Charlotte Tilbury TM Limited v Charlotte Tilbury TM Limited
[2025] ATMO 89
•21 May 2025
TRADE MARKS ACT 1995
DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Application by Charlotte Tilbury TM Limited for an extension of time to extend the due date for acceptance of trade mark application number 2248768 (class 3, 5, 9, 21, 28, 35, 36, 41, 42 and 44) – CT (figurative) - in the name of Charlotte Tilbury TM Limited.
Delegate: | Timothy Brown |
Representation: | Applicant: Albion Australasia Ltd |
Decision: | 2025 ATMO 89 Trade Marks Act 1995 (Cth) – request for an extension of time under s 224 – special circumstances considered – extension of time refused. |
Background
The decision concerns a request for an extension of time (‘EOT’) made by Charlotte Tilbury TM Limited (‘Applicant’) under section 224 of the Trade Marks Act 1995 (Cth)[1] to extend the due date for the acceptance of an application to register the following trade mark:
Trade Mark Number: 2248768
Trade Mark: (‘Trade Mark’)
Filing Date: 11 February 2022
Convention Priority Dates: 24 January 2022[2] and 3 February 2022[3]
Goods and Services: Classes 3, 5, 9, 21, 28, 35, 36, 41, 42 and 44[4]
[1] Each reference to a section in these reasons is a reference to a section of the Trade Marks Act 1995 (Cth) (‘Act’). Each reference to a regulation in these reasons is a reference to a section of the Trade Marks Regulations 1995 (Cth) (‘Regulations’).
[2] For classes 3, 9, 21, 28, 35, 36, 41, 42 and 44 (EUIPO; Convention Number: 018644207).
[3] For class 5 (EUIPO; Convention Number: 018647767).
[4] See Schedule 1 for full specification.
The Trade Mark was examined under s 31, and a delegate of the Registrar of Trade Marks (‘Registrar’) raised a ground for rejection under s 44. The examination report dated 2 May 2022 (‘Examination Report’) indicated that the due date for acceptance of the Trade Mark was 10 June 2023.
On 3 May 2023, the Applicant filed a request for deferment pursuant to s 36. On 4 May 2023, the Applicant was notified that acceptance of the Trade Mark had been deferred pending the finalisation of a similar trade mark, which served as a basis for the ground of rejection under s 44.
On 15 August 2023, the Applicant was notified that the deferral of acceptance of the Trade Mark had ended, and the acceptance due date was 22 September 2023. Subsequently, on 20 September 2023, the Applicant requested an EOT for the due date for acceptance. On 20 September 2023, a delegate of the Registrar confirmed that the EOT request had been granted. The new acceptance due date was then 22 December 2023.
On 15 December 2023, the Applicant made a request for an extension of time under s 224 to extend the due date for acceptance of the Trade Mark for a period of 3 months. In support of the request, the Applicant filed the declaration of Steven Lane, representative of the Applicant, dated 15 December 2023 (‘Lane’). The basis of the EOT request was that special circumstances exist that justify the extension of time. Lane explained that ‘the Applicant is in the process of gathering evidence of use and reviewing gaining consent from the cited marks’ owners, which is taking longer than expected’. On 18 December 2023, a delegate of the Registrar confirmed that the request for an EOT had been granted. The new acceptance due date was 22 March 2024.
On 15 March 2024, the Applicant filed another request for an EOT to extend the due date for acceptance by 3 months. In support, the Applicant provided the declaration of Steven Lane dated 15 March 2024 (‘Lane 2’). Lane 2 explained that ‘[g]iven there are multiple cited marks involved, the process of gathering evidence and seeking consent is ongoing and will take longer than anticipated’. On 26 March 2024, a delegate of the Registrar confirmed that the request for an EOT had been granted. The acceptance due then became 22 June 2024.
On 21 June 2024, the Applicant made another EOT request to extend the due date for acceptance for a further 3 months. The Applicant provided another declaration of Steven Lane, dated 21 June 2024 (‘Lane 3’). Lane 3 explained that ‘the process of gathering evidence and seeking consent is ongoing and due to the number of cited marks, is taking longer than anticipated’. On 27 June 2024, a delegate of the Registrar confirmed that the EOT request had been granted. The new acceptance date was 22 September 2024.
On 19 September 2024, the Applicant made another EOT request to extend the due date for acceptance for 3 months. The Applicant provided another declaration of Steven Lane, dated 19 September 2024 (‘Lane 4’). This declaration was identical in substance to Lane 3. On 25 September 2024, a delegate of the Registrar confirmed that the EOT request had been granted. However, at this point, the delegate informed the Applicant that an excessive amount of EOTs had been granted, and ‘any further extensions are unlikely to be approved without evidence of further progress being made during the extended period’. The due date for acceptance of the Trade Mark was extended to 22 December 2024.
On 20 December 2024, the Applicant made another EOT request to extend the due date for acceptance for a further 3 months (‘EOT Request’). The Applicant provided another declaration of Steven Lane, dated 20 December 2024 (‘Lane 5’), which stated:
The process of gathering evidence and seeking consent has been ongoing and has been taking a lot longer than anticipated due to the number of cited marks involved.
This has been further exacerbated by the fact that the Applicant (and many of the cited mark Owners) are in the retail industry and of course this time of year is extremely busy.
On 23 December 2024, a delegate of the Registrar wrote to the Applicant, indicating an intention to refuse the EOT and allowed the Applicant until 6 January 2025 to provide sufficient evidence to support the EOT request or request to be heard regarding the intention to refuse the EOT request.
On 6 January 2025, the Applicant requested to be heard on the EOT Request by way of written submissions. The Applicant was afforded the opportunity to file written submissions, and subsequently filed written submissions prepared by Albion Australasia Ltd on 14 February 2025. The matter was allocated to me, a delegate of the Registrar, to be decided.
Relevant Provisions
Section 224 provides:
(1) The Registrar must extend the time for doing a relevant act that is required by this Act to be done within a certain time if the act is not, or cannot be, done within that time because of an error or omission by:
(a) the Registrar or a Deputy Registrar; or
(b) an employee; or
(c) a person providing, or proposing to provide, services for the benefit of the Trade Marks Office.
(2) If, because of:
(a) an error or omission by the person concerned or by his or her agent; or
(b) circumstances beyond the control of the person concerned;
a relevant act that is required by this Act to be done within a certain time is not, or cannot be, done within that time, the Registrar may, on application made by the person concerned in accordance with the regulations, extend the time for doing the act.
(3) If:
(a) a relevant act that a person is required by this Act to do within a certain time is not, or cannot be, done within that time; and
(b) on application made by that person in accordance with the regulations, the Registrar is of the opinion that special circumstances exist that justify an extension of that time;
the Registrar may extend the time for doing the act.
(3A) If the Registrar has revoked the registration of a trade mark, he or she may extend the time for doing a relevant act that is required by this Act to be done within a certain time in connection with the application for registration of the trade mark.
(4) The time allowed for doing a relevant act may be extended, whether before or after that time has expired.
(5) If an application is made under subsection (2) or (3) for an extension of time for more than 3 months, the Registrar must publish the application in accordance with the regulations.
Note: For month see section 6.
(6) A person may, as prescribed, oppose the granting of the application.
(7) An application may be made to the Administrative Review Tribunal for the review of a decision of the Registrar not to extend the time for the doing of a relevant act.
(8) In this section:
relevant act means:
(a) any act (other than a prescribed act) done in relation to a trade mark; or
(b) the filing of any document (other than a prescribed document); or
(c) any proceedings (other than court proceedings).
The Applicant has sought an extension of time under s 224(3). Section 224(3) is a discretionary provision that allows the Registrar to extend the prescribed period to do a relevant act if satisfied that ‘special circumstances’ exist that justify the extension of time. The ‘relevant act’ in this case being acceptance of the Trade Mark for possible registration. I also note that there is no indication of any error or omission by the Registrar, the Applicant or its Agent, nor any circumstances beyond the control of the Applicant.
Discussion
Th expression ‘special circumstances’ has received limited consideration in decisions before this office. In Wrangler Apparel Corp v Australia Professional Rodeo Association Inc[5] a delegate of the Registrar considered the meaning of ‘special circumstances’ in the context of a request for an extension of time to file evidence in support of an opposition to the registration of a trade mark under the Trade Marks Act 1955 (Cth).[6] The delegate, referring to the findings made in Genentech v Wellcome Foundation Ltd,[7] noted that the expression should be interpreted liberally.[8]
[5] [1996] ATMO 55 (Hearing Officer Forno).
[6] See: Trade Marks Act 1955 (Cth) s 130;
[7] [1988] APO 15 (Supervising Examiner Roveta).
[8] See also: Harvey Comics, Inc [2001] ATMO 77 (Hearing Officer Forno).
The IP Australia Trade Marks Manual of Practice and Procedure provides a non-exhaustive list of special circumstances that could justify an extension of time on the basis of special circumstances, such as:
Pending non-use actions;
Pending hearings;
Sickness;
Death;
Bankruptcy;
Difficulty finalising the collection of evidence;
Difficulty in finalising negotiations.[9]
[9] IP Australia Trade Marks Manual of Practice and Procedure Part 15.4.3 Special circumstances exist to justify the extension.
I note that the EOT Request was made 18 months after the original acceptance due date, and 31 months after the Examination Report. The time that has elapsed is beyond what I consider reasonable, in all circumstances. The Applicant submits that given the application to register the Trade Mark covers 10 different classes and has received multiple citations as the basis for the s 44 ground for rejection, it has taken longer to consider its approach to responding to the examination report. In its written submissions, the Applicant provided a summary of the actions taken leading to the EOT Request:
The Applicant invested resources into investigating its position and the owners of the trade marks cited against the Trade Mark under s 44;
The Applicant coexists with several of the owners of the cited trade marks and has undertaken detailed analysis so as not to jeopardise its global position.
Regarding its actions moving forward, the Applicant submits that it intends to seek instruction and awaits confirmation before ‘taking action against the citations where necessary’. What this action may be is not expanded upon by the Applicant in its written submissions.
The explanations provided by the Applicant for the delays are vague, and the Applicant’s claims as to the complexity of circumstances are not substantiated. There is no evidence of the detailed analysis referred to in the Applicant’s written submissions, nor has the Applicant provided an explanation of the actions it intends to take to address the Examination Report or how long these actions may take. A number of citations were raised in the Examination Report under s 44, and it is not clear what actions the Applicant has taken, or plans to take, in respect of overcoming all of the earlier trade marks forming the basis of the s 44 ground for rejection. Furthermore, the Applicant has relied on the same circumstances in each of its EOT requests without demonstrating progress in advancing the acceptance of the Trade Mark. Lane 5, which was filed after the warning issued by the delegate on 25 September 2024, did not address the delegate’s concerns regarding the lack of progress, and largely repeats the information contained in the previous declarations. The exception is the circumstances described in Lane 5 surrounding the busy retail industry. However, the Applicant has not corroborated any of its claims regarding the specific impact trade cycles in the retail industry have had on its capacity to progress the acceptance of the Trade Mark. Without further, and more specific details as to this impact, I do not consider the busy retail industry during the Christmas and New Year holidays to be a special circumstance that justifies an extension of time.
For these reasons, I am not satisfied that the circumstances outlined in the Applicant’s declarations and expanded upon in the Applicant’s written submissions are ‘special circumstances’ as contemplated by s 224(3).
Discretion
Regarding the exercise of discretion, I note that generally, discretions to grant extensions of time should be applied beneficially.[10] Other relevant factors, include the relative inconvenience to the Applicant and the public interest.[11]
[10] Chalk v Commissioner for Superannuation (1994) 50 FCR 150, 155 (Davies J).
[11] See: Richard Hall [1997] ATMO 69 (Hearing Officer Murray).
The Applicant submits that denying the EOT Request would negatively impact them by causing the loss of the priority date of the Trade Mark and resulting in financial harm. Consequently, the Applicant would need to refile the Trade Mark and explore alternative strategies to address the cited trade marks. I acknowledge that should the EOT be refused the Applicant will lose the priority date for the Trade Mark. Whilst this is to the detriment of the Applicant, it is balanced against the public interest that matters, including applications for the registration of a trade mark, be decided without unnecessary delays. In this instance, the application has been subject to lengthy and continual delays. In my view, the Applicant has had a considerable amount of time to address the Examination Report. Further, despite being put on notice about the need for additional details for any further EOT requests, Lane 5, and the material submitted in respect to the hearing, included limited additional information.
Finally, I note that the Applicant filed correspondence on 20 May 2025, which includes a letter, dated 27 April 2025, consenting to the registration of the Trade Mark from the owner of one of the trade marks raised as the basis of the s 44 ground for rejection. This has not changed my views on the EOT Request. In the context of the repeated requests for extensions of time, and the lack of information provided in the Applicant’s declarations and written submissions, there is no indication that the Applicant will be in a position to place the application to register the Trade Mark for acceptance anytime in the near future.
For these reasons, I am not satisfied that there are special circumstances that would justify the extension of time request, nor am I satisfied that the discretion should be exercised to grant the EOT Request.
Decision
Accordingly, I refuse to grant the EOT Request in respect of trade mark application number 2248768.
Timothy Brown
Hearing Officer
Delegate of the Registrar of Trade Marks
21 May 2025
Schedule 1
Specification for trade mark number 2248768
Class 3: Cosmetics, make up; non-medicated skin care preparations; lipsticks; lip gloss; make-up powder and foundation; skin moisturisers; beauty care cosmetics, body care preparations, namely, skin lotions; essential oils for personal use; preparations for removing make-up; lotions, creams and conditioners for the face, hands and body; beauty masks; abrasive cloth; abrasive paper; abrasives preparations for the skin; adhesives for affixing false hair; adhesives for cosmetic purposes; after-shave lotions; almond milk for cosmetic purposes; almond oil for cosmetic purposes; almond soap for the skin; aloe vera preparations for cosmetic purposes; alum stones being astringents for cosmetic purposes; amber being perfume; antiperspirant soap; antiperspirants; aromatics being essential oils; astringents for cosmetic purposes; lip and body balms other than for medical purposes; bath salts, not for medical purposes; cosmetic preparations for baths; beard dyes; bergamot oil; bleaching preparations for cosmetic purposes; breath freshening sprays; breath freshening strips; cakes of toilet soap; essential oils of cedarwood; essential oils of citron; cleansing milk for toilet purposes; hair colorants for toilet purposes; color-removing preparations being nail polish removers; colour-brightening chemicals for household purposes; cosmetic kits comprising of makeup; cosmetic kits comprising of skincare; cosmetic preparations for slimming purposes; cosmetics for animals; cotton sticks for cosmetic purposes; cotton wool for cosmetic purposes; cosmetic creams; skin whitening creams ; dental bleaching gels; deodorant soap; deodorants for human beings or for animals; depilatories; depilatory preparations; douching preparations for personal sanitary or deodorant purposes; dry shampoos; cosmetic dyes; eau de cologne; emery paper and cloth; ethereal essences; essential oils; ethereal oils; extracts of flowers being perfumes; eyebrow cosmetics; eyebrow pencils; adhesives for affixing false eyelashes; cosmetic preparations for eyelashes; false eyelashes; adhesives for affixing false hair; false nails; essential oils being bases for flower perfumes; extracts of flowers being perfumes; soap for foot perspiration; dental bleaching gels; greases for cosmetic purposes; hair colorants; hair dyes; hair lotions; hair spray; hair waving preparations; hydrogen peroxide for cosmetic purposes; incense; ionone being perfume; jasmine oil being an essential oil; javelle water being toilet water; petroleum jelly for cosmetic purposes; joss sticks; cosmetic kits featuring cosmetics; lavender oil being an essential oil; lavender water; essential oils of lemon; lotions for cosmetic purposes; tissues impregnated with cosmetic lotions; make-up preparations; make-up removing preparations; mascara; massage gels other than for medical purposes; cleansing milk for toilet purposes; mint essence being essential oils; mint for perfumery; musk being perfume; moustache wax; nail art stickers; nail care preparations; nail polish; nail varnish; hair neutralizers for permanent waving; oils for cosmetic purposes; oils for perfumes and scents; oils for toilet purposes; cosmetic pencils; eyebrow pencils; perfumery; perfumes; denture polishes; pomades for cosmetic purposes; make-up powder; pumice stone for personal use; rose oil being an essential oil; shampoos; shaving preparations; shaving soap; cosmetic preparations for skin care; skin soap; antiperspirant soap; cakes of skin soap; deodorant soap; sunscreen preparations; sun-tanning preparations; talcum powder, for toilet use; terpenes being essential oils; toilet water; toiletries, namely, face wash and body wash solutions; decorative transfers for cosmetic purposes; varnish-removing preparations; depilatory wax; haircare preparations.
Class 5: Dietetic food and substances adapted for medical or veterinary use; dietary supplements for humans and animals; vitamin supplements; vitamin drops; vitamin drinks; mineral supplements; mineral drops; mineral drinks; medicated skin creams; medicated skin tonics; Pharmaceutical preparations; herbal preparations for medical purposes; herbal supplements and herbal extracts; herbal beverages; vitamins, vitamin preparations; minerals, mineral preparations; food supplements; anti-allergy preparations and substances; anti-oxidant preparations and supplements; herbal medicinal preparations and substances in the form of essential oils; herbal medicinal products in the form of capsules, tablets, powders, gels, herbal extracts, liquid extracts, gels and tinctures; herbal medicinal products, preparations and substances; homeopathic preparations and substances; dietetic substances and foods; vitamin drinks and beverages, compositions for the preparation thereof; traditional herbal medicinal products in the form of capsules, tablets, powders, gels, herbal extracts, liquid extracts, gels and tinctures; nutritional additives.
Class 9: Recorded and downloadable media, computer software, blank digital or analogue recording and storage media; Downloadable virtual goods for use online and in online virtual worlds; Downloadable software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, interacting with, embedding, and sharing or otherwise providing electronic media, images, video, audio, audio-visual content, data, and information via the internet and communication networks; Downloadable software for engaging in social networking and interacting with online communities; Downloadable software for enabling transmission of images, audio, audio visual and video content and data; Downloadable software for modifying photographs, images and audio, video, and audio-visual content; Downloadable software for use in taking and editing photographs and recording and editing videos; Downloadable software for processing images, graphics, audio, video, and text; Downloadable software for gesture recognition, object tracking, motion control, and content visualization; Downloadable software for providing access to an online virtual environment; Downloadable software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments, and extended reality virtual environments; Downloadable augmented reality software; Downloadable mixed reality software; Virtual reality software for interactive entertainment and virtual reality gaming; Augmented reality software for interactive entertainment and augmented reality gaming; Downloadable software and mobile application software providing a virtual marketplace; Downloadable software for navigating a virtual reality and augmented reality environments; Downloadable software for enabling users to experience virtual reality and augmented reality visualization, manipulation, and immersion; Downloadable virtual goods, namely, computer programs in relation to perfumery, toiletries, cosmetics, make-up, skincare preparations, hair care preparations and hair color preparations for use online and in online virtual worlds; Downloadable virtual goods, namely, computer programs featuring footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys, and accessories for use online and in online virtual worlds; Downloadable software for ordering perfumery, toiletries, cosmetics, make-up, skincare preparations, hair care preparations and hair color preparations; Downloadable software for ordering footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys, and accessories; Downloadable software for accessing and streaming multimedia entertainment content; Downloadable digital media, namely, digital tokens and non-fungible tokens (nfts); Downloadable software for enabling users to view, market, purchase, sell, or exchange non-fungible tokens (nfts) or digital goods; Downloadable software for electronically trading, storing, sending, receiving, accepting, and transmitting digital and virtual currency; Downloadable software for providing electronic cryptocurrency exchange services; Downloadable software for use as a cryptocurrency and virtual currency wallet; Downloadable software for use as a mobile and electronic wallet; Downloadable software for payment processing; Downloadable software for non-fungible token (NFT) ticketing; Downloadable software for creating non-fungible tokens (NFTs); Downloadable software for interactive games for use via a global computer network and through various wireless networks and electronic devices; Entertainment software, namely, software that is used for providing multi-player access to an on-line game environment; Downloadable game software; Video game software; Virtual reality game software; Interactive video games comprised of computer hardware and software; Downloadable software for browsing and accessing digital content, computer software, and computer games; Downloadable graphics software; Downloadable computer software for interactive games for use via a global computer network and through various wireless networks and electronic devices; Downloadable computer software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments, and extended reality virtual environments; downloadable mobile application software for ordering perfumery, toiletries, cosmetics, make-up, skincare preparations, body care preparations and face care preparations, hair care preparations and hair color preparations; near field communication tags for interacting with mobile applications to obtain information concerning perfumery, toiletries, cosmetics, make-up, skincare preparations, body care preparations and face care preparations, hair care preparations and hair color preparations; near field communication tags for marketing and authentication of perfumery, toiletries, cosmetics, make-up, skincare preparations, body care preparations and face care preparations, hair care preparations and hair color preparations; Sunglasses; cases for sunglasses and spectacles; spectacles; eyeglasses; sunglass chains and cords.
Class 21: Make up brushes; cosmetic brushes; brushware made of animal bristles; electric brushes, except parts of machines; shaving brush stands; shaving brushes; abrasive sponges for scrubbing the skin; soap boxes; soap dispensers; soap holders; cosmetic utensils; cosmetic spatulas; cosmetics applicators; cosmetic bags; cosmetic powder compacts; containers for cosmetics; racks for cosmetics; holders for cosmetics; dispensers for cosmetics; utensils for cosmetic purposes; cases adapted for cosmetic utensils; microdermabrasion sponges for cosmetic use; cosmetic and toilet utensils and bathroom articles; make-up removing appliances; make-up sponges; stencils for use when applying make-up; applicators for applying eye make-up; make-up artist belts.
Class 28: Games, toys and playthings; Video game apparatus; Video game consoles; Handheld units for playing video games.
Class 35: Advertising; Business management, organization and administration; Advertising and promotion of cosmetics; Mail order retail services related to cosmetics; Retail services connected with the sale of cosmetics; On-line retail store services relating to cosmetics; Online retail store services; mail order catalogue services in relation to cosmetics; Providing an interactive website and computer application software for virtual reality game services; Retail store services in relation to virtual goods, namely, perfumery, toiletries, cosmetics, make-up, skincare preparations, hair care preparations, hair color preparations, footwear, clothing, headwear, eyewear, and bags; On-line retail store services in relation to virtual merchandise, namely, perfumery, toiletries, cosmetics, make-up, skincare preparations, hair care preparations, hair color preparations, footwear, clothing, headwear, eyewear, and bags; Providing an online marketplace for non-fungible tokens (NFTs); Providing an online marketplace for buyers and sellers of digital goods authenticated by non-fungible tokens (NFTs); Online retail store services featuring virtual reality and augmented reality hardware and software; Online retail store services featuring virtual reality content and digital media namely, pre-recorded music, video, images, text, audiovisual works and virtual and augmented reality game software.
Class 41: Education; Providing of training; Entertainment; Educational services, namely, providing information and forums in the field of non-fungible tokens (nfts), nft experiences, digital collectibles, digitized assets, and tangible assets; Entertainment services, namely, providing on-line, non-downloadable virtual game currency for use in virtual environments; Providing an interactive website for virtual reality game services; entertainment services, namely, providing on-line, non-downloadable virtual perfumery, toiletries, cosmetics, make-up, skincare preparations, hair care preparations hair color preparations, footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys, and accessories, digital animated and non-animated designs and characters, avatars, digital overlays, and skins for use in virtual environments; Virtual reality and interactive game services provided online from a global computer network and through various wireless networks and electronic devices; Entertainment services, namely, online video games; Entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure, or entertainment purposes; Entertainment services, namely, providing an online environment featuring streaming of entertainment content and live streaming of entertainment events; Entertainment services in the nature of providing an on-line multi-player electronic computer game; Entertainment services in the nature of organizing, arranging, and hosting virtual performances and social entertainment events; Multimedia entertainment software production services.
Class 42: Design and development of computer hardware and software; Non-downloadable software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments, and extended reality virtual environments; Non-downloadable software for electronically trading, storing, sending, receiving, accepting, and transmitting digital and virtual currency; Non-downloadable software for managing digital and virtual currency payment transactions; Cloud-based software for providing electronic cryptocurrency exchange services; Cloud-based software for use as a cryptocurrency and virtual currency wallet; Cloud-based software for use as a mobile and electronic wallet; Non-downloadable software for payment processing; Non-downloadable software for non-fungible token (NFT) ticketing; Non-downloadable software for creating non-fungible tokens (NFTs); Computer services, namely, hosting an on-line 3d virtual environment featuring a wide variety of user-defined subject matter and hosting an on-line 3d virtual environment featuring a wide variety of user-defined subject matter that may be accessed by means of communications networks; design and development of multimedia and three dimensional virtual environment software; Providing temporary use of non-downloadable software for browsing and accessing digital content, computer software, and computer games; Providing temporary use of non-downloadable software for transmission and display of digital content, computer software, and computer games; Computer programming services; Software design and development services; Non-downloadable software for the creation, production and modification of digital animated and non-animated products for access and use in online environments, virtual online environments, and extended reality virtual environments; Development of on-line gaming software.
Class 44: Make up artist services; make-up services; cosmetic make-up services; beauty care services; beauty salon and beauty treatment services; beauty therapy services and treatments; healthcare, diet, exercise and lifestyle wellness advisory services; cosmetic treatment services for the hair; hair care, hair colouring, hair styling and hair cutting services; hairdressing salon services; advice and consultancy services relating to the above services.
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