Islestarr Holdings Limited

TRADE MARKS ACT 1995

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Trade mark application number 2225027 (class 3, 21, 35 and 44) – FREQUENCY (word) - in the name of Islestarr Holdings Limited

Delegate:

Benjamin Goldsworthy

Representation:

Applicant: Abion Australasia Limited

Decision:

2025 ATMO 62

Trade Marks Act 1995 (Cth) – request for extension of time under s 224 to overcome grounds of rejection – series of past requests for extensions of time to extend due date for acceptance – similar reasons provided – warning from delegate concerning the reasons for any further request for an extension of time – further request for extension of time with substantially the same reasons and little detail or corroborating evidence – request for extension of time refused.

Background

This matter concerns a request for an extension of time (‘EOT’) to extend the due date for the acceptance of an application for a trade mark filed under the Trade Marks Act 1995 (Cth) (‘Act’).[1] I reproduce the details of the trade mark below:
Owner: Islestarr Holdings Limited (‘Applicant’)
Trade mark number: 2225027
Filing date: 3 November 2021
Priority date: 27 May 2021
Trade mark: FREQUENCY (‘Trade Mark’)
Goods & Services: Classes 3, 21, 35, 44[2]
Convention details: Date: 27 May 2021 Number: 018480967 Country: EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO)
[1] Unless specified otherwise, a reference in these reasons to a section is a reference to such in the Trade Marks Act 1995 (Cth) and a reference to a regulation is a reference to such in the Trade Marks Regulations 1995 (Cth).
[2] I reproduce the specification of the Trade Mark at Schedule 1 to these written reasons.
After examination of the Trade Mark under s 31, a delegate of the Registrar raised a ground of rejection under s 44 in respect of one earlier registered trade mark, in an examination report dated 25 November 2021. Therefore, the due date for the acceptance of the Trade Mark was 25 February 2023.[3]
[3] See s 37(1) and reg 4.12(1).
On 20 February 2023, the Applicant filed a request for an EOT to extend the due date for acceptance by 3 months. This was granted.
On 23 March 2023, a delegate of the Registrar issued a second report which maintained the s 44 ground of rejection and raised a new ground of rejection under s 41 in respect of services in class 35. Because a new ground of rejection was raised at such a late stage in the examination, additional time was afforded to the Applicant to address the grounds of rejection. Accordingly. new due date for the acceptance of the Trade Mark was 23 June 2024.
On 13 June 2024, the Applicant filed another request for an EOT to extend the due date for acceptance of the Trade Mark by 3 months. The Applicant provided a declaration of Steven Lane, authorised representative of the Applicant, dated 13 June 2024, consisting of the following (‘Lane-1’):
Subsequent to the second Adverse Exam report and the addition of a Section 41 objection, the applicant would like to request an extension of a further 3 months on application 2225027.
There is just one cited mark against the application (AUTM No. 2131659) and the Applicant is liaising with the cited mark’s Owner, with a view to obtaining a consent.
Unfortunately this process is taking longer than expected.
On 18 June 2024, a delegate of the Registrar confirmed in writing that the request for an EOT was granted.
On 19 September 2024, the Applicant filed another request to extend the due date for acceptance by 3 months. The Applicant also filed a declaration of Steven Lane, dated 19 September 2024 (‘Lane-2’). Lane-2 provides:
Subsequent to the second Adverse Exam report and the addition of a Section 41 objection, the applicant would like to request an extension of a further 3 months on application 2225027.
There is just one cited mark against the application (AUTM No. 2131659) and the discussions with the cited mark’s Owner have been ongoing.
Unfortunately this process is taking longer than expected.
On 25 September 2024, a delegate of this Registrar contacted the Applicant in writing confirming that the EOT had been granted. However, the delegate also provided the following warning:
Warning
The applicant has had an excessive number of extensions previously granted. This is well over the period the Registrar considers reasonable.
This extension will be approved on this occasion, however further extensions are unlikely to be approved without evidence of further progress made during this extended period.
On 20 December 2024, the Applicant again made a request for a 3 month extension of time to extend the due date for acceptance. The Applicant also filed a declaration of Steven Lane, dated 20 December 2024 (‘Lane-3’).
Lane-3 consists of the following statements:
Subsequent to the second Adverse Exam report and the addition of a Section 41 objection, the applicant would like to request a further 3 month extension.
There is just one cited mark against the application (AUTM No. 2131659) and the discussions with the owner have been ongoing and terms have been provisionally agreed.
The Applicant therefore requests an additional 3 month extension so that the agreement can be formalised.
On 24 December 2024, a delegate of the Registrar expressed an intention to refuse the EOT request and referred the Applicant to the warning contained in the letter dated 25 September 2024.
On 6 January 2025, the Applicant requested to be heard by way of written submissions. On 6 February 2025 the Applicant filed a letter prepared by its representative Abion Australasia Ltd (‘Abion Letter’).
I am now to decide this matter based on the above material in my capacity as a delegate of the Registrar.
Legislation
Section 224 provides:
224 Extension of time
(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).
At the outset I note that none the circumstances that arise based on the evidence are covered by ss 224(1) and 224(2) and there is no suggestion of any error or omission by the Registrar, the Applicant or its agent. Rather, the Applicant has sought an EOT under s 224(3). Accordingly, I turn to consider whether the EOT request complies with the requirements of s 224(3).
In applying s 224(3), the Registrar must firstly be satisfied that ‘special circumstances’ exist. Then, they must be satisfied that, on the basis of the facts, the established special circumstances justify the grant of an EOT. This is a discretion for the Registrar.
In considering what might be included in ‘special circumstances’, I recall the words of the delegate in Wrangler Apparel Corp v Australia Professional Rodeo Association Inc[4] where the delegate of the Registrar noted the findings in Genentech v Wellcome Foundation Ltd[5] that the modern interpretation of the expression ‘special circumstances’ in the Patents regulations should be a liberal one.
[4] [1996] ATMO 55 (Hearing Officer Forno).
[5] [1988] APO 15.
Of the approach to be taken to the exercise of a discretion to extend time I note that:
·in the absence of nominated factors against which the discretion is to be exercised, regard should be had to the ‘subject-matter, scope and purpose of the Act’,[6] and as elaborated on by Davies J in Chalk v Commissioner for Superannuation, ‘...the discretion should be exercised by reference to the words of the statute and the context within which the discretion is conferred’;[7]
·it is ‘more important to consider the consequences of extending or refusing to extend time than to debate the reasons why the act was not done in time’.[8]
·a legislative provision providing for the exercise of a discretion to extend time is beneficial in nature and should be applied beneficially.[9]
[6] Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40 (Mason J).
[7] [1994] FCA 1063, [19] (‘Chalk’s Case’).
[8] Ibid [24].
[9] Chalk’s Case (n 7) [23].
Application of the legislation
The Applicant’s representative submits that the Applicant is in the process of acquiring an earlier trade mark which forms the ground of rejection under s 44 and that refusal of the request for the EOT would adversely affect this process. They state that:
since the Applicant’s request for a Hearing, the Applicant has most recently corresponded with the citation owner on the 7th and 21st January and 4th February. The correspondence includes via email and phone, in addition to sending a signed copy of the assignment agreement for countersignature.
Regarding the intentions of the Applicant the representative notes:
Whilst it awaits confirmation of signature, the Applicant intends to follow up with the citation owner, to ensure there are no further delays. The Applicant will remain diligent and intends to record the assignment as soon as the agreement is completed.
The Applicant’s representative further adds that:
The Applicant submits that the refusal of the extension would have adverse effects on its position on the register. Ultimately the Applicant would be unjustly pecuniarily harmed should the extension be refused. Should the Registrar proceed with the refusal, the Applicant will need to consider either refiling the mark or filing an application for revocation against the citation. If the Applicant has to refile the mark, it will unjustly lose its earlier filing date to its detriment. Both actions will cause undue administrative burdens to the Australia IPO which could otherwise be avoided, should the extension be granted.
The acquisition of the earlier trade mark would likely result in the ground of rejection under s 44 being overcome. However, whilst there is a basic statement that negotiations are ongoing, the material mentioned in the Abion Letter provides no information which is corroborated in a recent declaration being in an approved form.[10] Therefore, the material is not of much weight. Even so, the Abion Letter also makes only general assertions of the alleged facts without details. The identity of the author of the Abion Letter is also not specified as only the name of the representative firm appears to have been provided.
[10] See reg 21.6. I do not propose to delay this process any further by requesting that the Applicant file the same information in a declared format as it would not likely change the outcome.
The EOT which is the focus on these proceedings seeks to extend the date for acceptance of the Trade Mark by 3 months. That is, 3 months from 23 December 2024 until 23 March 2025. The Applicant does not indicate when any documentation for an assignment of the earlier trade mark would be or is likely to be finalised. Nor does it indicate when it intends to follow up with the citation owner. There is no corroborating evidence of the provisional agreement mentioned in Lane-3, or its terms.
I consider the Abion Letter to have barely engaged with the warning of the delegate contained in the letter dated 25 September 2024 and it goes little further than the information provided in the declarations. The statements made in the Abion Letter are general ones which do not speak to the impact on the ability of the Applicant to overcome the two grounds of rejection. There is no other evidence that corroborates any of the statements which have been made in the Abion Letter, the statements made in Lane-3 or, to the extent that they might be relevant, Lane-2 and Lane-1. Whilst the Abion Letter mentions, for example, a follow up by email with the owner of the earlier trade mark, there is no corroborating documentation provided in that respect.
In Harvey Comics, Inc[11] (‘Harvey Comics’) a delegate of the Registrar considered a request for an EOT in circumstances where there were demonstrably complex negotiations which appeared to be causative of delay. The delegate there found that there were special circumstances justifying an EOT. However, there are differences to the case before me. In Harvey Comics the Applicant provided details about the relevant circumstances and why they should be considered complex and causative of the delay. By contrast, the Applicant provides no information about why the process for the negotiations has been so protracted here.
[11] [2001] ATMO 77 (Hearing Officer Forno).
Regarding the reasonableness of the exercise of the discretion, all the relevant factors, especially the relative inconvenience to any party, here the Applicant, and the public interest should be taken into account in deciding whether to grant the extension.[12] I should also consider whether the application for the Trade Mark has otherwise been prosecuted with due diligence and the desirability of operating the trade mark system efficiently and without unreasonable delays.[13] For reasons which follow, on the evidence before me my assessment is that in all the circumstances it would not be reasonable to grant the request for the EOT.
[12] Richard Hall, Re [1997] ATMO 69 (Hearing Officer Murray).
[13] Ibid.
I turn to the consequences of a refusal of the EOT. I acknowledge if the EOT is not granted then this application for the Trade Mark will fail. I also acknowledge that if Applicant files again then its current priority date would be lost.
Also notable is that the grant of the EOT would only potentially advance the Applicant in respect of the ground of rejection under s 44. The Applicant does not appear to address how, or if, the additional time would assist in the overcoming the separate ground of rejection under s 41. The s 41 ground of rejection is not dependent on the input of, or any negotiations with, a third party in the manner a ground under s 44 might. For completeness I note that whilst the ground of rejection under s 41 was raised as a late ground of rejection, sufficient additional time has already been afforded to the Applicant in respect of that ground of rejection and it is not clear to me why any additional time should be afforded in respect of this ground. Regardless, there is no explanation of how the Applicant intends to deal with the remaining ground under s 41. As such, the Trade Mark may still not overcome the issues in respect of s 41 and the EOT would not result in application for the Trade Mark overcoming all of the issues. The failure to address issues around how, or indeed if, the ground of rejection under s 41 is likely to be dealt with also weighs against the EOT request being a reasonable one.
I am also conscious of the public interest in matters being decided without necessary delays. There has been continued delay in the prosecution of this application. Despite being warned about the detail required for any further EOTs, little additional detail appears in the Abion Letter. I also note that because of the additional ground of rejection under s 41 being raised at a late stage in the examination, by default the Applicant has already been afforded additional time. This is time in which the Applicant also could have dealt with the ground of rejection under s 44. The Applicant has otherwise had ample time and opportunities to demonstrate the basis for the EOT.
Balancing the relevant factors, they weigh against the reasonableness of granting the EOT. Overall, I am not satisfied that there are special circumstances which would justify the EOT which is the subject of these proceedings.
Decision
Accordingly, I refuse the extension of time request which is the subject of these proceedings.
Benjamin Goldsworthy
Hearing Officer
Oppositions and Hearings
Trade Marks and Designs
24 March 2025
Schedule 1
Class 3: Cosmetics, make up; skin care preparations; lipsticks; lip gloss; make-up powder and foundation; moisturisers; beauty care preparations; body care preparations; essential oils for personal use; preparations and products for removing make-up; lotions, creams and conditioners for the face, hands and body; beauty masks; abrasive cloth; abrasive paper; abrasives; adhesives for affixing false hair; adhesives for cosmetic purposes; after-shave lotions; almond milk for cosmetic purposes; almond oil; almond soap; aloe vera preparations for cosmetic purposes; alum stones [astringents]; amber [perfume]; antiperspirant soap; antiperspirants [toiletries]; aromatics [essential oils]; astringents for cosmetic purposes; balms other than for medical purposes; bath salts, not for medical purposes; baths (cosmetic preparations for-); beard dyes; bergamot oil; bleaching preparations [decolorants] for cosmetic purposes; breath freshening sprays; breath freshening strips; cakes of toilet soap; cedarwood (essential oils of-); citron (essential oils of-); cleansing milk for toilet purposes; colorants for toilet purposes; color-removing preparations; colour-brightening chemicals for household purposes [laundry]; cosmetic kits; cosmetic preparations for slimming purposes; cosmetics for animals; cotton sticks for cosmetic purposes; cotton wool for cosmetic purposes; creams (cosmetic-); creams (skin whitening-); dental bleaching gels; deodorant soap; deodorants for human beings or for animals; depilatories; depilatory preparations; douching preparations for personal sanitary or deodorant purposes [toiletries]; dry shampoos; dyes (cosmetic-); eau de cologne; emery; essences (ethereal-); essential oils; ethereal essences; ethereal oils; extracts of flowers [perfumes]; eyebrow cosmetics; eyebrow pencils; eyelashes (adhesives for affixing false-); eyelashes (cosmetic preparations for-); eyelashes (false-); false eyelashes; false hair (adhesives for affixing-); false nails; flower perfumes (bases for-); flowers (extracts of-) [perfumes]; foot perspiration (soap for-); gels (dental bleaching-); greases for cosmetic purposes; hair colorants; hair dyes; hair lotions; hair spray; hair waving preparations; hydrogen peroxide for cosmetic purposes; incense; ionone [perfumery]; jasmine oil; javelle water; jelly (petroleum-) for cosmetic purposes; joss sticks; kits (cosmetic-); lavender oil; lavender water; lemon (essential oils of-); lotions for cosmetic purposes; lotions (tissues impregnated with cosmetic-); make-up preparations; make-up removing preparations; mascara; massage gels other than for medical purposes; milk (cleansing-) for toilet purposes; mint essence [essential oil]; mint for perfumery; musk [perfumery]; moustache wax; nail art stickers; nail care preparations; nail polish; nail varnish; nails (false-); neutralizers for permanent waving; oils for cosmetic purposes; oils for perfumes and scents; oils for toilet purposes; pencils (cosmetic-); pencils (eyebrow-); perfumery; perfumes; permanent waving (neutralizers for-); petroleum jelly for cosmetic purposes; polishes (denture-); pomades for cosmetic purposes; powder (make-up-); pumice stone; rose oil; shampoos; shaving preparations; shaving soap; skin care (cosmetic preparations for-); skin whitening creams; slimming purposes (cosmetic preparations for-); soap; soap (antiperspirant-); soap (cakes of-); soap (deodorant-); soap for foot perspiration; sprays (breath freshening-); strips (breath freshening-); sunscreen preparations; sun-tanning preparations [cosmetics]; talcum powder, for toilet use; terpenes [essential oils]; tissues impregnated with cosmetic lotions; toilet water; toiletries; transfers (decorative-) for cosmetic purposes; varnish (nail-); varnish-removing preparations; waving preparations for the hair; wax (depilatory-); hair care preparations; toiletry preparations.
Class 21: Make up brushes; cosmetic brushes; animal bristles [brushware]; electric brushes, except parts of machines; shaving brush stands; shaving brushes; skin (abrasive sponges for scrubbing the -); soap boxes; soap dispensers; soap holders; cosmetic utensils; cosmetic spatulas; cosmetics applicators; cosmetic bags [fitted]; 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 35: Advertising and promotion of cosmetics; conducting, arranging and organising trade fairs related to cosmetics; mail order retail services related to cosmetics; provision of business consultation, information and advisory services relating to cosmetics; retail services connected with the sale of cosmetics; on-line retail store services relating to cosmetics; arranging of cosmetics trade fairs; mail order catalogue services in relation to cosmetics; retail services connected with the sale of, bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps; retail services connected with the sale of perfumery, essential oils, cosmetics, hair lotions, dentifrices, cosmetic kits, cosmetics, eau de cologne, eyebrow cosmetics, eyebrow pencils, false eyelashes, false nails, lip glosses, lipsticks, make-up, make-up powder, make-up preparations, make-up removing preparations, mascara, nail polish, nail varnish, perfumery, perfumes; retail services connected with the sale of hand tools and implements (hand-operated), cutlery, side arms, razors, curling tongs, depilation appliances, electric and non-electric fingernail polishers, electric or nonelectric, flat irons, hair clippers for personal use, electric and non-electric hand implements for hair curling, hair-removing tweezers; retail services connected with the sale of manicure sets, manicure sets, electric, nail buffers, electric or non-electric, nail clippers, electric or non-electric, nail files, nail files, electric, pedicure sets; retail services connected with the sale of scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; retail services connected with the sale of apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, compact discs, dvds and other digital recording media; retail services connected with the sale of mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment, computers, computer software, fire-extinguishing apparatus, sunglasses, spectacles, precious metals and their alloys, jewellery, precious stones, horological and chronometric instruments; retail services connected with the sale of paper, cardboard, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional and teaching material (except apparatus); retail services connected with the sale of plastic materials for packaging, printers' type, printing blocks, blotters, booklets, books, calendars, cards, document holders, drawing pads, drawing pens, drawing sets, envelopes, flyers, folders, greeting cards, magazines, newspapers, pamphlets, pencils, pens, periodicals, postcards, posters, printed matter, printed publications, scrapbooks, stationery, teaching materials (except apparatus); retail services connected with the sale of leather and imitations of leather, animal skins, hides, trunks and travelling bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, backpacks, beach bags, boxes of leather or leather board, briefcases, canes, cases of leather or leatherboard, collars for animals; retail services connected with the sale of garment bags for travel, handbags, hat boxes of leather, haversacks, imitation leather, key cases, leather leads, leather leashes, moleskin, pocket wallets, purses, rucksacks, school bags, school satchels, shopping bags, travelling bags, travelling trunks, valises, vanity cases, not fitted, wheeled shopping bags; retail services connected with the sale of furniture, mirrors, picture frames, wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of pearl, meerschaum; retail services connected with the sale of household or kitchen utensils and containers, combs and sponges, brushes (except paint brushes), brush-making materials, articles for cleaning purposes, steelwool, unworked or semi-worked glass (except glass used in building), glassware, porcelain and earthenware, mirrors, abrasive sponges for scrubbing the skin, aerosol dispensers, not for medical purposes; retail services connected with the sale of brushes, comb cases, combs, cosmetic utensils, deodorising apparatus for personal use, eyebrow brushes, hair for brushes, make-up removing appliances, nail brushes; retail services connected with the sale of perfume burners, perfume sprayers, perfume vaporizers, powder compacts, powder puffs, shaving brush stands, shaving brushes, soap boxes, soap dispensers, soap holders, soup bowls, sponge holders, stands for shaving brushes, toothbrushes, toothbrushes, electric; retail services connected with the sale of ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials (except of rubber or plastics), raw fibrous textile materials, yarns and threads, for textile use; retail services connected with the sale of textiles and bedclothes, blankets, bedspreads, sheets, pillowcases, curtains of textile, towels, flannels, throws, tablecloths, bed covers, table covers; retail services connected with the sale of clothing, footwear, headgear, aprons, babies' pants, bandanas, bath robes, bath slippers, bathing drawers, bathing suits, bathing trunks, belts, berets, bodices, boots, brassieres, breeches for wear, camisoles, caps, coats, dresses, dressing gowns, ear muffs, footmuffs, not electrically heated, galoshes, garters, gloves, hats, headbands, hosiery, inner soles, jackets, jerseys, jumper dresses, jumpers; retail services connected with the sale of knitwear, leg warmers, leggings, leggings, masquerade costumes, mittens, money belts, muffs, neckties; retail services connected with the sale of outerclothing, overalls, overcoats, pants, parkas, petticoats, pinafore dresses, ponchos, pullovers, pyjamas, sandals, saris, sarongs, scarfs, shawls, shirts, shoes, short-sleeve shirts, shoulder wraps, shower caps, singlets, skirts, sleep masks, slippers, smocks, socks, sports jerseys, sports shoes, stockings, stuff jackets, suits, sun visors, suspenders, sweaters, swimsuits, tee-shirts, tights, top hats, trousers, turbans, underclothing, underpants, underwear; retail services connected with the sale of uniforms, veils, vests, waistcoats, waterproof clothing, wooden shoes, wristbands; retail services connected with the sale of lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers, carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, wall hangings (non-textile), games and playthings, gymnastic and sporting articles, decorations for christmas trees; retail services connected with the sale of meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastry and confectionery, ices, sugar, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, ice; retail services connected with the sale of grains and agricultural, horticultural and forestry products, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals; retail services connected with the sale of malt, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages; retail services connected with the sale of soft drinks, energy drinks, wines, iced-tea, aperitifs, carbonated beverages, fruit extracts, ginger ale, grape must, must, fruit drinks made from concentrate, cordials, malt water, seltzer water, soda water, tonic water, vegetable juices, essences used in the preparation of liqueurs, barley waters, fruit squashes, sarsaparilla, alcoholic beverages (except beers); retail services connected with the sale of tobacco, smokers' articles, matches.
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.

[2025] ATMO 62

24 March 2025