TRADE MARKS ACT 1995
DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Trade mark application 2290393 (classes 9, 16, 18, 25, 28, 35, 36, 41, 43) – Timbertot – in the name of Geelong Grammar School Limited
Delegate: Nicholas Barbey Representation: Applicant: Andrew Sykes of counsel instructed by The Lantern Legal Group Pty Ltd trading as Harwood Andrews Decision: 2024 ATMO 108
Trade Marks Act 1995 (Cth) – s 33 proceeding – s 44 and reg 4.15A of the Trade Marks Regulations 1995 (Cth) considered – grounds for rejection established in relation to a subset of goods and services – evidence considered but not sufficient – opportunity to amend – goods and services amended – trade mark application acceptedBackground
This matter concerns an application filed by Geelong Grammar School Limited (‘Applicant’) to register the following trade mark:
Trade mark: Timbertot (‘Trade Mark’)
Number: 2290393 (‘Application’)
Priority date: 1 August 2022
Specification:[1] Class 9: (including) audio visual multimedia and teaching apparatus and instruments in this class; downloadable educational material including webcasts, podcasts, audio visual files, music files, software programs and mobile or web-based software applications; software
[1] An indicative specification is provided. The complete specification is reproduced in Annexure A to this decision.
Class 16: (including) educational materials; printed matter and printed publications; articles of stationery
Class 18: (including) bags, including school bags, book bags and sports bags; luggage; umbrellas
Class 25: (including) apparel (clothing, footwear and head gear), including without limitation, school clothing, school footwear and school head gear for students, children and young people
Class 28: (including) educational toys, playthings and sporting goods in this class; sporting apparatus
Class 35: (including) wholesaling and retailing of goods (by any means); retail services; distribution of goods (not being transport services); career planning services
Class 36: (including) fundraising services; charitable services, namely financial services; leasing of accommodation; preparing reports and other business documents in relation to the above services
Class 41: (including) educational services including schooling; provision of library services; arranging, conducting and making available online training sessions, workshops, seminars, courses, lectures, exhibits and conferences; publication of printed educational materials, statistics, research and information; training in the care of children; online publications (non-downloadable)
Class 43: (including) boarding house accommodation and hospitality services; arranging of accommodation for students; hospitality services (food and drink)
(‘Claimed GS’)
The Application was examined as required by s 31 of the Trade Marks Act 1995 (Cth) (‘Act’) and an examination report issued to the Applicant raising, inter alia, grounds for rejection under s 44 of the Act in respect of the following trade marks (collectively ‘Citations’):
Trade mark: TIMBER TOTS (‘59 Mark’)
Number: 1813159
Priority date: 1 December 2016
Specification:[2] Class 35: charitable services, namely organising and conducting volunteer programmes and community service projects
[2] An indicative specification is provided. The complete specification is reproduced in Annexure B to this decision.
Class 39: (including) arranging of excursions; organisation of…
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Details
- Case
- [2024] ATMO 108
- Decision Date
CaseChat Overview and Summary
This matter concerned a trade mark application by Geelong Grammar School Limited. The dispute arose from the Registrar of Trade Marks' intention to reject the application based on grounds under section 44 of the *Trade Marks Act 1995* (Cth) and regulation 4.15A of the *Trade Marks Regulations 1995* (Cth). The applicant sought to register a trade mark for a range of goods and services, including those related to education and accommodation.
The primary legal issues before the Hearing Officer were whether the grounds for rejection established under section 44 and regulation 4.15A were proven in relation to a subset of the goods and services for which the trade mark was sought, and whether the applicant had provided sufficient evidence to overcome these grounds. The Hearing Officer was required to consider the presumption of registrability under section 33 of the Act, which mandates acceptance unless grounds for rejection are established.
The Hearing Officer found that the grounds for rejection under section 44 and regulation 4.15A were established in respect of certain goods and services. While acknowledging the applicant's evidence regarding the long-standing reputation of its "Timbertop" program and its intention to use the proposed mark as part of a family of trade marks, the Hearing Officer was not satisfied that this evidence was sufficient to overcome the identified grounds for rejection. The Hearing Officer noted that the Registrar must reject an application if satisfied that grounds for rejection exist, but also has the discretion to accept an application subject to conditions or limitations, and must provide the applicant an opportunity to be heard.
Following notification of the intention to reject the application, the applicant consented to amending the specification of goods and services. The Hearing Officer accepted the trade mark application for registration based on the amended specification, which addressed the grounds for rejection and other classification issues that had been raised during the examination process.
The primary legal issues before the Hearing Officer were whether the grounds for rejection established under section 44 and regulation 4.15A were proven in relation to a subset of the goods and services for which the trade mark was sought, and whether the applicant had provided sufficient evidence to overcome these grounds. The Hearing Officer was required to consider the presumption of registrability under section 33 of the Act, which mandates acceptance unless grounds for rejection are established.
The Hearing Officer found that the grounds for rejection under section 44 and regulation 4.15A were established in respect of certain goods and services. While acknowledging the applicant's evidence regarding the long-standing reputation of its "Timbertop" program and its intention to use the proposed mark as part of a family of trade marks, the Hearing Officer was not satisfied that this evidence was sufficient to overcome the identified grounds for rejection. The Hearing Officer noted that the Registrar must reject an application if satisfied that grounds for rejection exist, but also has the discretion to accept an application subject to conditions or limitations, and must provide the applicant an opportunity to be heard.
Following notification of the intention to reject the application, the applicant consented to amending the specification of goods and services. The Hearing Officer accepted the trade mark application for registration based on the amended specification, which addressed the grounds for rejection and other classification issues that had been raised during the examination process.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
From the outset, I note that the grounds for rejection must be considered afresh and s 33 of the Act embodies a presumption of registrability which provides that the Registrar must accept an application for registration, unless satisfied that there are grounds under the Act for rejecting it or the application has not been made in accordance with the Act.Evidence The Applicant relied on the following evidence:·Declaration made on 12 February 2024 by Bronwen Mary Charleson (Executive Director [Safeguarding and Legal Services] and Company Secretary of the Applicant) with Exhibits BC-01 to BC-12 (‘Charleson 1’).·Declaration made on 14 December 2022 by Bronwen Mary Charleson with Attachment C (‘Charleson 2’). According to Charleson 1, Geelong Grammar School ‘is one of Australia’s longest standing educational institutions’ that ‘educates over one thousand four hundred (1,400) students each year across four unique campuses’.[5] Its Timbertop campus was established in 1953 and is located near Mount Timbertop in Victoria. The Timbertop programme is described as ‘a unique educational experience of indoor and outdoor learning, presenting new challenges to young people and helping them discover their best within’.[6] Notable individuals who have attended the Timbertop campus include King Charles III, Missy Higgins and John Marsden.[5] Charleson 1, [8]–[9].[6] Ibid [36]. Ms Charleson claims that the ‘process for use of [the Trade Mark] as a brand commenced with work in 2021’ and ‘[i]t is intended that the Trade Mark will be used for the [early learning centre] programme at the School’s Corio and Toorak campuses’.[7] She explains that ‘[i]t is envisaged that students commence at the School as a “Timbertot”, and then continue their Geelong Grammar School education to become a Timbertop student’.[8] The Trade Mark ‘was chosen for brand development because it so closely resembles [Timbertop]’ and the Applicant’s intention is ‘to develop a family of trade marks so that the Trade Mark leans on the long history of use and reputation relating to [Timbertop] to launch the Trade Mark’.[9][7] Ibid [22], [26].[8] Ibid [30].[9] Ibid [49]. It is declared that Timbertop has ‘been consistently and continuously used by the School in relation to the goods and services set out in their registrations since as early as 1953’.[10] The Applicant believes that the ‘significant and notable reputation in “Timbertop” for over 70 years will extend to its use of “Timbertot” as a family of related trade marks’.[11] Ms Charleson submits that ‘the acceptance of the Trade Mark is unlikely to lead to any more confusion’ given the Earlier Marks were registered before the Citations.[12][10] Ibid [45].[11] Ibid [52].[12] Ibid [53]. Charleson 2 puts into evidence various publications outlining the history and curriculum of the Timbertop campus. It also provides a news article which mentions that King Charles III studied at the Timbertop campus in the 1960s.[13]Discussion[13] Charleson 2, Attachment C. Sophie Aubrey, ‘King Charles and the confiscated cigarettes: A Geelong Grammar tale’ (11 September 2022) The Age.Section 44 and regulation 4.15A
Decision
Reasons for decision
In light of the above, whether considered individually or collectively, I am not satisfied that the circumstances advanced make it proper to apply the provisions of s 44(3)(b) of the Act or reg 4.15A(3)(b) of the Regulations. Accordingly, the s 44 and reg 4.15A grounds for rejection have been established in respect of the Conflicting GS.Decision Section 33 of the Act provides:Application accepted or rejected (1) The Registrar must, after the examination, accept the application unless he or she is satisfied that:(a) the application has not been made in accordance with this Act; or(b) there are grounds under this Act for rejecting it.Note: For this Act see section 6. (2) The Registrar may accept the application subject to conditions or limitations.Note: For limitations see section 6.(3) If the Registrar is satisfied that:(a) the application has not been made in accordance with this Act; or(b) there are grounds under this Act for rejecting it;the Registrar must reject the application.(4) The Registrar may not reject an application without giving the applicant an opportunity of being heard.Note: For applicant see section 6. I am satisfied on the balance of probabilities that there are grounds for rejecting the Application under s 44 of the Act and reg 4.15A of the Regulations in relation to the Conflicting GS. On 17 May 2024, I notified the Applicant of my intention to reject the Application unless the Claimed GS were amended as shown in Annexure D to this decision.[47] On 13 June 2024, the Applicant consented to these amendments. The Claimed GS have since been amended.[47] Several classification issues were raised during the examination of the Application. The Applicant agreed to amend these items but they were not implemented during the examination. As such, the correspondence sent to the Applicant also addressed these remaining classification issues. Accordingly, I accept for possible registration trade mark application 2290393 for the amended specification set out in Annexure D to this decision.Nicholas BarbeyHearing OfficerDelegate of the Registrar of Trade Marks17 June 2024Annexure AClass 9: audio visual multimedia and teaching apparatus and instruments in this class; downloadable educational material including webcasts, podcasts, audio visual files, music files, software programs and mobile or web-based software applications; multimedia material including electronic and recorded publications; interactive education software including compact disks and tapes; training aids (apparatus for teaching people); training apparatus (teaching apparatus for teaching people); electronic publications (downloadable); electronic publications (non-downloadable); bags adapted for laptops, tablets and other mobile technologies; softwareClass 16: educational materials; educational publications; printed matter and printed publications; booklets; books; journals; periodicals; bulletins; articles of paper for stationary purposes; postcards; brochures; catalogues; adhesive stickers; name badges (office requisites); badges made of cardboard; badges made of paper; posters; newsletters; yearbooks; albums; binders, workbooks and work books; calendars and diaries; flags of paper; paper flags; charts; flashcards; handbooks; manuals; magazines; newsletters; written articles; instructional and teaching material; printed policies; printed submissions; printed research papers; printed study guides; printed worksheets; printed examinations and answer sheets; portfolio cases (covers); portfolio cases (folders); portfolios being stationery cases for holding documents; portfolios being stationery cases for holding plans; portfolios made from imitation leather adapted for carrying artwork; portfolios made from plastic adapted for carrying artwork; presentation portfolios (stationery cases); writing and drawing instruments and apparatus in this class including pens, pencils, highlighters, crayons, rulers, marketers, sharpeners, correcting fluids and erasers; articles of stationeryClass 18: bags, including school bags, book bags and sports bags; back packs; shoulder bags; gym bags; satchel bags; luggage; suitcases; conference folders; drawing instrument cases; art portfolios (cases); briefcase-type portfolios; conference portfolios; leather portfolios; portfolio cases (briefcases); portfolios (briefcases); portfolios (other than stationery); business card cases; card cases (notecases); card holders (wallets); luggage identity tags; luggage label holders; umbrellas; umbrella coversClass 25: apparel (clothing, footwear and head gear), including without limitation, school clothing, school footwear and school head gear for students, children and young people; clothing for sports; clothing adapted for athletic use and training in this class; headwear adapted for athletic use and training (other than helmets) in this class; sports headgear (other than helmets); ties (for wear); blazers; scarfs; gloves; jackets and outerwear in this class; shirts and blouses in this class; knitwear in this class; swimwear in this class; badges for wear in this class including those made of common metal or textile materialsClass 28: educational toys, playthings and sporting goods in this class; educational playthings for use in teaching; electronic games (other than software); electronic educational teaching games; electronic educational teaching games for children; tactile educational games (playthings); tactile educational toys (playthings); musical games; musical playthings; musical toys; computer games apparatus; board games in this class; cards and card games for use in teaching; sporting apparatus; sports balls in this class including footballs, rugby balls, soccer balls, basketballs, volleyballs and hand balls; sports training aids and devices; sporting bags (shaped to contain apparatus used in playing sports); sports games; toys for adventure, positive and creative playClass 35: promotion of education; business management, business administration and office functions; promotion of education, psychology, learning behaviours, behavioural science and factors contributing to social and emotional well being and mental health; promotion of emotional, social and mental health and well being; retail of education and training materials, manuals and curriculum-based instructional and teaching materials including those in printed, audio, video, digital, multimedia, software and electronic format; wholesaling and retailing of goods (by any means); retail services; distribution of goods (not being transport services); demonstration of goods; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; promoting the commercial and business interests of professional provided by an association for its members; provision of business support or advice by an association for its members; career advisory services (other than education and training advice); career counselling (employment advice and information); career information and advisory services (other than educational and training advice); career planning services; all the foregoing being available or accessible online or via the internet; provision of information in relation to the above services including online, via an online forum, emails, webinars, weblogs and social media applicationsClass 36: organising and arranging for charitable donations and collections including in relation to education, training, entertainment, sporting or cultural activities; financial sponsorship of programs and support services to meet the educational needs of others; fundraising services; sponsorship of group recreational activities for the purpose of charitable fundraising; collaborations with third parties for the purpose of charitable fundraising; facilitating access to educational services for others through financial means; organisation of charitable collections; charitable services, namely financial services; leasing of accommodation; provision of housing accommodation; provision of long-term accommodation; rental of accommodation; preparing reports and other business documents in relation to the above services; advisory and consultancy relating to the above services; provision of information in relation to the above services, including online, via an online forum, email, weblogs and social media posts and applicationsClass 41: educational services including schooling; educational services provided by kindergarten, preparatory, pre-school, primary and secondary schools; provision of educational instruction, tuition, study, tutoring, coaching and training services; provision of distance education; boarding school services; educational programs; providing facilities for educational purposes; rental of sporting facilities, theatres and performance spaces including the provision of services relating to the operation and management of leased spaces; provision of sporting club facilities; social club services (entertainment, sporting and cultural services); provision of educational courses; providing curriculum development services; providing of curriculum based educational resources and support materials; educational consultancy services; provision of education services via an online forum; provision of cultural educational activities including music, drama and dance lessons; production of plays, musical, dance and theatrical performances and shows; provision of early learning (educational) services including in relation to the development of fine motor, verbal, numbers, counting, colours and alphabet skills; provision of education and training services in relation to broad, lateral and critical problem solving skills, psychology, learning behaviours, behavioural science and factors contributing to social and emotional wellbeing and mental health; adventure, nature and inquiry-based learning programs (education and training); organising, conducting and managing events and activities for physical and emotional wellbeing including problem-solving exercises and team-based adventure challenges; physical education; physical health education; instructing and training of outdoor education and recreational activities; conducting and arranging of camps for students; creating and developing educational or training courses and programs including for early learners in relation to the development of fine motor, verbal, numbers, counting, colours and alphabet skills; creating and developing educational or training courses and programs in relation to the development of broad, lateral, creative and critical problem solving skills, psychology including positive psychology, learning behaviours, behavioural science and factors contributing to social and emotional wellbeing and mental health; provision of library services; archive library services; provision of kindergarten, playgroup and pre-school educational services; kindergarten services (education or entertainment); kindergartens (nursery schools); preschool teaching; preschools (education); provision of children's educational services through play groups; arranging, conducting and making available online training sessions, workshops, seminars, courses, lectures, exhibits and conferences; educational research; association services being the provision of training and education to members of an association; organising, conducting and managing events and activities including cultural, social, educational, sporting, charitable and entertainment events; event management services in relation to educational and sporting events; boarding school services; boarding schools; dissemination and publication of educational material including online; providing educational information; providing facilities for sporting activities, recreation and entertainment; training in the care of children; life coaching services (training or education services); lifestyle counselling and consultancy (training); career counselling (training and education advice); career information and advisory services (educational and training advice); wellbeing services being guidance and non-therapeutic counselling to meet the educational needs of students, children and young people; charitable services (education and training); publication of printed educational materials, statistics, research and information; online publications (non-downloadable); weblog (blog) services (online publication of journals or diaries); provision of information in relation to the above services including online, via an online forum, emails, webinars, weblogs and social media applications; providing the above services online including via an online forum or portal; advisory and consultancy relating to the aboveClass 43: organising, arranging and managing of boarding and temporary accommodation facilities for students, children and young people; arranging, conducting and making available school holiday programs for children, students and boarding houses; boarding house accommodation and hospitality services; lodging house accommodation and hospitality services; arranging of accommodation for students; student village services (accommodation); before and after hours school care services for children, students and young people; hospitality services (food and drink); dining hall services for the provision of food and drink; arranging for the provision of food, drink and meals for children, students and young people; café, snack bar and canteen services; takeaway food and drink services; provision of information in relation to the above services including online, via an online forum, emails, webinars, weblogs and social media applications; providing the above services online including via an online forum or portal; advisory and consultancy relating to the aboveAnnexure BClass 35: charitable services, namely organising and conducting volunteer programmes and community service projectsClass 39: arranging of excursions; organisation of excursions; arranging of travel; escorting of travellers; provision of travel information; organisation of travel; agency services for arranging tours; arranging of sightseeing tours; arranging of travel tours; conducting sightseeing tours; organisation of sightseeing tours; organisation of tours; provision of toursClass 41: adult training; advisory services relating to training; arranging group recreational activities; charitable services, namely education and training; children's adventure playground services; children's entertainment services; choir singing; conducting instructional courses; conducting workshops (training); consultancy services relating to training; correspondence courses; cultural activities; design of educational courses, examinations and qualifications; dietary education services; dissemination of educational material; education academy services; education advisory services; education information; education services; educational assessment services; educational consultancy services; educational examination; educational institute services; educational instruction; educational research; educational seminars; educational services; health education; information services relating to education; instruction in dancing; instruction in the use of computers; instruction services; kindergarten services (education or entertainment); kindergartens (nursery schools); management of education services; mentoring (training); nursery schools; organisation of competitions (education or entertainment); organisation of contests (education or entertainment); organisation of exhibitions for cultural or educational purposes; organisation of shows (impresario services); organisation of sporting competitions; organisation of teaching activities; organisation of youth training schemes; organisation of games; organisation of parties; organisation of sporting activities; personal development training; physical education; physical training services; preschool teaching; preschools (education); providing courses of instruction; providing information, including online, about education, training, entertainment, sporting and cultural activities; providing recreation facilities; provision of children's' educational services through play groups; provision of courses of instruction; provision of education courses; provision of education services via an online forum; provision of educational information; provision of facilities for education; provision of information relating to training; provision of training; provision of training courses; provision of tuition; publication of educational materials; school services; teacher training services; teaching; training; training consultancy; training in the care of children; tutoring Class 42: design of child care facilitiesClass 43: child care services; day care services for children; day nurseries; day-care centres (day-nurseries); day-nurseries (creches); provision of day nurseries (other than schools)Annexure CClass 9: audio visual multimedia and teaching apparatus and instruments in this class; downloadable educational material including webcasts, podcasts, audio visual files, music files, software programs and mobile or web-based software applications; multimedia material including electronic and recorded publications; interactive education software including compact disks and tapes; training aids (apparatus for teaching people); training apparatus (teaching apparatus for teaching people); electronic publications (downloadable); electronic publications (non-downloadable); bags adapted for laptops, tablets and other mobile technologies; softwareClass 16: educational materials; educational publications; printed matter and printed publications; booklets; books; journals; periodicals; bulletins; articles of paper for stationary purposes; postcards; brochures; catalogues; adhesive stickers; name badges (office requisites); badges made of cardboard; badges made of paper; posters; newsletters; yearbooks; albums; binders, workbooks and work books; calendars and diaries; flags of paper; paper flags; charts; flashcards; handbooks; manuals; magazines; newsletters; written articles; instructional and teaching material; printed policies; printed submissions; printed research papers; printed study guides; printed worksheets; printed examinations and answer sheets; portfolio cases (covers); portfolio cases (folders); portfolios being stationery cases for holding documents; portfolios being stationery cases for holding plans; portfolios made from imitation leather adapted for carrying artwork; portfolios made from plastic adapted for carrying artwork; presentation portfolios (stationery cases); writing and drawing instruments and apparatus in this class including pens, pencils, highlighters, crayons, rulers, marketers, sharpeners, correcting fluids and erasers; articles of stationeryClass 18: bags, including school bags, book bags and sports bags; back packs; shoulder bags; gym bags; satchel bags; luggage; suitcases; conference folders; drawing instrument cases; art portfolios (cases); briefcase-type portfolios; conference portfolios; leather portfolios; portfolio cases (briefcases); portfolios (briefcases); portfolios (other than stationery); business card cases; card cases (notecases); card holders (wallets); luggage identity tags; luggage label holders; umbrellas; umbrella coversClass 25: apparel (clothing, footwear and head gear), including without limitation, school clothing, school footwear and school head gear for students, children and young people; clothing for sports; clothing adapted for athletic use and training in this class; headwear adapted for athletic use and training (other than helmets) in this class; sports headgear (other than helmets); ties (for wear); blazers; scarfs; gloves; jackets and outerwear in this class; shirts and blouses in this class; knitwear in this class; swimwear in this class; badges for wear in this class including those made of common metal or textile materialsClass 28: educational toys, playthings and sporting goods in this class; educational playthings for use in teaching; electronic games (other than software); electronic educational teaching games; electronic educational teaching games for children; tactile educational games (playthings); tactile educational toys (playthings); musical games; musical playthings; musical toys; computer games apparatus; board games in this class; cards and card games for use in teaching; sporting apparatus; sports balls in this class including footballs, rugby balls, soccer balls, basketballs, volleyballs and hand balls; sports training aids and devices; sporting bags (shaped to contain apparatus used in playing sports); sports games; toys for adventure, positive and creative playClass 35: promotion of education; business management, business administration and office functions; promotion of education, psychology, learning behaviours, behavioural science and factors contributing to social and emotional well being and mental health; promotion of emotional, social and mental health and well being; retail of education and training materials, manuals and curriculum-based instructional and teaching materials including those in printed, audio, video, digital, multimedia, software and electronic format; wholesaling and retailing of goods (by any means); retail services; distribution of goods (not being transport services); demonstration of goods; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; promoting the commercial and business interests of professional provided by an association for its members; provision of business support or advice by an association for its members; career advisory services (other than education and training advice); career counselling (employment advice and information); career information and advisory services (other than educational and training advice); career planning services; all the foregoing being available or accessible online or via the internet; provision of information in relation to the above services including online, via an online forum, emails, webinars, weblogs and social media applicationsClass 36: organising and arranging for charitable donations and collections including in relation to education, training, entertainment, sporting or cultural activities; financial sponsorship of programs and support services to meet the educational needs of others; fundraising services; sponsorship of group recreational activities for the purpose of charitable fundraising; collaborations with third parties for the purpose of charitable fundraising; facilitating access to educational services for others through financial means; organisation of charitable collections; charitable services, namely financial services; leasing of accommodation; provision of housing accommodation; provision of long-term accommodation; rental of accommodation; preparing reports and other business documents in relation to the above services; advisory and consultancy relating to the above services; provision of information in relation to the above services, including online, via an online forum, email, weblogs and social media posts and applicationsClass 41: educational services including schooling; educational services provided by kindergarten, preparatory, pre-school, primary and secondary schools; provision of educational instruction, tuition, study, tutoring, coaching and training services; provision of distance education; boarding school services; educational programs; providing facilities for educational purposes; rental of sporting facilities, theatres and performance spaces including the provision of services relating to the operation and management of leased spaces; provision of sporting club facilities; social club services (entertainment, sporting and cultural services); provision of educational courses; providing curriculum development services; providing of curriculum based educational resources and support materials; educational consultancy services; provision of education services via an online forum; provision of cultural educational activities including music, drama and dance lessons; production of plays, musical, dance and theatrical performances and shows; provision of early learning (educational) services including in relation to the development of fine motor, verbal, numbers, counting, colours and alphabet skills; provision of education and training services in relation to broad, lateral and critical problem solving skills, psychology, learning behaviours, behavioural science and factors contributing to social and emotional wellbeing and mental health; adventure, nature and inquiry-based learning programs (education and training); organising, conducting and managing events and activities for physical and emotional wellbeing including problem-solving exercises and team-based adventure challenges; physical education; physical health education; instructing and training of outdoor education and recreational activities; conducting and arranging of camps for students; creating and developing educational or training courses and programs including for early learners in relation to the development of fine motor, verbal, numbers, counting, colours and alphabet skills; creating and developing educational or training courses and programs in relation to the development of broad, lateral, creative and critical problem solving skills, psychology including positive psychology, learning behaviours, behavioural science and factors contributing to social and emotional wellbeing and mental health; provision of library services; archive library services; provision of kindergarten, playgroup and pre-school educational services; kindergarten services (education or entertainment); kindergartens (nursery schools); preschool teaching; preschools (education); provision of children's educational services through play groups; arranging, conducting and making available online training sessions, workshops, seminars, courses, lectures, exhibits and conferences; educational research; association services being the provision of training and education to members of an association; organising, conducting and managing events and activities including cultural, social, educational, sporting, charitable and entertainment events; event management services in relation to educational and sporting events; boarding school services; boarding schools; dissemination and publication of educational material including online; providing educational information; providing facilities for sporting activities, recreation and entertainment; training in the care of children; life coaching services (training or education services); lifestyle counselling and consultancy (training); career counselling (training and education advice); career information and advisory services (educational and training advice); wellbeing services being guidance and non-therapeutic counselling to meet the educational needs of students, children and young people; charitable services (education and training); publication of printed educational materials, statistics, research and information; online publications (non-downloadable); weblog (blog) services (online publication of journals or diaries); provision of information in relation to the above services including online, via an online forum, emails, webinars, weblogs and social media applications; providing the above services online including via an online forum or portal; advisory and consultancy relating to the aboveClass 43: organising, arranging and managing of boarding and temporary accommodation facilities for students, children and young people; arranging, conducting and making available school holiday programs for children, students and boarding houses; boarding house accommodation and hospitality services; lodging house accommodation and hospitality services; arranging of accommodation for students; student village services (accommodation); before and after hours school care services for children, students and young people; hospitality services (food and drink); dining hall services for the provision of food and drink; arranging for the provision of food, drink and meals for children, students and young people; café, snack bar and canteen services; takeaway food and drink services; provision of information in relation to the above services including online, via an online forum, emails, webinars, weblogs and social media applications; providing the above services online including via an online forum or portal; advisory and consultancy relating to the aboveAnnexure DClass 9: bags adapted for laptops, tablets and other mobile technologiesClass 16: articles of paper for stationary purposes; postcards; brochures; catalogues; adhesive stickers; name badges (office requisites); badges made of cardboard; badges made of paper; posters; calendars and diaries; flags of paper; paper flags; portfolio cases (covers); portfolio cases (folders); portfolios being stationery cases for holding documents; portfolios being stationery cases for holding plans; portfolios made from imitation leather adapted for carrying artwork; portfolios made from plastic adapted for carrying artwork; presentation portfolios (stationery cases); writing and drawing instruments and apparatus in this class including pens, pencils, highlighters, crayons, rulers, marketers, sharpeners, correcting fluids and erasers; articles of stationery; drawing instrument cases (fitted)Class 18: bags, including school bags, book bags and sports bags; back packs; shoulder bags; gym bags; satchel bags; luggage; suitcases; conference folders; drawing instrument cases (not fitted); art portfolios (cases); briefcase-type portfolios; conference portfolios; leather portfolios; portfolio cases (briefcases); portfolios (briefcases); portfolios (other than stationery); business card cases; card cases (notecases); card holders (wallets); luggage identity tags; luggage label holders; umbrellas; umbrella coversClass 25: apparel (clothing, footwear and head gear), including without limitation, school clothing, school footwear and school head gear for students, children and young people; clothing for sports; clothing adapted for athletic use and training in this class; headwear adapted for athletic use and training (other than helmets) in this class; sports headgear (other than helmets); ties (for wear); blazers; scarfs; gloves; jackets and outerwear in this class; shirts and blouses in this class; knitwear in this class; swimwear in this class; badges for wear in this class made of common metal or textile materialsClass 35: promotion of education; business management, business administration and office functions; promotion of education, psychology, learning behaviours, behavioural science and factors contributing to social and emotional well being and mental health; promotion of emotional, social and mental health and well being; retail of education and training materials, manuals and curriculum-based instructional and teaching materials including those in printed, audio, video, digital, multimedia, software and electronic format; wholesaling and retailing of goods (by any means); retail services; distribution of goods for retail and demonstration advertising purposes (not being transport services); demonstration of goods; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; promoting the commercial and business interests of professional provided by an association for its members; provision of business support or advice by an association for its members; career advisory services (other than education and training advice); career counselling (employment advice and information); career information and advisory services (other than educational and training advice); career planning services; all the foregoing being available or accessible online or via the internet; provision of information in relation to the above services including online, via an online forum, emails, webinars, weblogs and social media applicationsClass 36: organising and arranging for charitable donations and collections including in relation to education, training, entertainment, sporting or cultural activities; financial sponsorship of programs and support services to meet the educational needs of others; fundraising services; sponsorship of group recreational activities for the purpose of charitable fundraising; collaborations with third parties for the purpose of charitable fundraising; facilitating access to educational services for others through financial means; organisation of charitable collections; charitable services, namely financial services; leasing of accommodation; provision of housing accommodation; provision of long-term accommodation; rental of accommodation; preparing reports and other business documents in relation to the above services; advisory and consultancy relating to the above services; provision of information in relation to the above services, including online, via an online forum, email, weblogs and social media posts and applicationsClass 43: boarding house accommodation services; lodging house accommodation services; arranging of accommodation for students; student village services (accommodation); provision of information in relation to the above services including online, via an online forum, emails, webinars, weblogs and social media applications; providing the above services online including via an online forum or portal; advisory and consultancy relating to the above
Ratio Decidendi
Legal Principle Established
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