “slight evidence”. Indeed, for the purposes of an SGP, the particularisation of this ground must necessarily be based on inferences and presumption.

    Under section 59, it is the applicant who is best placed to know its own business and show evidence of intent when it is properly challenged. Where the applicant has been put on notice that a lack of intention to use is an issue in the proceeding and chooses not to file evidence, it is open to draw an inference against the applicant as to a lack of intention to use.

    As at the Priority Date, based on desk research, the current Applicant was not using the Opposed Trade Mark in respect of any or all of the Opposed Goods and Services in Australia.

    That research took in general searches for “BUYASHIVE”, “BUY AS HIVE” and  together with the name of the Applicant, which did not raise any use of the Opposed Trade Mark in Australia by the Applicant themselves in respect of all of the Opposed Goods and Services.

    The circumstances referred to above rebut any prima facie presumption that the initial Applicant or the current Applicant relevantly intended to use the Opposed Trade Mark in Australia (now or as at the Priority Date) in respect of all of the Opposed Goods and Services and support an adverse inference as to the Applicant’s intention to use the Opposed Trade Mark.

    Bearing in mind the above (which will be further substantiated in the evidence) the overall circumstances are more than sufficient to shift the onus to the Applicant to satisfy the Registrar of its bona fides by proving that the initial Applicant and the current Applicant relevantly held at the Priority Date a sufficiently definite intention to use the Opposed Trade Mark as a trade mark in relation to all of the Opposed Goods and Services.

  1. Applying for the registration of a trade mark carries a presumption that the Applicant intends to use the trade mark.[32] The onus is on the Opponent to displace this presumption by making out a prima facie case that the Applicant lacked the requisite intention at the Relevant Date. [33] If the Opponent makes out a prima facie case, the evidentiary onus shifts to the Applicant to show its intention to use the Trade Mark at the Relevant Date.[34]

    [32]  Suyen Corp v Americana International Ltd [2010] FCA 638, [197] (Dodds-Streeton J).

    [33] Aston v Harlee Manufacturing Co [1960] HCA 47 (Fullagar J).

    [34] Suyen Corp v Americana International Ltd (n 18), [190].

  2. In Health World Ltd v Shin-Sun Australia Pty Ltd, Jacobson J considered the nature of the intention in s 59:

    In my view, the intention, or lack thereof, to which s 59 is directed, is a ‘real and definite intention’ of the applicant for registration, to use the mark publicly as a trade mark, although it is not necessary that the intention be immediate or within a limited time.[35]

    [35] (2008) 75 IPR 478, 497 [160].

  3. Justice Jacobson also recognised the difficulty that an opponent has in establishing a ground under s 59, stating in the same case:

    The subjective nature of the intention, the presumption of intention flowing from the application for registration and the onus on an opponent usually make it difficult for an opposition or an application for rectification, to succeed on this ground.[36]

    [36] Ibid [161] (citations omitted).

    67. In the present matter the Opponent submits that its SGP put the Applicant on notice that s 59 was to be raised in these proceedings.[37] Exhibits JH-2 and JH-3 to Hall comprise screenshots of searches of Google and Google Play Store which were conducted on 8 September 2022. The searches covered terms such as Aggregated Demand Pty Ltd, BUYASHIVE and BUY AS HIVE. The results of these searches were put to the Applicant in a letter from Kind & Wood Mallesons dated 14 September 2022.[38] The letter states the following:

    [37] See (2008) 75 IPR 478, 497 [162].

    [38] Hall (14), [Exhibit JH-4].

    Our client’s view that there is no relevant intended use of the BUYASHIVE & Device mark by your client. This is reinforced by the fact that any such use in Australia of the BUYASHIVE & Device mark in respect of the Goods and Services would cause confusion (under s44 and/or s120 of the TMA, as the case may be) as against our client’s earlier pending and registered rights for, and use of, its Earlier Pending and Registered BUMBLE Trade Marks (as defined in the SGP) and as against our client’s reputation in those marks (under the s60 of the TMA). Notably, these include the word marks HIVE and BUMBLE HIVE and the logos below:

    For example, the specification of Goods and Services covers (via its broad claims) apps for the purposes of social networking which comprise Bumble’s core goods, and there would plainly be a likelihood of confusion if your client used the BUYASHIVE & Device mark on such goods.

    In light of the above, Bumble considers it very unlikely that your client relevantly intended to use or authorise the use of the BUYASHIVE & Device mark at the date of filing (namely, 5 October 2021).

    Pending a substantive response on behalf of your client outlining the goods and services in respect of which it uses or intends to use the applied-for mark, we will introduce this letter into evidence in the Opposition in support of the ground under section 59 of the TMA.

    68.     The Opponent states that the Applicant by way of its evidence in answer confirms in positive terms that the intended use is in respect of a narrow part of the specification being the organisation, operation and supervision of an incentive scheme in class 35. Moreover, the Opponent states that at the Relevant Date the Applicant did not have an intention to use the Trade Mark in relation to goods in class 9, the services in class 42 and part of the class 35 specification.

    69.     In Sutherland, Mr Sutherland states that the Applicant has a clear intention to use the Trade Mark for all of the Applicant’s Goods and Services. Moreover, the Applicant is in the first stage of operations to launch an e-commerce platform in Australia and internationally under the Trade Mark. In support of these statements Confidential Exhibit CS-4 to Sutherland comprises the Applicant’s legal briefing which provides an overview of the Applicant’s business model and strategy dated July 2021. Confidential Exhibit CS-5 to Sutherland comprises the Applicant’s website design brief dated July 2021.  

    70.     Mr Sutherland states that the Applicant’s website will be accessed at and which domain names were registered on 13 July 2021.[39]

    [39] Sutherland (7), [Exhibit CS-2].

    71.     Mr Sutherland states that the Applicant was registered with the Australian Securities and Investment Commission on 29 September 2021.[40]

    [40] Sutherland (3), [Exhibit CS-1].

    72.     While the Applicant admits that at the Relevant Date it had not used the Trade Mark, Mr Sutherland deposes that the Opposition disrupted the Applicant’s plan to launch in Australia, given the time and investment required in Opposition proceedings and the risk of having to rework its website design.

    73.     In this matter I am to consider whether the Opponent has satisfied its burden of establishing a prima facie case of lack of intention to use by the Applicant.

    74. The Opponent’s evidence shows that it put the Applicant on notice that it was pursing a ground of opposition under s 59 and that there had been no use of the Trade Mark at the Relevant Date nor eleven months after in September 2022. However, the evidence does not show that the Applicant would be incapable of providing the Applicant’s Goods and Services or incapable of using the Trade Mark across the scope of the Applicant’s Goods and Services.

    75.     Further, in Paintmaster Products v Lewis Berger & Sons,[41] the Registrar observed that an applicant might properly elect to delay use pending the outcome of the application for registration. In this case the Applicant deposed that these proceedings have disrupted its development and launch timeline in Australia. Moreover, prior to the Relevant Date the Applicant had obtained the registration of domain names and prepared business briefs which contained detailed plans for the business direction to lawyers and website designers.

    [41]  (1955) 25 AOJP 1915.

    76.     In relation to the scope of the Applicant’s Goods and/or Services being beyond anything that could even be said to have been the subject of an intention to use, I note that upon a perceived market demand, the Applicant is involved in a start-up venture capitalising business developing a viable product, service and platform which will require a stable of goods and services. In view of the nature of the Applicant’s business and without evidence to the contrary I am satisfied that the Applicant’s approach to the specified goods and services at the Relevant Date was aligned with a genuine intention and not speculative.[42]

    [42]  Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2020] FCA 1808, [152] (Burley J).

    77.     I am not satisfied the Opponent has provided sufficient cogent evidence to establish a prima facie case that the Applicant lacked the requisite intention at the Relevant Date. As such there is no shift of the evidentiary onus to the Applicant.

    78. The Opponent has not established a ground of opposition under s 59.

    Decision

    79.     Section 55 provides:

    55  Decision

    (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.

    80.     The Opponent has not established a ground of opposition. Accordingly, I decide that trade mark number 2215185 may proceed to registration one month from the date of this decision. If the Registrar is served with a notice of appeal, I direct that the disposition of the Application should be in accordance with the Court’s order or direction.

    Costs

    81. Both parties sought an award of costs. It is usual for costs to follow the event, and I see no reason to depart from that principle here. I award costs against the Opponent under s 221 in line with Schedule 8 of the Regulations.

    Louise Tuohy

    Hearing Officer

    Delegate of the Registrar of Trade Marks

    7 June 2024

    Annexure 1

1882662

(IR number 1371793)

Class 9: Computer software; computer application software for mobile phones; computer games; electronic game programs; computer software development tools; computer software for use as an application programming interface (API) to allow access to online services for social networking, friend introductions and dating; software and software applications to enable transmission, access, organization, and management of text messaging, instant messaging, web links and images via the Internet and other communications networks; computer software for building social networking, friend introduction and dating applications and allowing for data retrieval, upload, download, access and management; downloadable software in the field of social networking, friend introductions and dating; downloadable software in the nature of a mobile application; downloadable software in the nature of a mobile application for social networking, friend introductions and dating; application software for social networking and dating services via Internet; downloadable electronic publications; computer software to enable accessing, displaying, sharing or otherwise providing electronic or digital media or information via computer and communication networks, namely, a mobile application for social networking, friend introductions and dating; including parts and fittings for all the aforementioned goods

Class 25: Clothing; sweaters, shirts, T shirts, trousers, outer clothing, knitwear, coats, skirts, aprons, parkas, camisoles, pants, underclothing, jerseys, vests, underwear, dresses, jeans, leggings, jumpers, beach clothes, pyjamas, underpants, swim suits, bikinis, swimming trunks, waterproof clothing, footwear, boots, shoes, sandals, slippers, caps, hats, headgear; lingerie, socks, gloves, scarves, ties, clothing belts

Class 35: Advertising; business management services; business management provided on-line from a computer database or the Internet; advertising and promotion services and information services relating thereto provided on-line from a computer database or the Internet; compilation of advertisements for use as web pages on the Internet; provision of space on websites for advertising goods and services; business administration services; business administration services for the processing of sales made on the Internet; organisation, operation and supervision of loyalty and incentive schemes; opinion polling; writing of publicity texts; search engine optimisation; database management; collection of data; electronic data processing; compilation of data in computer databases; providing business information in the field of social media; providing marketing consulting in the field of social media; advertising and marketing services provided by means of social media; organisation, operation and supervision of loyalty and incentive schemes; business networking services; career networking services; arranging business introductions; agency services for arranging business introductions; information services relating to jobs and career opportunities; business information; business advice; business promotion; business intelligence services; employment agencies; employment recruitment; personnel recruitment; personnel recruitment advertising; providing employment information; personality testing for recruitment purposes; career placement; executive search and placement services; personnel placement and recruitment; assistance relating to recruitment and placement of staff; organising and conducting job fairs; writing of publicity texts; preparation of resumes for others; writing of curriculum vitae for others; business data analysis; information, advisory and consultancy services relating to all the aforesaid

Class 38: Telecommunications services, namely, electronic transmission of data, messages, graphics, images and information for facilitating social introductions and dating; providing access to computer, electronic and online databases in the field of social introductions and dating; providing online forums for sharing and transmission of information on topics relating to social introductions and dating; providing online communications links which transfer web site users to other local and global web pages relating to social introductions and dating; providing online chat rooms and electronic bulletin boards for transmission of messages among users in the field of social introductions and dating; Internet broadcasting services relating to social introductions and dating; electronic transmission of digital photo files, videos, audiovisual content relating to social introductions and dating via telecommunications networks, wireless communication networks and the Internet; transmission of messages among computer users with varied common interests to assist these groups in coordinating group meetings and activities relating to social introductions and dating via a website on the Internet; providing access to computer databases in the fields of social introduction and dating; transmission of location-based messages to facilitate social introductions and dating; all of the aforesaid services for purposes of social introduction and dating; telecommunications services; email and instant messaging services; chat services; operating chat rooms; provision of online chat rooms; providing access to online services relating to social networking, social introduction and dating; audio, text and video broadcasting services over computer or other communication networks, including uploading, posting, displaying and electronically transmitting data, information, audio and video images; providing access to an online network service; information, advisory and consultancy services relating to all the aforesaid

Class 41: Entertainment and education services; disseminating information and providing, sponsoring and hosting seminars, presentations and discussion groups and providing training in the fields of personal development, career development, relationship building, training, recruiting, business consulting, business development, and networking; electronic publishing services for others; electronic and online publishing services; hosting of exhibitions, conferences and seminars and networking events for business, cultural and educational purposes; organising and conducting online educational and training events including virtual meetings and seminars; electronic publications (not downloadable); writing of texts, other than publicity texts; social club services for entertainment purposes; publication of documents in the field of social affairs; publishing services; electronic games services, including provision of computer games on line or by means of a global computer network; providing on-line computer games; providing online games; information services relating to entertainment or education, provided on-line from a computer database or the Internet; information, advisory and consultancy services relating to all the aforesaid; providing information in the field of personal development, namely self-improvement, self-fulfillment, charitable, philanthropic, volunteer, public and community services, and humanitarian activities

Class 42: Computer services, namely, creating an online community for registered users to organize groups and events, participate in discussions, form virtual communities, and engage in social and community networking; computer services, namely, hosting online web facilities for others for organizing and conducting meetings, events and interactive discussions relating to social introductions and dating via communication networks; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring digital mapping software for use in the fields of geographic information systems and location-based services, namely, computer graphics software and computer software for providing information concerning location of persons and assets to facilitate social introductions and dating; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks for purposes of social introduction and dating; providing temporary use of non-downloadable software and applications for social networking, creating a virtual community, and transmission of data, text, information, messages, images, graphics, photographic images, video, audio and audiovisual content relating to social introductions and dating; computer services in the nature of customized web pages featuring user-defined or specified information including personal profiles, audio, video, photographic images, text, graphics and data relating to social introductions and dating; providing a web site featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple websites to facilitate social introductions and dating; hosting on-line web facilities for others for organising and conducting meetings, gatherings and interactive discussions relating to social introductions and dating; hosting an online website community for registered users to share information, photos, audio and video content for the purposes of social introduction and dating; creating and maintaining blogs relating social introductions and dating for others; all of the aforesaid services relating to purposes of social introduction and dating; design, drawing and commissioned writing for the compilation of web sites; creating, maintaining and hosting the web sites of others; design and development of computer hardware and software; application service provider services; software as a service [SaaS]; operating search engines; providing search engines for obtaining data via communications networks; computer services for the analysis of data; data mining; research in the field of social media; information, advisory and consultancy services relating to all the aforesaid

Class 45: Online dating, friendship, introduction and social networking services; Internet based dating services; online social networking and dating services accessible by means of downloadable mobile applications; social introduction agencies; personal introduction services by computer; Internet based personal introduction services; Internet based dating, matchmaking and personal introduction services; licensing of computer software and other technology; online and Internet based social introduction, friendship, social networking and dating services; match making services; social introduction, social networking and dating services and information, advisory and consultancy services relating to all the aforesaid

1992923

(IR number 14562156)

Class 9: Computer software; computer application software for mobile phones; computer software development tools; computer software for use as an application programming interface (API) to allow access to online services for social networking and friend introductions; software and software applications to enable transmission, access, organization, and management of text messaging, instant messaging, web links and images via the Internet and other communications networks; computer software for building social networking and friend introduction applications and allowing for data retrieval, upload, download, access and management; computer software to enable uploading, downloading, accessing, posting, displaying, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks; downloadable software in the field of social networking and friend introductions; downloadable software in the nature of a mobile application; downloadable software in the nature of a mobile application for social networking and friend introductions; application software for social networking services via internet; downloadable electronic publications; including parts and fittings for all the aforementioned goods.

Class 25: Clothing; tops and bottoms, sweaters, shirts, T shirts, trousers, outer clothing, namely tops and bottoms, knitwear, namely tops and bottoms, coats, skirts, aprons, parkas, camisoles, pants, underclothing, jerseys, vests, underwear, dresses, jeans, leggings, jumpers, beach clothes, namely tops and bottoms, pyjamas, underpants, swim suits, bikinis, swimming trunks, waterproof clothing, namely tops and bottoms; footwear; boots, shoes, sandals, slippers, caps, hats; headgear; lingerie, socks, gloves, scarves, ties, clothing belts.

Class 35: Advertising and promotion services and information services relating thereto provided on-line from a computer database or the Internet; compilation of advertisements for use as web pages on the Internet; provision of space on websites for advertising goods and services; writing of publicity texts; collection of data; electronic data processing; compilation of data in computer databases; providing business information in the field of social media; advertising and marketing services provided by means of social media; business networking services; career networking services; arranging business introductions, namely, business networking; agency services for arranging business introductions for business networking; information services for jobs and career opportunities; business information; business advice; business promotion through advertising and marketing; business intelligence services; employment agencies; employment recruiting services; personnel recruitment; personnel recruitment advertising, namely, personnel recruitment services and employment agencies; providing employment information; personality testing for personnel recruitment purposes; career placement; business assistance for recruitment and placement of staff; organising and conducting job fairs; writing of publicity texts; preparation of résumés for others; writing of curriculum vitae for others; database management; information, advisory and consultancy services relating to all the aforesaid.

Class 38: Telecommunications services, namely, electronic transmission of data, messages and information between and among computers, mobile and handheld devices and wired and wireless communication devices; telecommunication services, namely, enabling users to transmit messages, comments, multimedia content, videos, movies, films, and photos, audio content, animation, pictures, images, text, information, and other user-generated content via a global computer network and other computer and communications networks; providing online communications links which transfer users to other websites; chat room services for social networking; providing access to computer, electronic and online databases; broadcasting services over computer or other communication networks namely, uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise electronically transmitting data, text, information, messages, images, graphics, photographic images, video, audio and audio-visual content; providing access to online services relating to social networking, social introduction and dating; providing access to an online network service; providing access to computer databases in the fields of entertainment and education; providing access to computer databases in the field of social networking and friend introductions; providing on-line facilities that enable the sharing of blogs, photos, videos, podcasts, and other audio-visual materials; providing on-line facilities that enable the creation and updating of personal electronic web pages featuring user-provided content; telecommunication information, advisory and consultancy services for all the aforesaid.

Class 41: Entertainment and education services; providing entertainment and educational information and conducting and hosting seminars, presentations and educational discussion groups and providing training in the fields of personal development, career development, relationship building, dating, social networking, friendships, personal relations, training, recruiting, business consulting, business development, and networking; electronic and online publishing services; hosting of exhibitions, conferences and seminars and networking events for business, cultural, personal and educational purposes; organising and conducting online educational and training events including virtual meetings and seminars; electronic publications (not downloadable); training in relation to employment opportunities; training relating to employment skills; arranging and conducting of commercial, trade and business conferences; writing of texts, other than publicity texts; social club services for entertainment purposes; publication of documents in the field of social affairs; information, advisory and consultancy service relating to all the aforesaid.

Class 45: Social introduction, networking and dating services; match making services; online dating, friendship, introduction and social networking services; social introduction and networking services; online social networking services accessible by means of downloadable mobile applications; social introduction agencies; personal introduction services by computer; Internet based personal introduction services; Internet based dating, matchmaking and personal introduction services; providing information in the field of personal and social services provided by third parties to meet the needs of individuals, namely self-improvement, self-fulfilment, charitable, philanthropic, volunteer, public and community services, and humanitarian activities; advisory and consultancy services relating to all the aforesaid.

2077994

(IR number 1522306)

Class 3: Non-medicated cosmetics and toiletry preparations; non-medicated skin care preparations; multifunctional cosmetics; natural cosmetics; organic cosmetics; sun blocking preparations; cosmetics for personal use; non-medicated dentifrices; perfumery, essential oils; bleaching preparations for cosmetic purposes; cleaning, polishing, scouring and abrasive preparations; toiletries; shaving preparations; after-shave creams; eau de Cologne; lotions; milks; cosmetic creams; face and body creams; face serums; hand and body creams and lotions; facial toner; moisturising body lotion; anti-aging cream; under eye correctors; under-eye enhancers; make-up primers; contour make-up sticks; facial concealer; balms for cosmetic purposes; balms other than for medical purposes; beauty and personal care preparations; beauty masks; face masks; cosmetic facial masks; sun bronzers; body sprays; body mists; body wash; bubble bath; bath foams; bath oils; bath gel; bath milks; bath bombs; bath melts; bath petals; bath salts; bath pearls; cleaning gels; cosmetics; decorative cosmetics; cover sticks; foundation make-up; cream foundation; liquid foundation; cosmetic powders; loose face powder; face dusting powders; pressed face powder; eau de toilette; blusher; eye liner; eye pencil; eye shadow; eyebrow cosmetics; eyebrow pencil; eyelash tint; pomades for cosmetic purposes; lip cosmetics; lip gloss; lip balm; lip liner; lip pencil; lip stains [cosmetics]; lipstick; lipstick cases; mascara; make-up remover; make-up removing gels; skin cleansers; wipes, tissues and cloths impregnated with a skin cleanser; make-up removing lotions; make-up removing milks; make-up removing preparations; make-up pads of cotton wool; cotton wool balls for cosmetic use; cotton buds for cosmetic purposes; body scrubs; sun care preparations; sun protectors for lips; sunblock lotions; sunscreen; self tanning creams [cosmetic]; self tanning lotions [cosmetic]; shower gels; soaps; exfoliating body scrub; face and body glitter; shampoos; hair conditioners; hair masks; hairspray; hair chalks; hair colouring; hair dyes; hair highlighting spray; dry shampoo; hair wax; hair mousse; hair oil; hair removing cream; perfumes; breath fresheners; hand wash; removable tattoos for cosmetic purposes; henna [cosmetic dye]; body deodorants; substances for laundry use; abrasives; abrasive boards for use on fingernails; nail varnishes; artificial fingernails; nail adhesives; nail tips; nail hardeners; nail strengtheners; nail art pens; nail art stickers; nail glitter; nail polish removers; cuticle oils; cuticle creams; cuticle conditioners; artificial eyelashes; teeth whitening strips; room fragrances; air fragrance reed diffusers; parts and fittings for all the aforementioned goods.

Class 4: Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting; candles; parts and fittings for all the aforementioned goods.

Class 5: Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use; dietary supplements for humans and animals; plasters, materials for dressings; medicated lotions and creams, antiseptic creams, nappy-rash creams, preparations for the care of sunburn; dietary supplements consisting of vitamins; dietetic preparations; dietary and nutritionally fortified food products adapted for medical use; vitamins for dietary supplements; minerals for dietary supplements; vitamin drinks; vitamin preparations in the nature of food supplements; dietary supplement drinks; flaxseed dietary supplements; linseed dietary supplements; protein dietary supplements; pea protein dietary supplements; lecithin dietary supplements; sunflower lecithin dietary supplements; preparations of vitamins; food supplements; health food supplements; herbal supplements for boosting energy; royal jelly dietary supplements; therapeutic and dietary products and preparations containing pollen, honey and/or other bee products; vitamin and mineral supplements; vitamin and mineral supplements containing pollen, honey and/or other bee products; compounds and gels containing pollen, honey and/or other bee products for medical purposes; material for stopping teeth, dental wax; disinfectants; fungicides, herbicides; personal sexual lubricants; sexual stimulant gels; sanitary preparations and articles; hand sanitizers; parts and fittings for all the aforementioned goods.

Class 8: Hand tools and implements, hand-operated; cutlery; razors; electronic crimping irons for the hair; electric hair braiders; electric curling irons; curling tongs; electric hair straighteners; electric irons for styling hair; electric hair trimmers; electric hair clippers; electric hair cutters; manicure sets; cuticle nippers; cuticle tweezers; cuticle scissors; cuticle pushers; emery boards; emery files; nail scissors; nail clippers; nail buffers; nippers; hair-removing tweezers; hair cutting scissors; scissors for kitchen use; parts and fittings for all the aforementioned goods.

Class 9: Computer software; computer software and computer games (including software and games downloadable from the internet); software for social introduction; software for social networking; software for dating; software for business networking; software for personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations; computer application software for mobile phones for personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations; geolocation software; computer game software; computer game software playable via a social networking, business networking, social introduction, or dating applications; computer software for use as an application programming interface (API) to allow access to online services for competitions; computer software for use as an application programming interface (API) to allow access to online services for personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations; software and software applications to enable transmission, access, organization, and management of text messaging, instant messaging, web links, locations and images via the Internet and other communications networks; computer software to enable uploading, downloading, accessing, posting, displaying, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks; downloadable software in the field of personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations; downloadable software in the nature of a mobile application personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations; software for location-based personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations; downloadable electronic publications; databases; apparatus for recording, transmission or reproduction of sound or images; audio apparatus; magnetic data carriers, recording discs; film, sound and video recordings; tapes, cassettes, vinyl records, records [sound recordings] and other analogue recording media; compact discs, DVDs and other digital recording media; digital recordings; music and digital podcasts (downloadable); telephone ringtones (downloadable); publications (downloadable); sunglasses; eyewear; eyewear cases; eyewear pouches; cases for contact lenses; pedometers; wearable activity trackers; scales; electronic scales; bathroom scales; electronic signal transmitters; electronic tablets; mobile telephones; cameras; disposable cameras; carrying cases for mobile telephones; covers for smartphones; cases for cameras, binoculars and computers; protective cases for e-book readers; memory sticks; electronic publications; mobile phone accessories; phone charging kits (plug, cable, power pack); grips, stands and mounts for handheld electronic devices including mobile phones, tablets, sound players, video players, cameras, e-readers; protective mobile phone cases; adaptors; cases for tablet computers; laptop cases; laptop sleeves; selfie sticks; headphones; earphone cases; portable power packs; speaker cases; mouse mats; computer mouse; karaoke machines; microphones; headsets; virtual reality headsets; wrist rests for use with computers; tape measures; rulers; magnets; eyeglass lanyards; cardboard CD/DVD sleeves; parts and fittings for all the aforementioned goods.

Class 11: Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes; tanning apparatus [sun beds]; ultraviolet ray lamps, not for medical purposes; nail lamps; curling lamps; electric fans for personal use; electric heating fans; flaming torches; hair dryers; electric hair dryers; travel hair dryers; hand held battery operated fans; USB-powered desktop fans; steam facial apparatus [saunas]; steam baths, saunas and spas; foot spas; hot water bottles; lamps; lamp shades; book lights; bicycle reflectors; decorative lighting; string lights for festive decoration; strings of coloured lights for decorative purposes; glow sticks; fabric steamers; food steamers, electric; food dehydrators, electric; fruit roasters; filters for drinking water; air deodorising apparatus; air cooling apparatus; air dryers; beverage cooling apparatus; bed warmers; bicycle lights; toasters; lanterns; Chinese lanterns; chocolate fountains, electric; coffee machines, electric; cooking utensils, electric; curing lamps, not for medical purposes; sterilisers; steam sterilisers; ice-cream making machines; kettles, electric; oil burners; electronic candles; electric flashlights; tortilla presses, electric; waffle irons, electric; electric appliances for making yoghurt; water fountains; parts and fittings for all the aforementioned goods.

Class 14: Precious metals and their alloys; jewellery; precious and semi-precious stones; paste jewellery [costume jewellery]; pins [jewellery]; shoe jewellery; rings; earrings; necklaces; chokers; pendants; bracelets; charity bracelets; bangles; badges of precious metal; pin badges; brooches; lapel pins; tie clips; tie bars; cuff links; cuff bracelets; charms; clocks; watch bands; watches; wristwatches with pedometer feature; jewellery boxes; key rings, key fobs; charms for key chains; charms for key rings; decorative key rings; key chain tags; key chains for use as jewellery; key holders; leather key rings; horological and chronometric apparatus and instruments; statues, trophies, medals and awards in precious metals; parts and fittings for the aforementioned goods.

Class 16: Printed matter and printed publications; posters, books, magazines, leaflets, brochures, journals and event programmes; flyers; stickers; stationery; articles for packaging, wrapping and storage of paper, cardboard or plastics; adhesive packaging tapes; gift boxes; gift bags; gift packaging; disposable paper products, namely die cut paper shapes, bibs, handkerchiefs, coasters, doilies, napkins and paper table linen; stencils; nail stencils; scented paper drawer liners; tissues; face tissues of paper; pens; vouchers; photographs; artists' materials; paint brushes; instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); absorbent sheets of paper or plastic for foodstuff packaging; adhesive bands for stationery or household purposes; adhesive tape dispensers [office requisites]; adhesive tapes for stationery or household purposes; adhesives [glues] for stationery or household purposes; advertisement boards of paper or cardboard; paper boxes; cardboard boxes; display boxes of cardboard; cardboard packaging; cardboard packaging boxes in collapsible form; polythene films for wrapping or packaging; packaging boxes of paper; airtight packaging of paper; airtight packaging of cardboard; containers of card for packaging; containers of cardboard for packaging; lining papers for wrapping; cellulose acetate film for wrapping; albums; almanacs; announcement cards [stationery]; bags (conical paper -); bags [envelopes, pouches] of paper or plastics, for packaging; bags for microwave cooking; balls for ball-point pens; bibs of paper; bags for packaging made of biodegradable plastic; bags for packaging made of biodegradable paper; packaging materials made from mineral-based paper substitutes; blackboards; blotters; bookends; booklets; bookmarkers; books; bottle envelopes of cardboard or paper; bottle wrappers of cardboard or paper; boxes of cardboard or paper; bubble packs (plastic -) for wrapping or packaging; calendars; canvas for painting; cardboard; cardboard articles, namely albums, boxes, archive boxes, tubes, mailing tubes, business card books, files, folders, suspension files, pocket files, flap wallets, portfolio wallets, slip file, gusset files, box files, lever arch files, magazine file, ring binders, dividers, paper sorter, repositional note, page markers, envelopes, labels, string tags, business cards, filing modules, desktop collection tray, year planners, bookmarks; cardboard tubes; cards; cases for stamps [seals]; catalogues; charcoal pencils; chart pointers, non-electronic; clipboards; clips for offices; coasters of paper; coffee filters (paper -); comic books; compasses for drawing; copying paper [stationery]; correcting fluids [office requisites]; correcting ink [heliography]; correcting tapes [office requisites]; covers [stationery]; credit card imprinters, non-electric; decalcomanias; document files [stationery]; document holders [stationery]; drawer liners of paper, perfumed or not; drawing boards; drawing instruments; drawing materials; drawing pads; drawing pens; drawing sets; elastic bands for offices; embroidery designs [patterns]; engraving plates; engravings; envelopes [stationery]; erasing products; erasing shields; etching needles; etchings; face towels of paper; files [office requisites]; filter paper; filtering materials [paper]; flags of paper; paper banners; flower-pot covers of paper; folders for papers; folders [stationery]; forms, printed; fountain pens; garbage bags of paper or of plastics; graphic prints; greeting cards; gummed tape [stationery]; handkerchiefs of paper; handwriting specimens for copying; hat boxes of cardboard; holders for checkbooks [cheque books]; holders for stamps [seals]; humidity control sheets of paper or plastic for foodstuff packaging; index cards [stationery]; indexes; indian inks; ink; ink sticks; ink stones [ink reservoirs]; inking pads; inkstands; inkwells; labels, not of textile; ledgers [books]; letter trays; letters [type]; lithographic works of art; lithographs; loose-leaf binders; luminous paper; manifolds [stationery]; marking pens [stationery]; mats for beer glasses; modelling clay; modelling materials; modelling paste; modelling wax, not for dental purposes; molds for modelling clays [artists' materials]; money clips; musical greeting cards; napkins of paper for removing make-up; newsletters; newspapers; nibs; note books; office perforators; office requisites, except furniture; packaging material made of starches; packing paper; pads [stationery]; paint boxes [articles for use in school]; paint trays; painters' easels; paintings [pictures], framed or unframed; palettes for painters; pamphlets; pantographs [drawing instruments]; paper; paper bows; paper clasps; paper-clips; paper knives [cutters]; office requisites; paper ribbons; paper sheets [stationery]; paperweights; parchment paper; passport holders; passport covers; pastels [crayons]; patterns for dressmaking; patterns for making clothes; pen cases; pen clips; pen wipers; pencil holders; pencil lead holders; pencil leads; pencil sharpeners, electric or non-electric; pencil sharpening machines, electric or non-electric; pencils; penholders; pens [office requisites]; periodicals; photo-engravings; photograph stands; photographs [printed]; pictures; placards of paper or cardboard; place mats of paper; plastic film for wrapping; portraits; postcards; printed publications; prints [engravings]; table linen of paper; table napkins of paper; tablecloths of paper; tablemats of paper; writing cases [sets]; writing cases [stationery]; writing chalk; writing instruments; writing materials; writing or drawing books; writing pads; writing paper; parts and fittings for all the aforementioned goods.

Class 18: Luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; animal leashes; animal collars; purses; coin purses; wallets; travel pass holders; handbags; luggage tags; suitcases; rucksacks; backpacks; sports bags; school bags; shopping bags; tote bags; canvas bags; fashion bags; holdalls; weekend bags; wash bags; umbrella bags; bum bags; foldaway bags; make up bags; cosmetic cases; cosmetic pouches; grooming organizers for travel; handbag organizers; flight bags; garment bags; key pouches; leather pouches; leather bags; tool pouches sold empty; swim bags; shoe bags; pyjama bags; beach bags; trunks and travelling bags; vanity cases sold empty; parts and fittings for all the aforementioned goods.

Class 20: Furniture, mirrors, picture frames; containers, not of metal, for storage; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber; action figures made of plastic and wood; miniature figurines; figurines, model figures, models, ornaments made of wood; statues of wood, wax, plaster or plastic; figurines [statuettes] of wood, wax, plaster or plastic; clothes hangers; pillows and cushions; animal housing and beds; hand held folding fans; non-metal hook purse hangers; cardboard recycling bin; sleeping mats; parts and fittings for all the aforementioned goods.

Class 21: Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; wide tooth combs for hair; electric hair combs; brushes (except paint brushes); hair brushes; electric hair brushes; brush-making materials; make-up brushes; cosmetics brushes; powder compacts; powder puffs; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes; dishes [household utensils]; money boxes; lunch boxes; bento boxes; snack boxes; cupcake baking cases; cupcake moulds; carafes; decanters; serving trays; egg cups; oven mitts; ironing board covers; drinking vessels; cups; mugs; beer mugs; tankards; jugs; cruet sets; spice sets; picnic baskets (fitted-) including dishes; bottle openers; cork screws; travel mugs; ice cube trays; ice buckets; plastic champagne flutes; insulating sleeve holders for beverage cups, bottles, cans; shakers; cocktail shakers; cocktail stirrers; drinking straws; painted glassware; crockery; cutlery rests; cutlery trays; chopsticks; coasters, not of paper and other than table linen; teapots; tea strainers; cake stands; paper drinking straws; cup sleeves of cardboard; fragrant oil burners; aromatic oil diffusers, other than reed diffusers; soap dispensers; loofahs; jars; bottles; flasks; apothecary jars; vases; containers for flowers; flower and plant baskets; candlesticks; candelabra [candlesticks]; figurines [statuettes] of porcelain, ceramic, earthenware or glass; baskets for domestic use; wastepaper baskets; porcelain articles for decorative purposes; coin banks (piggy banks); parts and fittings for all the aforementioned goods.

Class 24: Goods made from textiles and substitutes for textiles; household linen; bed and table covers; flags, banners, bunting; coasters; linen; pyjama cases; blankets; picnic blankets; sleeping bags; towels; curtains; shower curtain; wall hangings; hot water bottle covers of textile; printed fabrics; quilts, quilt covers; bed spreads, bed sheets; pillow cases; handkerchiefs made of textile; textile articles sold as part of needlecraft kits; wall plaques of textile; baby blankets; baby buntings; parts and fittings for the aforementioned goods.

Class 25: Clothing, footwear, headgear; clothing, namely, sweaters and sweatshirt, shirts, polo shirts, blouses, shell tops, T-shirts, tank tops, crop tops, camisoles, vests, tunics, cardigans, clothing wraps, trousers, pants, chinos, shorts, skorts, jeans, leggings, jeggings, joggers, tracksuits, loungewear, dresses, jumpsuits, playsuits, dungarees, skirts, outer clothing, namely, gilets, capes, jackets, quilted jackets, suit jackets, blazers, kimonos, jumpers, knitwear, hoodies [clothing] coats, parkas, ponchos, snoods, hand muffs, aprons, jerseys, underwear, underclothing, pyjamas, nightwear, dressing gowns, bath robes, bodysuits, hosiery, shapewear, corsets, nighties, underpants, cuffs; beach clothes, namely, swimming caps, swim wear, bikinis, tankinis, swimming trunks, swim suits; suspenders, suspender belts; waterproof clothing, namely, waterproof jackets and waterproof pants; footwear; headwear namely, hats, caps, bandanas, beanies, ear muffs, fascinator hats, headbands, headscarves, visors; wristbands [clothing]; sweat bands; parts and fittings for all the aforementioned goods.

Class 26: Lace and embroidery, ribbons and braid; buttons; hooks and eyes; pins and needles; artificial flowers; hair decorations; false hair; artificial fruit; badges for wear, not of precious metal; barrettes [hair-slides]; beads other than for making jewelry; birds' feathers [clothing accessories]; bobbins for retaining embroidery floss or wool [not parts of machines]; bodkins; boxes for needles; brassards; brooches [clothing accessories]; collar supports; competitors' numbers; darning lasts; decoration of textile articles (heat adhesive patches for -) [haberdashery]; expanding bands for holding sleeves; false beards; false moustaches; feathers [clothing accessories]; hair coloring caps; hair curlers, other than hand implements; hair curling papers; hair curling pins; hair extensions; hair grips [slides]; hair nets; hair ornaments; hair bows; hair pins; claw clips [hair accessories]; snap clips [hair accessories]; hair twisters [hair accessories]; hair scrunchies; hair bands; elasticated hair bands; foam hair rollers; hat ornaments, not of precious metal; belt clasps; belt buckles; heat adhesive patches for repairing textile articles; needle cases; needle cushions; numerals for marking linen; ostrich feathers [clothing accessories]; pin cushions; plaited hair; sewing boxes; sewing thimbles; shoe ornaments, not of precious metal; shoe laces; shoulder pads for clothing; spangles for clothing; top-knots [pompoms]; toupees; trouser clips for cyclists; wigs; lanyards (cords) for wear; lanyards for keys; parts and fittings for all the aforementioned goods.

Class 28: Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees; play balloons; game balls; baseball gloves; bats for games; bells and other decorations for Christmas trees; roller skates; in line skates; toy flying saucers and other flying discs; clubs for games; above ground wading pools; exercise weights; dumbbells; exercise bands; yoga straps; gym balls; hand grip strengtheners; playing cards and card games; apparatus for playing electronic game; balloons; balls for games; balls for play; battery operated toys; battery operated remote controlled toy vehicles; bats for ball games; beach balls; board games; costumes masks; toy craft model kits; developmental toys; educational playthings; interactive gaming chairs for video games; gaming keypads; hand-held units for playing electronic games; electronic learning toys; soft toys; inflatable swimming pools; jigsaw puzzles; cube puzzles; kites; musical toys and games; toy figures; model toys; party favours; party games; stuffed toy animals; dart mats; barrels for darts; holders for darts; cardboard raffle tickets; water globes; parts and fittings for all the aforementioned goods.

Class 29: Meat, fish, poultry and game; meat extracts; vegetarian sausages; vegetarian charcuterie; preserved, frozen, dried and cooked fruits and vegetables; ready prepared meals made primarily of meat, fish or vegetables; jellies, jams, compotes; eggs; milk and milk products; oils and fats for food; jerky.

Class 30: Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces [condiments]; spices; ice [frozen water]; sweets (non-medicated); ice creams, sorbets; frozen lollies; frozen yoghurt; frozen yoghurt cakes; cake mixes; biscuits; edible cake decorations; candy mints; honey; kombucha tea.

Class 31: Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.

Class 32: Beers; honey beer; mineral waters; aerated waters; non-alcoholic beverages; fruit beverages and fruit juices; nutritional drinks, namely, mixed fruit juices, vegetable juices; energy drinks; syrups for making beverages; preparations for making beverages; beverages containing vitamins; powders for the preparation of beverages; parts and fittings for all the aforementioned goods.

Class 33: Alcoholic beverages (except beers); wine; cider; pre-mixed alcoholic beverages, other than beer-based; alcoholic essences; alcoholic extracts; anise [liqueur]; anisette [liqueur]; aperitifs; arak [arrack]; bitters; brandy; cider; cocktails; curacao; digesters [liqueurs and spirits]; distilled beverages; fruit (alcoholic beverages containing -); fruit extracts, alcoholic; gin; kirsch; liqueurs; mead [hydromel]; peppermint liqueurs; perry; piquette; rice alcohol; rum; sake; spirits [beverages]; vodka; whisky; wine, spirits, liquors; honey wine; parts and fittings for all the aforementioned goods.

Class 35: Advertising, marketing and promotional services; business advice and consultancy; business management services; business management provided on-line from a computer database or the internet; business introductions, business networking services; online business introductions and online business networking services; location-based business introductions and location-based business networking services; business introductions and business networking services provided via a software application for portable electronic devices; market research services; compilation of advertisements for use as web pages on the internet; provision of space on websites for advertising goods and services; provision of advertising space in mobile applications for advertising goods and services; business administration services; business administration services for the processing of sales made on the internet; organisation, operation and supervision of loyalty and incentive schemes; opinion polling; writing of publicity texts; search engine optimisation; database management; collection of data; electronic data processing; compilation of data in computer databases; providing business information in the field of social media; providing marketing consulting in the field of social media; advertising and marketing services provided by means of social media; advertising services to promote public awareness of social and economic issues; advertising services to promote public awareness in the field of social welfare; developing and coordinating volunteer projects for charitable organisations; charitable services, namely organising and conducting volunteer programmes and community service projects; charitable services, namely the recruitment, organisation and deployment of volunteers; charitable services, namely business management and administration; wholesale and retail services relating to the sale of non-medicated cosmetics and toiletry preparations, non-medicated skin care preparations, multifunctional cosmetics, natural cosmetics, organic cosmetics, sun blocking preparations, cosmetics for personal use, non-medicated dentifrices, perfumery, essential oils, bleaching preparations for cosmetic purposes, cleaning, polishing, scouring and abrasive preparations, toiletries, shaving preparations, after-shave creams, eau de cologne, lotions, milks, creams, face and body creams, face serums, hand and body creams and lotions, facial toner, moisturising body lotion, anti-aging cream, under eye correctors, under-eye enhancers, make-up primers, contour make-up sticks, facial concealer, balms, balms other than for medical purposes, beauty and personal care preparations, beauty masks, face masks, cosmetic facial masks, sun bronzers, body sprays, body mists, body wash, bubble bath, bath foams, bath oils, bath gel, bath milks, bath bombs, bath melts, bath petals, bath salts, bath pearls, cleaning gels, cosmetics, decorative cosmetics, cover sticks, foundation make-up, cream foundation, liquid foundation, powders, loose face powder, face dusting powders, pressed face powder, eau de toilette, blusher, eye liner, eye pencil, eye shadow, eyebrow cosmetics, eyebrow pencil, eyelash tint, pomades for cosmetic purposes, lip cosmetics, lip gloss, lip balm, lip liner, lip pencil, lip stains [cosmetics], lipstick, lipstick cases, mascara, make-up remover, make-up removing gels, skin cleansers, wipes, tissues and cloths impregnated with a skin cleanser, make-up removing lotions, make-up removing milks, make-up removing preparations, make-up pads of cotton wool, cotton wool balls for cosmetic use, cotton buds for cosmetic purposes, scrubs, sun care preparations, sun protectors for lips, sunblock lotions, sunscreen, self tanning creams [cosmetic], self tanning lotions [cosmetic], shower gels, soaps, exfoliating body scrub, face and body glitter, shampoos, hair conditioners, hair masks, hairspray, hair chalks, hair colouring, hair dyes, hair highlighting spray, dry shampoo, hair wax, hair mousse, hair oil, hair removing cream, perfumes, breath fresheners, hand wash, hand sanitizers, removable tattoos for cosmetic purposes, henna [cosmetic dye], body deodorants, substances for laundry use, abrasives, abrasive boards for use on fingernails, nail varnishes, artificial fingernails, nail adhesives, nail tips, nail hardeners, nail strengtheners, nail art pens, nail art stickers, nail glitter, nail polish removers, cuticle oils, cuticle creams, cuticle conditioners, artificial eyelashes, room fragrances, air fragrance reed diffusers, industrial oils and greases, wax, lubricants, dust absorbing, wetting and binding compositions, fuels and illuminants, candles and wicks for lighting, candles, pharmaceuticals, medical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, dietary supplements for humans and animals, plasters, materials for dressings, medicated lotions and creams, antiseptic creams, nappy-rash creams, preparations for the care of sunburn, dietary supplements consisting of vitamins, dietetic preparations, dietary and nutritionally fortified food products adapted for medical use, vitamins for dietary supplements, minerals for dietary supplements, vitamin drinks, vitamin preparations in the nature of food supplements, dietary supplement drinks, flaxseed dietary supplements, linseed dietary supplements, protein dietary supplements, pea protein, lecithin dietary supplements, sunflower lecithin, preparations of vitamins, food supplements, health food supplements, herbal supplements for boosting energy, royal jelly dietary supplements, therapeutic and dietary products and preparations containing pollen, honey and/or other bee products, vitamin and mineral supplements, vitamin and mineral supplements containing pollen, honey and/or other bee products, compounds and gels containing pollen, honey and/or other bee products for medical purposes, teeth whitening strips, material for stopping teeth, dental wax, disinfectants, fungicides, herbicides, personal sexual lubricants, sexual stimulant gels, sanitary preparations and articles, hand tools and implements, hand-operated, cutlery, razors, electronic crimping irons for the hair, electric hair braiders, electric curling irons, curling tongs, electric hair straighteners, electric irons for styling hair, electric hair trimmers, electric hair clippers, electric hair cutters, manicure sets, cuticle nippers, cuticle tweezers, cuticle scissors, cuticle pushers, emery boards, emery files, nail scissors, nail clippers, nail buffers, nippers, hair-removing tweezers, hair cutting scissors, scissors for kitchen use, computer software, computer software and computer games (including software and games downloadable from the internet), software for social introduction, software for social networking, software for dating, software for business networking, software for personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations, computer application software for mobile phones for personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations, geolocation software, computer game software, computer game software playable via a social networking, business networking, social introduction, or dating applications, computer software for use as an application programming interface (API) to allow access to online services for competitions, computer software for use as an application programming interface (API) to allow access to online services for personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations, software and software applications to enable transmission, access, organization, and management of text messaging, instant messaging, web links, locations and images via the Internet and other communications networks, computer software to enable uploading, downloading, accessing, posting, displaying, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks, downloadable software in the field of personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations, downloadable software in the nature of a mobile application personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations, software for location-based personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations, downloadable electronic publications, databases, apparatus for recording, transmission or reproduction of sound or images, audio apparatus, magnetic data carriers, recording discs, film, sound and video recordings, tapes, cassettes, vinyl records, records [sound recordings] and other analogue recording media, compact discs, DVDs and other digital recording media, digital recordings, music and digital podcasts (downloadable), telephone ringtones (downloadable), publications (downloadable), sunglasses, eyewear, eyewear cases, eyewear pouches, cases for contact lenses, pedometers, wearable activity trackers, scales, electronic scales, bathroom scales, electronic signal transmitters, electronic tablets, mobile telephones, cameras, disposable cameras, carrying cases for mobile telephones, covers for smartphones, cases for cameras, binoculars and computers, protective cases for e-book readers, memory sticks, electronic publications, mobile phone accessories, phone charging kits (plug, cable, power pack), grips, stands and mounts for handheld electronic devices including mobile phones, tablets, sound players, video players, cameras, e-readers, protective mobile phone cases, adaptors, tablet cases, laptop cases, laptop sleeves, selfie sticks, headphones, earphone cases, portable power packs, speaker cases, mouse mats, computer mouse, karaoke machines, microphones, headsets, virtual reality headsets, wrist rests for use with computers, tape measures, rulers, magnets, eyeglass lanyards, apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes, tanning apparatus [sun beds], ultraviolet ray lamps, not for medical purposes, nail lamps, curling lamps, electric fans for personal use, electric heating fans, flaming torches, hair dryers, electric hair dryers, travel hair dryers, hand held battery operated fans, USB-powered desktop fans, steam facial apparatus [saunas], steam baths, saunas and spas, foot spas, hot water bottles, lamps, lamp shades, book lights, bicycle reflectors, decorative lighting, string lights for festive decoration, strings of coloured lights for decorative purposes, coin banks (piggy banks), goods made from textiles and substitutes for textiles, household linen, bed and table covers, flags, banners, bunting, mats and coasters, linen, pyjama cases, blankets, picnic blankets, sleeping bags and sleeping mats, towels, curtains, shower curtain, wall hangings, hot water bottle covers, printed fabrics, quilts, quilt covers, bed spreads, bed sheets, pillow cases, handkerchiefs made of textile, textile articles sold as part of needlecraft kits, wall plaques of textile, baby blankets, baby buntings, glow sticks, fabric steamers, food steamers, electric, food dehydrators, electric, fruit roasters, filters for drinking water, air deodorising apparatus, air cooling apparatus, air dryers, beverage cooling apparatus, bed warmers, bicycle lights, toasters, lanterns, Chinese lanterns, chocolate fountains, electric, coffee machines, electric, cooking utensils, electric, curing lamps, not for medical purposes, sterilisers, steam sterilisers, ice-cream making machines, kettles, electric, oil burners, electronic candles, electric flashlights, tortilla presses, electric, waffle irons, electric, electric appliances for making yoghurt, water fountains, precious metals and their alloys, jewellery, precious and semi-precious stones, paste jewellery [costume jewellery], pins [jewellery], shoe jewellery, rings, earrings, necklaces, chokers, pendants, bracelets, charity bracelets, bangles, badges, pin badges, brooches, lapel pins, tie clips, tie bars, cuff links, cuff bracelets, charms, clocks, watch bands, watches, wristwatches with pedometer feature, jewellery boxes, key rings, key fobs, charms for key chains, charms for key rings, decorative key rings, key chain tags, key chains for use as jewellery, key holders, leather key rings, lanyards for keys, horological and chronometric apparatus and instruments, statues, trophies, medals and awards in precious metals, printed matter and printed publications, posters, books, magazines, leaflets, brochures, journals and event programmes, flyers, stickers, stationery, articles for packaging, wrapping and storage of paper, cardboard or plastics, adhesive packaging tapes, gift boxes, gift bags, gift packaging, disposable paper products, namely die cut paper shapes, bibs, handkerchiefs, coasters, doilies, napkins and paper table linen, stencils, nail stencils, scented paper drawer liners, tissues, face tissues of paper, pens, vouchers, photographs, artists' materials, paint brushes, instructional and teaching material (except apparatus), plastic materials for packaging (not included in other classes), absorbent sheets of paper or plastic for foodstuff packaging, adhesive bands for stationery or household purposes, adhesive tape dispensers [office requisites], adhesive tapes for stationery or household purposes, adhesives [glues] for stationery or household purposes, advertisement boards of paper or cardboard, paper boxes, cardboard boxes, display boxes of cardboard, cardboard packaging, cardboard packaging boxes in collapsible form, polythene films for wrapping or packaging, packaging boxes of paper, airtight packaging of paper, airtight packaging of cardboard, containers of card for packaging, containers of cardboard for packaging, lining papers for wrapping, cellulose acetate film for wrapping, albums, almanacs, announcement cards [stationery], bags (conical paper -), bags [envelopes, pouches] of paper or plastics, for packaging, bags for microwave cooking, balls for ball-point pens, bibs of paper, bags for packaging made of biodegradable plastic, bags for packaging made of biodegradable paper, packaging materials made from mineral-based paper substitutes, blackboards, blotters, bookends, booklets, bookmarkers, books, bottle envelopes of cardboard or paper, bottle wrappers of cardboard or paper, boxes of cardboard or paper, bubble packs (plastic -) for wrapping or packaging, calendars, canvas for painting, cardboard, cardboard articles, namely albums, boxes, archive boxes, tubes, mailing tubes, business card books, files, folders, suspension files, pocket files, flap wallets, portfolio wallets, slip file, gusset files, box files, lever arch files, magazine file, ring binders, dividers, paper sorter, repositional note, page markers, envelopes, labels, string tags, CD/DVD sleeves, raffle tickets, business cards, filing modules, desktop collection tray, recycling bin, year planners, bookmarks, cardboard tubes, cards, cases for stamps [seals], catalogues, charcoal pencils, chart pointers, non-electronic, clipboards, clips for offices, coasters of paper, coffee filters (paper -), comic books, compasses for drawing, copying paper [stationery], correcting fluids [office requisites], correcting ink [heliography], correcting tapes [office requisites], covers [stationery], credit card imprinters, non-electric, decalcomanias, document files [stationery], document holders [stationery], drawer liners of paper, perfumed or not, drawing boards, drawing instruments, drawing materials, drawing pads, drawing pens, drawing sets, elastic bands for offices, embroidery designs [patterns], engraving plates, engravings, envelopes [stationery], erasing products, erasing shields, etching needles, etchings, face towels of paper, files [office requisites], filter paper, filtering materials [paper], flags of paper, paper banners, flower-pot covers of paper, folders for papers, folders [stationery], forms, printed, fountain pens, garbage bags of paper or of plastics, graphic prints, greeting cards, gummed tape [stationery], handkerchiefs of paper, handwriting specimens for copying, hat boxes of cardboard, holders for checkbooks [cheque books], holders for stamps [seals], humidity control sheets of paper or plastic for foodstuff packaging, index cards [stationery], indexes, indian inks, ink, ink sticks, ink stones [ink reservoirs], inking pads, inkstands, inkwells, labels, not of textile, ledgers [books], letter trays, letters [type], lithographic works of art, lithographs, loose-leaf binders, luminous paper, manifolds [stationery], marking pens [stationery], mats for beer glasses, modelling clay, modelling materials, modelling paste, modelling wax, not for dental purposes, molds for modelling clays [artists' materials], money clips, musical greeting cards, napkins of paper for removing make-up, newsletters, newspapers, nibs, note books, office perforators, office requisites, except furniture, packaging material made of starches, packing paper, pads [stationery], paint boxes [articles for use in school], paint trays, painters' easels, paintings [pictures], framed or unframed, palettes for painters, pamphlets, pantographs [drawing instruments], paper, paper bows, paper clasps, paper-clips, paper knives [cutters], office requisites, paper ribbons, paper sheets [stationery], paperweights, parchment paper, passport holders, pastels [crayons], patterns for dressmaking, patterns for making clothes, pen cases, pen clips, pen wipers, pencil holders, pencil lead holders, pencil leads, pencil sharpeners, electric or non-electric, pencil sharpening machines, electric or non-electric, pencils, penholders, pens [office requisites], periodicals, photo-engravings, photograph stands, photographs [printed], pictures, placards of paper or cardboard, place mats of paper, plastic film for wrapping, portraits, postcards, printed publications, prints [engravings], table linen of paper, table napkins of paper, tablecloths of paper, tablemats of paper, writing cases [sets], writing cases [stationery], writing chalk, writing instruments, writing materials, writing or drawing books, writing pads, writing paper, cup sleeves of cardboard, paper drinking straws, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, animal leashes, animal collars, purses, coin purses, wallets, travel pass holders, passport covers, handbags, luggage tags, suitcases, rucksacks, backpacks, sports bags, school bags, shopping bags, tote bags, canvas bags, fashion bags, holdalls, weekend bags, wash bags, umbrella bags, bum bags, foldaway bags, make up bags, cosmetic cases, cosmetic pouches, grooming organizers for travel, handbag organizers, flight bags, garment bags, key pouches, leather pouches, leather bags, tool pouches sold empty, swim bags, shoe bags, pyjama bags, beach bags, trunks and travelling bags, vanity cases sold empty, furniture, mirrors, picture frames, containers, not of metal, for storage, unworked or semi-worked bone, horn, whalebone or mother-of-pearl, shells, meerschaum, yellow amber, action figures made of plastic and wood, miniature figurines, figurines, model figures, models, ornaments, water globes, statues of wood, wax, plaster or plastic, figurines [statuettes] of wood, wax, plaster or plastic, clothes hangers, pillows and cushions, animal housing and beds, hand held folding fans, non-metal hook purse hangers, household or kitchen utensils and containers, cookware and tableware, except forks, knives and spoons, combs and sponges, wide tooth combs for hair, electric hair combs, brushes (except paint brushes), hair brushes, electric hair brushes, brush-making materials, make-up brushes, cosmetics brushes, powder compacts, powder puffs, articles for cleaning purposes, steelwool, unworked or semi-worked glass (except glass used in building), glassware, porcelain and earthenware not included in other classes, dishes [household utensils], money boxes, lunch boxes, bento boxes, snack boxes, cupcake baking cases, cupcake moulds, carafes, decanters, serving trays, egg cups, oven mitts, ironing board covers, drinking vessels, cups, mugs, beer mugs, tankards, jugs, cruet sets, spice sets, picnic baskets (fitted-) including dishes, bottle openers, cork screws, travel mugs, ice cube trays, ice buckets, plastic champagne flutes, insulating sleeve holders for beverage cups, bottles, cans, shakers, cocktail shakers, cocktail stirrers, drinking straws, painted glassware, crockery, cutlery rests, cutlery trays, chopsticks, coasters, not of paper and other than table linen, teapots, tea strainers, cake stands, paper drinking straws, cup sleeves of cardboard, fragrant oil burners, aromatic oil diffusers, other than reed diffusers, soap dispensers, loofahs, jars, bottles, flasks, apothecary jars, vases, containers for flowers, flower and plant baskets, candlesticks, candelabra [candlesticks], figurines [statuettes] of porcelain, ceramic, earthenware or glass, baskets for domestic use, wastepaper baskets, porcelain articles for decorative purposes, clothing, footwear, headgear, clothing, namely, sweaters and sweatshirt, shirts, polo shirts, blouses, shell tops, T-shirts, tank tops, crop tops, camisoles, vests, tunics, cardigans, clothing wraps, trousers, pants, chinos, shorts, skorts, jeans, leggings, jeggings, joggers, tracksuits, loungewear, dresses, jumpsuits, playsuits, dungarees, skirts, outer clothing, namely, gilets, capes, jackets, quilted jackets, suit jackets, blazers, kimonos, jumpers, knitwear, hoodies [clothing] coats, parkas, ponchos, hand muffs, aprons, jerseys, underwear, underclothing, pyjamas, nightwear, dressing gowns, bath robes, bodysuits, hosiery, shapewear, corsets, nighties, underpants, cuffs, beach clothes, namely, swimming caps, swim wear, bikinis, tankinis, swimming trunks, swim suits, suspenders, suspender belts, waterproof clothing, namely, waterproof jackets and waterproof pants, footwear, headwear namely, hats, caps, bandanas, beanies, ear muffs, fascinator hats, headbands, headscarves, visors, wristbands [clothing], sweat bands, lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers, hair decorations, false hair, artificial fruit, badges for wear, not of precious metal, barrettes [hair-slides], beads other than for making jewelry, birds' feathers [clothing accessories], bobbins for retaining embroidery floss or wool [not parts of machines], bodkins, boxes for needles, brassards, brooches [clothing accessories], collar supports, competitors' numbers, darning lasts, decoration of textile articles (heat adhesive patches for -) [haberdashery], expanding bands for holding sleeves, false beards, false moustaches, feathers [clothing accessories], hair coloring caps, hair curlers, other than hand implements, hair curling papers, hair curling pins, hair extensions, hair grips [slides], hair nets, hair ornaments, hair bows, hair pins, claw clips [hair accessories], snap clips [hair accessories], hair twisters [hair accessories], hair scrunchies, hair bands, elasticated hair bands, foam hair rollers, hat ornaments, not of precious metal, belt clasps, belt buckles, heat adhesive patches for repairing textile articles, needle cases, needle cushions, numerals for marking linen, ostrich feathers [clothing accessories], pin cushions, plaited hair, sewing boxes, sewing thimbles, shoe ornaments, not of precious metal, shoe laces, shoulder pads for clothing, spangles for clothing, top-knots [pompoms], toupees, trouser clips for cyclists, wigs, lanyards (cords) for wear, games, toys and playthings, video game apparatus, gymnastic and sporting articles, decorations for Christmas trees, play balloons, game balls, baseball gloves, bats for games, bells and other decorations for Christmas trees, roller skates, in line skates, toy flying saucers and other flying discs, clubs for games, above ground wading pools, exercise weights, dumbbells, exercise bands, yoga straps, gym balls, hand grip strengtheners, playing cards and card games, apparatus for playing electronic game, balloons, balls for games, balls for play, battery operated toys, battery operated remote controlled toy vehicles, bats for ball games, beach balls, board games, costumes masks, craft model kits, developmental toys, educational playthings, interactive gaming chairs for video games, gaming keypads, hand-held units for playing electronic games, electronic learning toys, soft toys, inflatable swimming pools, jigsaw puzzles, cube puzzles, kites, musical toys and games, toy figures, model toys, party favours, party games, stuffed toy animals, dart mats, barrels for darts, holders for darts, meat, fish, poultry and game, meat extracts, vegetarian sausages, vegetarian charcuterie, preserved, frozen, dried and cooked fruits and vegetables, ready prepared meals made primarily of meat, fish or vegetables, jellies, jams, compotes, eggs, milk and milk products, oils and fats for food, jerky, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate, edible ices, sugar, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces [condiments], spices, ice [frozen water], sweets (non-medicated), ice creams, sorbets, frozen lollies, frozen yoghurt, frozen yoghurt cakes, cake mixes, biscuits, edible decorations, candy mints, honey, kombucha tea, raw and unprocessed agricultural, aquacultural, horticultural and forestry products, raw and unprocessed grains and seeds, fresh fruits and vegetables, fresh herbs, natural plants and flowers, bulbs, seedlings and seeds for planting, live animals, foodstuffs and beverages for animals, malt, beers, honey beer, mineral waters, aerated waters, non-alcoholic beverages, fruit beverages and fruit juices, nutritional drinks, namely, mixed fruit juices, vegetable juices, energy drinks, syrups for making beverages, preparations for making beverages, beverages containing vitamins, powders for the preparation of beverages, alcoholic beverages (except beers), wine, cider, pre-mixed alcoholic beverages, other than beer-based, alcoholic essences, alcoholic extracts, anise [liqueur], anisette [liqueur], aperitifs, arak [arrack], bitters, brandy, cider, cocktails, curacao, digesters [liqueurs and spirits], distilled beverages, fruit (alcoholic beverages containing -), fruit extracts, alcoholic, gin, kirsch, liqueurs, mead [hydromel], peppermint liqueurs, perry, piquette, rice alcohol, rum, sake, spirits [beverages], vodka, whisky, wine, spirits, liquors, honey wine; insurance claims administration; hosting of exhibitions and networking events for business purposes; information, advisory and consultancy services relating to all the aforesaid.

Class 36: Financial and monetary services; investment services; banking services; monetary affairs; financial investment; funds investment; venture capital financing; venture capital funding services to emerging and start-up companies; venture capital funding for non-profit entities; venture capital funding services; insurance services; insurance brokerage; insurance brokerage services; insurance services relating to travel; life insurance; life insurance brokerage; real estate affairs; real estate brokerage; issue of tokens, coupons and vouchers of value; providing information relating to the issue of tokens of value; financial services relating to the promotion of the goods or services of others by means of issuance of digital rewards, namely, loyalty and reward cards; fundraising; charitable fundraising; fundraising services; charitable fundraising services; fundraising and sponsorship; arranging charitable collections [for others]; organisation of collections; organisation of fundraising activities and events; financial grant services; distribution and allocation of charitable funds; charitable fundraising by means of entertainment events; financial sponsorship; providing information relating to charitable fundraising; managing and monitoring of charitable funds; philanthropic services concerning monetary donations; financing services for professional projects; financial sponsorship services; charitable services, namely financial services; financial services relating to charities and fundraising; investment of funds for charitable purposes; information services relating to fund raising for charitable purposes; information, advisory and consultancy services relating to all the aforesaid.

Class 38: Electronic transmission of data, messages, graphics, images and information; peer-to-peer photo sharing services, namely, electronic transmission of digital photo files among internet users; providing access to computer, electronic and online databases; email and instant messaging services in connection with personal and social networking, personal and social introduction, professional introductions, career development, recruitment, dating, relationships, beauty, fitness, health, mentoring, networking, business advice and advocacy; providing online chat room services in connection with personal and social networking, personal and social introduction, professional introductions, career development, recruitment, dating, relationships, beauty, fitness, health, mentoring, networking, business advice and advocacy; providing online chatroom services in connection with personal and social networking, personal and social introduction, professional introductions, career development, recruitment, dating, relationships, beauty, fitness, health, mentoring, networking, business advice and advocacy; provision of online chat rooms in connection with personal and social networking, personal and social introduction, professional introductions, career development, recruitment, dating, relationships, beauty, fitness, health, mentoring, networking, business advice and advocacy; providing access to online services relating to personal and social networking, personal and social introduction, professional introductions, career development, recruitment, dating, relationships, beauty, fitness, health, mentoring, networking, business advice and advocacy; providing access to computer databases in the fields of personal and social networking, personal and social introduction, professional introductions, career development, recruitment, dating, relationships, beauty, fitness, health, mentoring, networking, business advice and advocacy; location-based transmission of information; audio, text and video broadcasting services over computer or other communication networks, including uploading, posting, displaying and electronically transmitting data, information, audio and video images; providing access to an online network service; providing access to multimedia content online; provision of access to content, websites and portals; transmission of videos, films, pictures, images, text, photos, games, user-generated content, audio content and information via the internet; communication by online blogs; information, advisory and consultancy services relating to all the aforesaid.

Class 41: Education; providing of training; entertainment; sporting and cultural activities; entertainment and educational services, namely organising and providing training, events, seminars, webinars, presentations and discussion groups in the fields of personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, volunteering opportunities, social and charitable services, charitable activities and charitable fundraising programs; information services relating to education, culture, entertainment and leisure; organising and providing seminars, presentations and discussion groups and providing training in the fields of personal development, career development, relationship building, training, recruiting, business consulting, business development, and networking and providing information thereof; hosting of exhibitions, conferences and seminars and networking events for educational, entertainment and cultural purposes; organising and conducting online educational and training events including virtual meetings and seminars; charitable services, namely education and training; charitable services, namely academic mentoring; writing of texts, other than publicity texts; social club services for entertainment purposes; electronic games services, including provision of computer games on line or by means of a global computer network; publishing services; electronic publishing services for others; electronic and online publishing services; providing electronic publications (not downloadable); providing online games; information services relating to entertainment, provided on-line from a computer database or the internet; publication of editorial content of sites accessible via a global computer network; publication of documents in the field of social affairs; providing online non-downloadable audio content; providing online non-downloadable video content; providing non-downloadable electronic publications; organising and conducting entertainment and cultural events; organising and conducting recreational events; organising and hosting entertainment or sports activities for charitable purposes; provision of gymnasium facilities; provision of sports amenities; provision of recreational facilities; provision of instruction in sport; provision of facilities for group exercise; health club services; training services relating to health and fitness; personal coaching; personal fitness training services; personal trainer services; instruction in group exercise; dance instruction; rental of sports equipment; sport club facilities; provision of swimming bath facilities; gymnasium instruction; provision of aerobics and other exercise training in classes; provision of yoga instruction and classes; educational services in the field of healthcare and beauty; instruction in pilates and gyrotonics; organising of meetings and conferences; organising competitions; arranging, organising and conducting award ceremonies; organising competitions; organising and conducting competitions; entertainment services relating to the music industry, the presentation of live performances and to television programmes; entertainment services relating to live and recorded performances, events, award shows, film showings and television programmes; hosting awards relating to music, films, television and cinematography; organisation, production and provision of events for entertainment and cultural purposes; music recording studio services; music production; music production services; music competition services; music festival services; music performance, presentations and exhibitions; arranging and conducting award ceremonies; arranging award ceremonies and gala evenings for entertainment purposes; organising awards relating to music; organising and conducting recreational events; organising meetings and conferences; hosting seminars, presentations and discussion groups and providing training in the fields of personal development, career development, relationship building, training, recruiting, business consulting, business development, and networking and providing information thereof; arranging and conducting of workshops in the fields of personal development, career development, relationship building, training, recruiting, business consulting, business development, and networking and providing information thereof; hosting of exhibitions, conferences and seminars and networking events for cultural purposes; organising and conducting online training events including virtual meetings and seminars; mentoring (education and training); organising and staging of sporting and e-sporting events, competitions and tournaments; entertainment services in the nature of e-sports and video game contests, games, tournaments, exhibitions, competitions and events; provision and organisation of on-line gaming, operation and coordination of game tournaments, leagues and tours for computer game playing purposes via a web-based system and on-line portal for gamers; providing online news, information and commentary in the fields of sports, esports and video gaming; entertainment services; charitable services, namely mentoring and the provision of education and training; information, advisory and consultancy services relating to all the aforesaid.

Class 42: Computer services, namely, creating virtual communities for registered users to organize groups and events, participate in discussions, and engage in social, business and community networking; computer services, namely, hosting online web facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring digital mapping software for use in the fields of geographic information systems and location-based services, namely computer graphics software and computer software for providing information concerning location of persons and assets; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of data, text, information, messages, images, graphics, photographic images, video, audio and audiovisual content; computer services in the nature of designing and implementing customized web pages featuring user-defined or specified information, personal profiles, audio, video, photographic images, text, graphics and data; hosting a web site featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple websites; hosting an online website community for registered users to share information, photos, audio and video content for the purposes of personal and social networking, personal and social introduction, professional introductions, career development, recruitment, networking, business advice, advocacy, dating, relationships, beauty, fitness, health, mentoring, culture, education, arts, activism, self-improvement, the humanities, personal empowerment, empowerment of individuals, gender issues, environmental studies, global issues, connecting volunteers to volunteering opportunities, accessing information regarding providers of social and charitable services, charitable activities and charitable fundraising programs, enabling users to make charitable gifts or donations; design services; custom design services; clothing design services; textile design services; jewellery design services; house design services; architectural design services; building design services; interior design services; design services for furniture; clothing design services; cake design services; providing online non-downloadable software that allows users to create, modify, upload, download, share, preview, and publish user created interactive video game content, music, and other media files via a global computer network; information, advisory and consultancy services relating to all the aforesaid.

Class 43: Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; booking and reservation services for restaurants and accommodation; creche services; information, advisory and consultancy services relating to all the aforesaid.

Class 44: Medical services; hygienic and beauty care for human beings; agriculture, horticulture and forestry services; medical testing services, namely, fitness evaluation; hairdressing salons; hairdressing services; hairdressing salon services; hair care services; beauty salon services; beautician services; beauty advisory services; beauty consultancy services; beauty treatment services especially for eyelashes and eyebrows; providing beauty care and information; manicure and pedicure services; body waxing services for the human body; beauty treatment services; consultation services relating to skin care; permanent makeup services; tattooing; body piercing; provision of spa facilities; spa services; tanning salon and solarium services; spray tanning services; airbrush tanning services; dietician services; flower arranging; wreath making; aromatherapy services; charitable services, namely, providing beauty and hair care services to persons seeking employment; information, advisory and consultancy services relating to all the aforesaid.

Class 45: Personal and social introduction, personal and social networking, dating, relationships and advocacy services; concierge services; match making services; online personal and social introduction, personal and social networking, dating, relationships and advocacy services; internet based dating services; location-based personal and social introduction, personal and social networking, dating, relationships and advocacy services; personal and social introduction, personal and social networking, dating, relationships and advocacy services provided via a software application for portable electronic devices; providing social services and information in the field of personal development, namely self-improvement, self-fulfilment, charitable, philanthropic, volunteer, public and community services, and humanitarian activities; personal wardrobe styling consultancy; licensing of computer software and other technology; security services for the protection of property and individuals; rental of clothing and costumes; personal wardrobe styling services; lost property services [lost and found services]; nanny services; babysitting services; lobbying services other than for commercial purposes; house sitting; wedding officiant services; private investigation; genealogy research; legal services; consulting in the field of personal relationships; information, advisory and consultancy services relating to all the aforesaid.

2169420

(IR number 1585107)

HIVE

Class 41: Entertainment and education services in the fields of personal development, career development, relationship building, business consulting, business development, and networking; hosting seminars, exhibitions, conferences; interviews, presentations, classes and discussion groups and providing training in the fields of personal development, career development, relationship building, training, business consulting, business development, and networking; organising and conducting online educational, networking and training events including virtual meetings and seminars; social club services for entertainment purposes; providing information in the field of personal development, namely self-improvement, self-fulfillment, charitable, philanthropic, volunteer, public and community services, and humanitarian activities.

Class 42: Creating an online community for registered users to organize groups and events, participate in discussions, form virtual communities, and engage in social and community networking; hosting online web facilities for others for organizing and conducting meetings, events and interactive discussions relating to social introductions and dating via communication networks.

Class 45: Online dating, friendship, introduction and social networking services; internet based dating services; online social networking and dating services accessible by means of downloadable mobile applications; social introduction agencies; personal introduction services by computer; internet based personal introduction services; internet based dating, matchmaking and personal introduction services; online and internet based social introduction, friendship, social networking and dating services; match making services; social introduction, social networking and dating services and information, advisory and consultancy services relating to all the aforesaid.


Areas of Law

  • Intellectual Property

  • Commercial Law

Legal Concepts

  • Intention

  • Costs

  • Appeal

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