Jabree Ltd v Gold Coast Commonwealth Games Corporation

TRADE MARKS ACT 1995

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

Re:Opposition by Jabree Ltd to registration of trade mark application 1762487 (9,14,16,24,25,26,28,35,36,38,39,41,42,43) - BOROBI - filed in the name of Gold Coast 2018 Commonwealth Games Corporation.

Delegate:	Cristy Condon
Representation:	Opponent: Andrew Musgrave of Counsel and Tom Webster of HWL Ebsworth Lawyers Applicant: Andrew Crowe QC and Alana Ryzner of Minter Ellison – Gold Coast
Decision:	2017 ATMO 156 Trade Marks Act 1995 (Cth) - Section 52 opposition: ss 42(a), 42(b) and 43 considered – none established - trade mark to proceed to registration.

Background

Gold Coast 2018 Commonwealth Games Corporation (‘the Applicant’) filed its trade mark application (‘the application’) on 2 April 2016 in classes 9, 14, 16, 24, 25, 26, 28, 35, 36, 38, 39, 41, 42, 43 of the International Classification of Goods and Services. The specification of goods and services and the details of the convention priority claim contained in the application’s endorsement are too large to reproduce in the body of this decision. Full details of the application can therefore be found in Annexure A attached to this decision. For current purposes, the relevant details of the application appear below:
Trade mark:  BOROBI (‘the Trade Mark’)
Trade mark application no:  1762487
Filing date:  2 April 2016
Convention Priority date:  18 December 2015
Goods and services classes:  Listed in Annexure 1 and relates to an   extensive number of goods and   services in the following classes: 9,   14, 16, 24, 25, 26, 28, 35, 36, 38, 39,   41, 42, 43
(‘Applicant’s Goods and Services’)
Endorsement:   Listed in Annexure 1 and relates to a convention priority claim from a trade mark application for the Yugambeh language word ‘Borobi’ filed in Tonga in 2015 by the Applicant.
Following examination of the Trade Mark it was advertised as accepted for possible registration in the Australian Official Journal of Trade Marks on 23 June 2016. On 26 July 2016 Jabree Ltd (‘the Opponent’) filed its Notice of Intention to Oppose the registration of the Trade Mark and on 26 August 2016 it filed the Statement of Grounds and Particulars (‘SGP’). The Applicant filed a Notice of Intention to Defend on 6 October 2016. Thereafter the parties served and filed evidence as provided by the Trade Marks Regulations 1995. The Opponent filed as evidence in support:

Declaration by Wesley Aird (Managing Director of the Opponent and a Yugambeh man) dated 16 February 2017 together with Exhibits WA – 1 to WA – 33 (‘Aird 1’).
Declaration by Wesley Aird dated 16 February 2017 together with Exhibits WA-1 to WA – 23(‘Aird 2’).
Declaration by Thomas Alexander Webster, the Opponent’s representative solicitor at HWL Ebsworth Lawyers, dated 16 February 2017 together with Exhibits TAW – 1 to TAW - 15 (‘Webster 1’).
- Declaration by Thomas Alexander Webster dated 16 February 2017 together with Exhibits TAW -1 to TAW - 3 (‘Webster 2’).

The Applicant filed as evidence in answer:

Declaration of Elder Patricia O’Connor, Yugambeh Community Elder, dated 21 June 2017 (‘Patricia O’Connor’) together with Exhibit POC-1 which contains the declarations of:
Declaration by Albano Serafino Mucci, Indigenous Relationships Manager of the Applicant, dated 21 June 2017 (‘Mucci’).
Declaration by Mark Anthony Peters, Chief Executive Officer of the Applicant, dated 21 June 2017 together with Exhibits MP-1 to MP-18 (‘Peters’).
- Declaration by Travis James Couch, Manager of Executive Operations of the Applicant, dated 22 June 2017 together with Exhibits TC-1 to TC – 23 (‘Couch’).

The Opponent filed as evidence in reply:

Declaration of Wesley Aird dated 13 September 2017 together with Exhibits WA-1 – WA- 21 (‘Aird 3’).

Following a letter from this office the parties requested to be heard and the opposition was set down for an oral hearing in Canberra on 28 November 2017. I was allocated to hear and decide the opposition in my capacity as a delegate of the Registrar of Trade Marks. In accordance with my schedule of directions which were sent by email on 25 October 2017, both parties filed written submissions prior to the oral hearing.
I heard the matter on the arranged day and the Opponent was represented by Mr Andrew Musgrave of Counsel and Mr Tom Webster of HWL Ebsworth Lawyers. The Applicant was represented by Mr Andrew Crowe Queens Counsel and Ms Alana Ryzner of Minter Ellison – Gold Coast. Mr Wesley Aird of the Opponent also attended the hearing and he observed the proceedings.
I am a delegate of the Registrar of Trade Marks and I am to decide the opposition as required by s 55 of the Act which provides that, unless the proceedings are discontinued, dismissed, or have lapsed under s 54A the Registrar must, at the end, decide on the basis of the evidence and submissions mentioned in the preceding paragraphs:
(a)to refuse to register the trade mark; or
(b)to register the trade mark (with or without conditions or limitations) in respect of the goods and/or services then specified in the application;

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

The evidence filed in these proceedings provides the following information about each of the parties:

The Opponent

The Opponent is a registered cultural heritage body for the Gold Coast region under the Aboriginal Cultural Heritage Act2003 (Qld) (’the Heritage Act’). The Opponent was established in 2010 to support the Gold Coast Native Title Claim Group and traditional owner community for the purpose of assisting with the most recent Gold Coast Native Title Claim. The Opponent also says that it was established as the Aboriginal cultural heritage body for the Gold Coast region, to manage and protect the Yugambeh people’s cultural heritage[1]. In any event the Opponent is a corporation and therefore has legal personality and is able to oppose the registration of the Trade Mark.[2]
[1] Aird 1, [7].
[2] I only mention this because the authority of the Opponent to oppose the Trade Mark on behalf of the Yugambeh community was a matter of contention between the parties during the oral hearing on 28 November 2017.

The Applicant

The Applicant was established on 1 January 2012 by the Commonwealth Games Arrangements Act2011 (Qld) (‘the Games Act’). Pursuant to s 8 of the Games Act the Applicant is to assume and facilitate the organisation, conduct, promotion and commercial and financial management of the Gold Coast 2018 Commonwealth Games (‘the Games’) and this includes the filing of any claims for intellectual property protection, such as the application for a trade mark.

Grounds of Opposition and Onus

The SGP nominates three grounds of opposition available under ss 42(a), 42(b) and 43 of the Trade Marks Act 1995 (Cth) (‘the Act’). These were the grounds pursued by the Opponent at the oral hearing on 28 November 2017.
The Opponent bears the burden to establish one or more of its grounds of opposition on the balance of probabilities.[3] The date at which the rights of the parties are to be determined[4] is 18 December 2015 which in this case is the convention priority date that arises from a trade mark application for the Yugambeh language word ‘Borobi’ filed in Tonga.[5]

Evidence

[3] See Telstra Corporation Limited v Phone Directories Company Pty Ltd [2015] FCAFC 156, [133] affirming the approach of Gyles J in Pfizer Products Inc. v Karam [2006] FCA 1663, [26].

[4] Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592, 595, see also s 29(1) Trade Marks Act 1995 (Cth).

[5] See Annexure A attached to this decision for full details of the convention claim.

The Opponent’s Evidence

According to Mr Aird the word ‘Borobi’ originates from the indigenous Australians Yugambeh language[6] and translates into English language to mean ‘Koala’. The Yugambeh community is from the Gold Coast region.[7] The Applicant intends to use the word ‘Borobi’ as the name of its Gold Coast 2018 Commonwealth Games koala mascot. These facts are not in dispute between the parties.
[6]Although I note the term ‘Borobi’ has different spellings and is a recognised word in other indigenous Australian languages.
[7] Patricia O’Connor provides a map of the Yugambeh region in Exhibit POC -1.
The Opponent says most of the sporting and cultural events to be provided as part of the Games will be held on land belonging to the Yugambeh people.
Mr Aird says that in order for a word in the Yugambeh language to be used as part of a commercial activity anyone seeking to use it must have sought the approval of the Yugambeh people. In terms of the Yugambeh community cultural heritage, any decisions made in respect of this are made through an approved decision making process that was adopted by the claim group[8] in the latest Gold Coast native title claim QUD346/2006[9]. The underlying purpose of the decision-making process is to ensure an ‘open, transparent system of governance relating to the decisions that are made by the group in all matter’[10] The Opponent argues that:
The decision making process permits inclusive decision making for all members of the [Yugambeh] community. Decisions take place in family groups comprising the descendents of the Apical ancestors. To that end all family groups must be informed of and have the opportunity to participate in the decision-making process. Representatives are selected or authorised from each family group to speak for that group. Views of elders are considered and taken into account. A consensus is arrived at.[11]
[8] Members of the claim group are the biological descendants of a number of Apical ancestors see Aird 1, [29].
[9] Aird 1, [30]
[10] Opponent’s submissions, [33] referencing page 89 of the ‘Interim Connection Report’ (the Cox Report).
[11] Also Aird 1, [31].
Mr Aird says the Yugambeh people do not recognise any other form of authorisation, consultation or approval process. This, Mr Aird says, includes the consultation process engaged in by the Applicant about use of the word ‘Borobi’ in relation to the Games koala mascot. Mr Aird was invited to the Applicant’s committee meetings but he declined to attend and the Applicant was told that the committee meetings established by the Applicant were not appropriate.[12] It is Mr Aird’s contention that the Applicant’s consultation process was merely a display. In his own words, Mr Aird says:
It is clear…that the Applicant had already made the decision to use the word ‘Borobi’ as the mascot for the Games and the endorsement sought at the meeting on 1 April 2016 was merely a show for those in attendance.[13]
[12] Aird 1, [47] - [58] and exhibits WA5, WA6, WA7, WA8, WA9.
[13] Aird 1, [107e].
The Exhibits to Aird 1 contain what is described as ‘letters in support’ of the opposition to the Trade Mark and screenshots from the Applicant’s online store of different merchandise displaying the Games mascot and/or the Trade Mark.
The Applicant maintains a website[14] that heralds a story about the origin of the character ‘Borobi’. Mr Aird says that the story imitates an artificial dreamtime connection to the traditional land of the Gold Coast region.[15] Considering the particular grounds of opposition before me I think it is necessary to quote some this story of the Borobi character because it will help to show how the Applicant is using and intending to use the Trade Mark in a commercial context.
[14] Aird 1, [118].
The story, titled ‘Borobi’s Story’ begins:
‘When Borobi was born, all his koala kin huddled around, utterly mesmerized by him and his very different paws. Each one bore unusual markings that Grandpa koala, thought resembled drawings of the local people who spoke the Yugambeh language. Grandpa wondered if it could be a sign of great things to come.
The markings weren’t the only special thing about his paws. Borobi was missing the second thumb most koalas have to help them climb trees, so he spent more time on lower branches where he watched surfers ride waves. The more Borobi watched, the more he dreamed of learning to surf. Even though, koalas didn’t normally surf.
One morning, he slapped on some sunscreen and joined a ‘learn to surf’ school. In no time, he was paddling out back. He put in so much effort, his crimson nose glowed even brighter. But try as he might, every time he attempted to catch a wave, he’d tumble off his board into the cool, blue water.
Determined to learn how to surf, he walked to different Gold Coast beaches, leaving a trail of amazing paw prints. While Borobi was having lots of fun, he still hadn’t caught his first wave. After weeks of trying, he noticed a magical transformation. His grey fur had turned a vibrant blue – the colour of the water.
One day, when Borobi was out in the surf he saw the largest wave he’d ever seen rise up over the horizon. So he stared paddling as hard as he could and was soon lifted to the top of the crest. Borobi leapt to his feet, landing on the surfboard. He was up and riding the wave.
As he walked up the beach, an elder approached Borobi. He explained that he’d been following Borobi’s pawprints, which had intricate patterns that spoke of a great gathering. The circles represented a large meeting place, the dots were spectators and the lines symbolised the athletes’ journey.
Borobi was blown away by this revelation and knew that destiny was calling. It would be his duty to be the Mascot of the Gold Coast 2018 Commonwealth Games. In the lead-up to the Games, you’ll see Borobi training hard with the athletes from all around the Commonwealth…[16]
[16] See for the rest of the ‘Borobi’ story.
The mascot was designed by Ms Chern’ee Sutton, an Indigenous artist from the Kalkadoon people from the Mount Isa area in Queensland[17] and is the subject of trade mark registration No. 1762488 which is represented as follows:

[17] Couch, Exhibit TC-12.

In reference to the way the Applicant is using the Trade Mark the Opponent strongly submits that the Applicant’s conduct amounts to a misappropriation of the Yugambeh people’s intangible cultural heritage.[18]
[18] See Aird 3, [7].
The Opponent claims the information in Aird 2 is strictly confidential so I will only make some general comments about its contents. In that regard, attached to Aird 2 are the ‘letters of support’ from the members of 16 different Indigenous language groups who feel aggrieved by the Applicant’s use of the word ‘Borobi’, the lack of appropriate consultation with the Yugambeh community members[19]. Mr Aird says:
As a result of the actions by the Applicant, we lose esteem, we lose respect. In effect we become the laughing stock of Indigenous Australia because we have lost control of our culture and we have lost control of our heritage; without which we are nobody. Such conduct by the Applicant is therefore scandalous and offensive and the use of the Borobi Mark causes scandal and offense to the Yugambeh community, the broader indigenous community and the non-indigenous community’.[20]
[19] See Aird 2, Exhibit WA-1, WA-2, WA-3, WA-5, WA-6, WA-9, WA-12.
[20] Aird 1, [25].
Webster 1 includes a number of attachments which I have considered but for brevity I will say that in this declaration Mr Webster draws my attention to various published papers and documents written by many authors, for example prominent Indigenous lawyer on indigenous rights, Terri Janke, and bodies including the World International Property Office. Webster also refers me to International declarations and in relation to article 31 of the United Nations Declaration on the Rights of Indigenous Peoples Mr Webster says:
‘I draw particular reference to Article 31 of the United Nations Declaration which provides as follows:
"1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, traditional cultural expressions.
2. In conjunction with Indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights’[21]
[21] Article 3 of United Nations General Assembly, United Nations Declaration on the Rights of Indigenous Peoples, United Nations Document, Human Rights Council, A/HRC/1/1/3 29 June 2006.
Webster 2 contains more ‘letters of support’ written by another three Indigenous Australians.
The Opponent’s evidence in reply serves to address statements made in the Applicant’s evidence in answer and for the most part Mr Aird claims that the Applicant’s conduct amounts to cultural appropriation of indigenous intangible cultural heritage in Australia which he says causes significant scandal and offense within indigenous communities and this is why he claims there has been both a legislative and political movement towards resolving these issues[22] . Mr Aird also attacks the credibility of the Applicant’s evidence. He says:
‘I have serious concerns as to the credibility of the evidence that has been presented by the Applicant and it is my very firm belief that these declarations are unreliable and if anything are evidence of the Applicant’s continued acts of bad faith with respect to the trade mark application, the Opponent and the broader indigenous communities of Australia. For example, the Applicant relies on statements made with respect to the Decision Making Process which are completely inconsistent with documented historical records.[23]
[22] Aird 3, [7].
[23] Aird 3, [8].
Mr Aird continues:
The Applicant has:
(a) failed to respectfully and meaningfully engage with the Yugambeh and broader indigenous communities and has marginalised these communities by ignoring anthropological decision making processes whilst choosing to adopt advisory committees that are self-serving and inappropriate. Further, the Applicant has sought to justify its decision to commercialise the Borobi Mark and its use as the mascot for the Gold Coast 2018 Commonwealth Games (GC2018) by providing a timeline of consultation with the YEAG and IWG that is completely devoid of detail, particulars or documentary evidence;
(b) failed to understand that the issues considered by this trade mark opposition are far broader then a determination of whether it is offensive to call a blue caricature with faux indigenous markings 'Borobi'. This opposition concerns the appropriation of significant cultural heritage, the use and attempted registration of a commercial right afforded under the Trade Marks Act1995 (Cth) (the Act) and the mass commercialisation and exploitation of a culture without correct and meaningful engagement with the Yugambeh and broader indigenous communities of Australia; and
(c) failed to grapple with the message clearly outlined in Evidence in Support, through using vague and ambiguous details and buzz phrases. The Applicant and those related parties of the Applicant that have provided declarations in the Evidence in Answer, have attempted to paint a picture of the Opponent as being an outlier of the Yugambeh community and overextending its authority when quite the opposite is true.
The Applicant's evidence solely relies on a handful of conversations with an insignificant number of handpicked members on the fringe of the Yugambeh community who were self-appointed with no cultural authority to make the decisions they have on behalf of the Yugambeh and broader indigenous communities concerning the appropriation and use of Yugambeh and indigenous culture for GC2018.
The Applicant's evidence states that it has always been the key priority of the Applicant to ensure the respectful and meaningful engagement of Aboriginal and Torres Strait Islander people through GC2018, yet is unable to produce a document trail or provide a clear and succinct timeline of events leading up to a decision which has resulted in the Applicant spending millions of tax payers' dollars on the commercialisation of the word. The Applicant throws around buzz phrases to justify the appropriation, use and commercialisation of the Borobi Mark which demonstrates a limited understanding as to the way indigenous cultures of Australia interact and contemplate the use of its cultural heritage. Mr Couch and Mr Peters disingenuously use buzz phrases such as delivering "tangible benefits" and ensuring real "outcomes" for the "Aboriginal and Torres Strait Islander" communities. If they knew anything at all about Aboriginal culture they would know that a limited number of people simply cannot enter into an agreement for commercialisation or gift a language without the express authorisation and consent of that community.
The six (6) indigenous people that have provided declarations comprising part of the Evidence in Answer have benefitted immensely through their loyalty to the Applicant but have completely ignored their obligations to their own community and none of them have the right to bind the rest of the community in a commercial deal of this magnitude.
I quote paragraph 6 of the Rory O'Connor Declaration, that:
" ... without the RAP I do not think that there would have been such a large commitment by GOLDOC for two Yugambeh Community Elders to travel to London for the Queens Baton Relay and put our culture on display to the rest of the world. These sort of outcomes enhance people's understanding of our culture and language, and shows Aboriginal people that they should be proud of their heritage".[24]
[24] Aird 3 , [10] – [14].

The Applicant’s Evidence

Mr Peters claims that one of the Applicant’s key priorities was to respectfully and meaningfully engage with Aboriginal and Torres Strait Islander people on the Gold Coast and surrounding areas and engage in consultation about many aspects of the Games including the mascot ‘Borobi’. He says this began in 2012 and in early 2015 the Applicant established two advisory committees, the Yugambeh Elders Advisory Group (‘YEAG’) and the Indigenous Working Group (‘IWG’) who comprise of recognised Community Elders, Traditional Custodians and Aboriginal and Torres Strait Islander people[25] who provide advice and support to the Applicant regarding many aspects of the Games not just the application for the trade mark. The committees confer with other Community Elders, Traditional Custodians, Aboriginal community leaders and representatives of Aboriginal and Torres Strait Islander service providers.[26] Many of the members of YEAG and IWG have received awards and accolades in recognition of their contributions to Aboriginal communities on the Gold Coast and surrounding areas.
[25] Patricia O’Connor, [22] – [25], Graham, [20] – [21], Ted Williams, [10] – [13], Summers, [14] – [15], Craig Williams, [16] and Rory O’Connor, [17].
[26] O’Connor,[20]; Graham,[17]; Summers,[13] Williams,[16].
The Applicant conferred with the Department of Aboriginal and Torres Strait Islander Partnership which recommended that the Opponent also be invited to participate in the committees, along with other Community Elders, Traditional Custodians and Aboriginal community leaders.[27]
[27] See Peters, [19] and Exhibit MP-1, Couch, [18] and Mucci, [12].
Elder Patricia O’Connor is a Kombumerri woman and she says that to her knowledge she is the most senior Community Elder of the Yugambeh Language people and a traditional custodian.[28]Ms O’Connor says:
I am a biological descendant of Bilin Bilin (lackey Jackey), Drumley and Nellie Jackey and by the Opponent's own definition a member of the 'claim group'. I have not personally charged the Opponent to oppose the Trade Mark Application, nor does the Opponent speak on my behalf or act as my authorised spokesperson. I was not aware the Opponent was opposing the Trade Mark Application until last year when I was notified of such by GOLDOC [the Applicant], and I did not give my permission or consent for the Opponent to file its opposition on behalf of me or my community.
As the most senior Community Elder of the Yugambeh Language People, a Traditional Custodian, Kombumerri woman, and member of the 'claim group' I fully support the Trade Mark Application. I am not offended, shocked, disgraced, outraged or scandalised about GOLDOC's use of the Aboriginal word 'borobi', which is a common linguistic Yugambeh word for koala. I consider this a respectful celebration of our culture and language and I am very happy and proud of the Commonwealth Games mascot Borobi.
The Opponent states that the 'claim group' approved a decision making process whereby any and all decisions about Yugambeh culture, country and language are made at meetings which are attended by representatives from each of the family groups which make up the 'claim group'. Further, that consensus amongst these 'claim group' representatives results in decisions which bind every single Yugambeh person, including Community Elders. As such, the Opponent states that Yugambeh people, including Community Elders, are never entitled to speak on behalf of their own community unless permitted to do so through the decision making process.
That is simply not true and is nonsensical from a cultural and practical perspective. The decision making process postulated by the Opponent has not, and is not, how we make decisions in our community about our culture and language, and it would be inappropriate from a cultural perspective to prohibit respected Community Elders from speaking on behalf of their own community.
The Opponent states claims that he speaks on behalf of the 'claim group' and that the 'claim group' is using a decision making process to make decisions about my culture, country and language. However, the Opponent does not provide any identifying information about the Yugambeh people who make up the 'claim group' (of which I would be one), or the representatives from each family in the 'claim group' who reportedly meet and make decisions about my culture, country and language, including the decision to oppose the Trade Mark Application.
…
Mr Wesley Aird (the sole director of the Opponent), was appointed by the Yugambeh Language People to assist and manage a Native Title Claim through the Federal Court proceedings. To the extent that any decision making process was agreed to by the 'claim group' or the Yugambeh Language People, it was solely for decisions about the Native Title Claim, which was ultimately unsuccessful. While Mr Aird was able to register the Opponent as the Aboriginal cultural heritage body for the Gold Coast area, it does not make the Opponent the sole arbiter of my culture or language, nor does it derogate from my standing as a senior Community Elder of the Yugambeh Language Group and my ability to speak on behalf of my community.[29]
[28] Patricia O’Connor, [1].
[29] Patricia O’Connor, [8] - [14]
Ms O’Connor became involved with the Applicant in early 2015 and she says she advised Mr Mucci as the Indigenous Relationships Manager for the Applicant that the Applicant should set up advisory committees made up of ‘Community Elders, Traditional Custodians and other Aboriginal people who are actively involved in and connected to their communities’[30]. These committees became known as the abovementioned IWG and YEAG.
[30] Ibid, [20].
The Applicant’s evidence claims that consultation with the IWG and YEAG has occurred by way of informal discussions and formal meetings between the Applicant and members of the IWG and YEAG, and also between Traditional Custodians and Community Elders. These meetings and discussions were confidential. Mr Peters also states that on 29 June 2015 the Applicant began a public competition to design the Games mascot. The competition closed on 27 July 2015, and a mascot judging panel was convened which comprised of 15 people, including Yugambeh Traditional Custodian Mr Stephen Page.[31]
[31] Peters, [39].
Between August 2015 and October 2015 Mr Couch (Manager of Executive Operations of the Applicant) and Mr Mucci say that the Applicant consulted with the IWG and YEAG about the proposed Games mascot and the use of an Aboriginal word as the name of the mascot. On 26 October 2015 the Applicant decided that the mascot for the games would be a koala - the winning design of the public competition. [32]
[32] Couch, [33] – [34]; Mucci, [13] – [15].
During October and November 2015 the Applicant continued consulting with the IWG and YEAG regarding use of Aboriginal language in association with the mascot. The Applicant submits that the IWG and YEAG members fully endorsed and supported the use of the word ‘Borobi’ as the name for the mascot.[33]
[33] See Mucci, [18] – [20]; Patricia O’Connor, [19]; Graham, [27]; Summers, [21] – [22]; Williams, [22] – [23]; Rory O’Connor, [26] – [27].
On 30 October 2015 the Applicant applied to protect its choice of Aboriginal word by applying for domain names including ‘borobi.com.au’ and ‘borobi.net.au’ in the name of Alpha Prissma Pty Ltd. The Applicant explained at the oral hearing this company was used to maintain the confidentially of the Applicant’s choice of mascot name and any association with the Games. On 13 November 2015 the Applicant determines that the Games mascot will be called ‘Borobi’. This is a discrepancy in the Applicant’s evidence as the domain name applications were lodged nearly two weeks earlier than the determination that ‘Borobi’ would be the name for the mascot but there is not sufficient information before me regarding whether other applications for domain names in respect of other Aboriginal language words also under consideration were filed. I am satisfied, however, that the Applicant was covering its bases in case the confidential discussions about the mascot and its name were leaked prior to the final decision to name the mascot ‘Borobi’.
On 18 November 2015 the Applicant filed a trade mark application in Tonga for the word ‘Borobi’ and on 2 April 2016 the Applicant filed the Australian application for the Trade Mark. On 4 April 2016 the Applicant launched the Games mascot to the public – a koala character named ‘Borobi’.

The Arguments of the Parties

The Opponent’s points of argument can be broadly summarised as:
The Applicant failed to observe the decision making process of the claim group to be followed within the Yugambeh community which has been endorsed by the Yugambeh Language Group People.
There is no evidence to the effect that the any member of the Yugambeh community or any relevant Aboriginal community was consulted in respect of any of the goods and services subject of the application and which the ‘Borobi’ trade mark could be applied or used in relation to.
Use of a word belonging to an Aboriginal language without proper consultation is a misappropriation of Aboriginal intangible cultural heritage.
The two committees formed by the Applicant engaged with people from outside the Gold Coast traditional owner community who should not have a say.
The Applicant’s consultation process was a show.
The Registrar ought to take account of international obligations regarding disposition of indigenous language.
The consultation process was so confidential most Australians didn’t know about the choice of the ‘Borobi’ name until it was announced on 2 April 2016.
Many of the goods and services specified in the application bear no obvious connection to the ‘Borobi’ koala mascot or the Games.
The Applicant’s main points of argument can be broadly summarised as:
Applicants to trade mark applications are not required to consult. The Applicant consulted because it recognised the sensitivity of the issue not because it was legally obliged to do so.
The word ‘Borobi’ is already a ‘protected reference’ under the Games Act.
If a claim group and a decision making process that is purported by the Opponent did exist it was limited to the native title claim and ended once that native title claim was unsuccessful.
It is not within the scope of the Registrar’s authority to interpret that the Aboriginal Cultural Heritage Act 2003 (Qld) affords legislative protections for intangible cultural heritage such as language when it does not. In any case the functions of a registered Cultural Heritage Body should not be expanded to make it responsible to ensure any cultural heritage used buy a corporation is used appropriately and for the community benefit and this is a power residing with the Queensland State Parliament.
None of the Opponents letters from those purporting to be aggrieved by the Applicant’s conduct confirm there was a meeting of the claim group where the ‘decision making process’ was applied to decide to oppose the Trade Mark application.
There are over 170 Aboriginal words which are registered Australian trade marks and the Registrar should not seek to set a new standard that registration of non-English words is scandalous.

Discussion and Reasons

Section 42

Section 42 of the Act is reproduced below:
42 Trade mark scandalous or its use contrary to law
An application for the registration of a trade mark must be rejected if:
(a) the trade mark contains or consists of scandalous matter; or
(b) its use would be contrary to law.
As the evidence clearly suggests the Opponent pressed this ground of opposition on the basis that the Trade Mark contains or consists of scandalous matter (s 42(a)) and that the use of the Trade Mark would be contrary to law (s 42(b)).

Section 42(a)

In terms of s 42(a) ‘scandalous’ is not defined in the Act. The Macquarie Dictionary defines scandalous as ‘disgraceful to reputation; shameful or shocking’[34]. This is the ordinary meaning of the word but what matter will constitute a scandalous trademark is subjective, and there is no guidance from the legislation. For this reason I need to also rely on case law for guidance on what could be considered scandalous material.
[34] 4^th Edition.
To be scandalous the Trade Mark must cause a degree of disgrace, shock or outrage to the ordinary person[35] that goes beyond offence or the effect of a word that tends toward scandalous but is really just in bad taste.[36] It is also not enough for the Registrar to apprehend such a situation. It will depend on the context of the alleged scandal.[37]
[35] Trade Mark Application No. 106321 by Eric Granville Mercy (1955) 25 AOJP 938.
[36] Cosmetic, Toiletry and Fragrance Association Foundation v Fanni Barns Ltd (2003) 57 IPR 590.
[37] Peter Hanlon [2011] ATMO 45
The Opponent’s evidence concerns the disgrace and outrage described in the ‘letters of support’ provided by members of indigenous communities. The Opponent also submits that it is the Applicant’s failure to consult using the proper decision making policy of the claim group and its use of the Trade Mark in relation to such a broad range of goods and services that is exploitation of the Yugambeh people’s intangible cultural heritage. It also asks me determine whether the Trade Mark is scandalous in the context of international obligations mentioned in Webster 1.
Contrasting this is the Applicant’s evidence that other indigenous persons being respected Yugambeh Community Elders, Traditional Custodians and Aboriginal community leaders from the Yugambeh Language People and surrounding indigenous communities do not feel outraged, offended or scandalised by the Trade Mark.[38] In the SGP the Opponent said ‘Yugambeh culture, its lore and customs, are collectively held and maintained by the Yugambeh community through the Claim Group and the Decision Making Process; not the individuals who currently sit on these advisory committees’. This is in stark contrast to the information in the declarations of Patricia O’Connor, Mary Graham, Ted Williams, Aunty Joyce Summers, Craig Williams and Rory O’Connor who are all Yugambeh Community Elders or Traditional Custodians or Bunjalung Community Elders and have expressed how proud they are that the 2018 Commonwealth Games Mascot is named ‘Borobi’.
[38] See the declarations of Patricia O’Connor; Graham, Ted Williams, Summers, Craig Williams, Rory O’Connor.
I realise that this is a very sensitive issue but it seems to me that even though it was not required to do so the Applicant did seek consultation with Yugambeh people about the adoption and use of their word ‘Borobi’ as the name for the Games mascot in a respectful and inclusive manner albeit not in a way the Opponent recognises. In fact, it is likely that it was Patricia O’Connor (as she suggests in her declaration) who provided the Applicant with the ‘Borobi’ name.
The Trade Mark can be distinguished from other Aboriginal words that may contain some kind of religious meaning or connotation or those consisting of, or comprising racial slurs or epithets, or those which consist or comprise of a profanity[39]. Here the Trade Mark is a Yugambeh word for ‘Koala’. In and of itself, it is difficult to see how such a word used as a trade mark in relation to the Applicant’s goods and services would be likely to offend or scandalise in the way contemplated under the Act. There are many Aboriginal words that are trade marks, in fact somewhere in the vicinity of 170, and which appear on the Register of Trade Marks. Many other trade marks consist or comprise of words in a language other than English.
[39] Kuntstreetwear Pty Ltd’s Trade Mark Application (2007) 73 IPR 438.
That said, I agree with the Opponent that the ‘Borobi’ character story amounts to a faux dreamtime story and I suspect this was the intention of the author who is not disclosed on the Applicant’s website but this in itself cannot alter my finding under this ground of opposition. Accordingly, I am not satisfied that the Trade Mark which consists of an Indigenous word from the Yugambeh language that in English means ‘Koala’ is in any way shameful, offensive or shocking like other scandalous trade marks.[40]
[40] See Kuntstreetwear Pty Ltd’s Trade Mark Application (2007) 73 IPR 438.
Accordingly, the s 42(a) ground is not established.

Section 42(b)

In terms of s 42(b) the onus is on the Opponent to establish that use of the Trade Mark by the Applicant would be, rather than could be, contrary to law on the balance of probabilities.[41] The relevant time for assessing whether an application is contrary to law is at the relevant date but ‘looking forward to prospective conduct after registration’.[42]
[41] Advantage Rent-a-Car Inc v Advantage Car Rental Pty Ltd [2001] FCA 683.
[42] Time Warner Entertainment Co LP v Stepsam Investments Pty Ltd [2004] 59 IPR 343, 353.
The Opponent submits that the use of the Trade Mark by the Applicant would constitute: (a) conduct in breach of section 29(1)(h) of the Australian Consumer Law (‘ACL’) contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth); and (b) an act contrary to s 18C of the Racial Discrimination Act1975 (Cth) (‘Discrimination Act’).
In more detail, the Opponent continues that: ‘Use of the Trade Mark by the Applicant would also convey false and misleading representations to the public that: (a) the supply or possible supply of the Applicant’s goods and services have been approved by the Yugambeh people as the traditional owners and custodians for the Gold Coast Region and the Yugambeh language; (b) the Applicant is associated with, affiliated with the Yugambeh people as the traditional owners and custodians of the Gold Coast Region and the Yugambeh language.
For its part, it seems to me that the Applicant had already paved the way for the Trade Mark before making the application. It submits:
‘the word ‘Borobi’ is a protected word under the Games Act. As a protected word, only the applicant, the Australian Commonwealth Games Association and the Commonwealth Games Federation (and those persons and entities they authorize) are legally entitled to use the word for any purposes otherwise prohibited by the Games Act…As the Applicant is specifically authorised by the Games Act to use the word ‘Borobi’ for commercial purposes, its use by the Applicant cannot be contrary to law and the opponent’s ground of opposition under section 42(b) of the Trade Marks Act must fail.’[43]
[43] See Applicant’s written submissions, [58] – [59]; Commonwealth Games Arrangements Act 2011 (QLD), Schedule 4; Commonwealth Games Arrangements Regulation 2013 (Qld), Schedule 4.
In terms of s 29(1)(h) of the ACL I am empathetic with the Opponent’s position and the sensitivity of this matter, however, this area of law is clear that the filing of a trade mark application does not require consultation with any party. To the extent that the Applicant has made representations those representations can only be that the Applicant formed two committees which consisted of Indigenous Australians who it consulted with in relation to the Games and to naming the Games mascot ‘Borobi’. I am satisfied that those representations are neither misleading as to sponsorship, affiliation or approval, and given that they are not contrary to s 29(1)(h) of the ACL. Looking forward to the Applicant’s prospective conduct after registration of the Trade mark I think it is likely, given the Applicant has demonstrated that it recognises the sensitivity of this matter shown by its engagement with Yugambeh Elders and Traditional Custodians in the IWG and YEAG and other Yugambeh community members that its future use of the Trade Mark is likely to be consistent with the conduct already shown to date.
In terms of s 18C of the Discrimination Act the Opponent says that the Applicant’s use of the Yugambeh language is contrary to s 18C because a) the Act of Discrimination is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate the Yugambeh community; b) the Act of Discrimination is done because the Yugambeh community are the traditional owners of the Yugambeh language.

Section 18C of the Discrimination Act relevantly provides:
18C Offensive behaviour because of race, colour or national or ethnic origin
(1) It is unlawful for a person to do an act, otherwise than in private, if:
(a) the act is reasonably likely, in all the circumstances, to offend,   insult, humiliate or intimidate another person or a group of people;   and
(b) the act is done because of the race, colour or national or ethnic   origin of the other person or of some or all of the people in the   group.
(2) For the purposes of subsection (1), an act is taken not to be done in   private if it:
(a) causes words, sounds, images or writing to be communicated to                    the public; or
(b) is done in a public place; or
(c) is done in the sight or hearing of people who are in a public                 place.
(3) In this section:
public place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

For the reasons given under s42(a), I do not find that the use of the Trade Mark would be likely to offend, insult, humiliate or intimidate another person or a group of people.
In case I am wrong the second requirement of s 18D of the Discrimination Act provides an exemption to a finding under s 18C that is, ‘section 18C does not render unlawful anything said or done reasonably and in good faith’.[44] Bad faith is a serious allegation[45] and must be supported by cogent evidence that is not presently before me.
[44] Racial Discrimination Act 1975 (Cth) s 18D.
[45] Fry Consulting Pty Ltd v Sports Warehouse Inc (No 2) [2012] FCA 81, [24]-[26].
Indeed, the Applicant’ evidence seems to indicate that the members of YEAG and IWG are proud that indigenous language is being used to promote the Games. Therefore I cannot say that the Applicant did not act reasonably and in good faith.
In view of what I have already said I do not consider there to be any actionable misrepresentation or act caused by the use of the Trade Mark which would enliven either the provisions of the ACL or constitute an offense under the Discrimination Act.
The Opponent has not established its opposition to registration under either of the provisions under ss 42(a) or 42(b) of the Act.

Section 43

Section 43 of the Act is reproduced below:
43 Trade mark likely to deceive or cause confusion
An application for the registration of a trade mark in respect of particular goods or services must be rejected if, because of some connotation that the trade mark or a sign contained in the trade mark has, the use of the trade mark in relation to those goods or services would be likely to deceive or cause confusion.
For the Opponent to establish a ground of opposition under s 43 of the Act there must be an inherent connotation present within the Trade Mark. As Gyles J in Pfizer Products Inc v Karam (‘Pfizer’) commented:
‘Connotation’ is a secondary meaning implied by the mark. The likelihood of deception or confusion must flow from the secondary meaning inherent in the mark itself. It is apparent that the underlying purpose of s 43 is a similar purpose to that lying behind ss 52, 53 and 55 of the Trade Practices Act 1974 (Cth). It is to prevent the public being deceived or confused as to the nature of the goods offered by reason of a secondary meaning connoted by the mark in question... [46]
[46] [2006] FCA 1663; (2006) 70 IPR 599, [53].
In Winton Shire Council v Lomas Spender J said:
Section 43 is directed to the mark itself. It is not concerned with any deception or confusion caused by the reputation in Australia of some other trade mark. That aspect of the matter is dealt with under s 60. [47]
[47] [2002] FCA 288; (2002) 119 FCR 416; (2002) 56 IPR 72, [19].
The Opponent has argued the ground of opposition as follows:
(a) 'Borobi' is taken from the Yugambeh language which when translated means 'koala'.
(b) The Borobi Mark is currently being used in connection with the promotion of the various aspects of the Games. As is evidenced from the lengthy class descriptions outlined in Schedule 1, it is the Applicant's intention to monetize, exploit and commercialise the word belonging to the Yugambeh people.
(c) When an ordinary consumer views the Applied-For Mark, there is a real likelihood that that consumer will expect that the goods and services offered will have a connection with the traditional owners of the language that it has utilised, being the Yugambeh language.
(d) As such, the use of the trade mark creates a connotation that the traditional owners of the Gold Coast Region, being the Yugambeh people, have somewhat endorsed, approved or provided a license for the use of their language in the promotion of the Games and its associated proposed commercial and cultural activities.[48]
[48] From the SGP.
As can be seen in the case law referred to above the requisite confusion or deception must arise from a connotation within the Trade Mark itself. How the Trade Mark is used such as in the character Borobi’s story or on the Games merchandise is not relevant to determining the connotation and this must be determined first under this ground.[49]That said it appears to me that the Opponent relies on the connotation that the Trade Mark is likely to cause deception and confusion because it implies a sponsorship or association which does not exist.
[49] Primary Healthcare Limited v Commonwealth of Australia (2017) FCAFC 174 at 399.
It is an undisputed fact that the Trade Mark is a word belonging to the Yugambeh language and means ‘koala’ in English but the Opponent has not provided sufficient evidence that the registration of the Trade Mark would be likely to cause deception or confusion. As I have previously mentioned, the Trade Marks Register contains many registered trade marks that contain or consist of Indigenous words such as WIRRA WIRRA (trade mark no. 268980), TARWEENA (trade mark no. 324619), TANGARA (trade mark no. 418944), TILTILI (trade mark no. 1061543) and OOMOO (trade mark no. 1099230). On the face of it, it does not look like these trade marks were thought to cause deception or confusion.
I find that the Trade Mark does not create a connotation that the traditional owners of the Gold Coast Region, being the Yugambeh people, have somewhat endorsed, approved or provided a license for the use of their language in the promotion of the Games and its associated proposed commercial and cultural activities. However, in case I am wrong in this and such a connotation may possibly exist in the minds of the relevant consumers, deception or confusion is not the likely result as I have before me evidence from the Applicant pointing to a form of endorsement[50] from the representatives of the Yugambeh people (see above).
[50] Although I also note that the evidence before me shows there is some ambiguity about who in the Yugambeh community may endorse the use of a Yugambeh language word.
As a consequence, I am satisfied that if the Trade Mark is used in relation to the Applicant’s goods and services there is no apparent connotation within it which is likely to result in deception or confusion.
The Opponent has not established the ground for opposition under s 43.

Decision

The Opponent has failed to establish any of the grounds of opposition it nominated in the SGP. Trade Mark application no. 1762487 may proceed to registration not less than one month from the date of this decision. If the Registrar has been served with a notice of appeal before that time, I direct that registration shall not occur until the appeal has been discontinued, or in the event of a decision from the court, that the application be subject to that order.

Costs

The Applicant has sought an award of costs in its favour. I see no reason to depart from the general rule that costs follow the event. I accordingly award costs against the Opponent as per Schedule 8 of the Trade Mark Regulations 1995.

Cristy Condon
Hearing Officer
Trade Marks Oppositions and Hearings
14 December 2017

Annexure A – a) List of the Trade Mark’s specification for goods and services

Class 9:

Computer software; computer hardware; pre-recorded film, CDs, DVDs, compact cassette tapes, laser discs, sound and images in digitised form; magnetic data carriers; recording discs; film and audio recordings; video recordings; semi-conductor devices containing recorded sound and/or video and/or images; other medium for recording data; video and games software; software and programs for computer, video and arcade games; multimedia apparatus and instruments; electronic publications; data recorded electronically from the Internet; magazines downloaded via the Internet; newspapers downloaded via the Internet; publications downloaded in electronic form from the Internet; downloadable webcasts; holograms; databases (electronic publications); electronic publications (downloadable); electronic notice boards; electronic bulletin board apparatus; 3D spectacles; Banking cards (encoded or magnetic); Binoculars; Downloadable podcasts; Downloadable ring tones for mobile phones; Downloadable software applications (apps); Eyewear; Goggles used in sports; Headphones; Mobile phone cases; Mobile phone covers; Mobile phone straps; Pedometers; glasses cases; glasses for optical use; sunglass cases; sunglasses; protective eye wear for sports; protective helmets for sports; sports goggles; sports helmets

Class 14:

Precious metals and their alloys; jewellery, including jewellery featuring emblems; medals, medallions; badges; coins, including commemorative coins; ornamental pins, collectors' pins, tourist pins, tie pins and tie clips; cufflinks; key rings; ornaments of precious metal; figurines; figural products; watches; clocks; chains, wrist bands and bracelets; jewellery; cufflinks; presentation cases adapted for all the aforesaid goods; key rings with charms attached; key rings with fobs or trinkets attached; souvenir buttons (novelty) for wear, made of precious metal; commemorative coins; trophies coated with precious metal allows; trophies coated with precious metals, trophies made of precious metal alloys; trophies made of precious metals

Class 16:

Printed matter; paper, cardboard; bookbinding material; photographs; stationery; instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printed publications; books; souvenir booklets; magazines and publications; newspapers and periodicals; manuals; programmes; posters and banners; calendars and diaries; programs; pens and pencils; tickets; cards; decalcomanias; stickers; transfers; packaging material; albums being articles of stationery; Beer mats; Bookmarkers; Framed pictures; Framed posters; Framed prints; Information supports (cards, not encoded or magnetic) bearing personal identification data; Newsletters; Philatelic materials; Philatelic products; Philatelic sheets and carriers; postage stamps; emblems and flags made of paper; postcards; tickets; trading cards (printed matter)

Class 24:

Flags (not of paper); pennants (flags), other than of paper; labels (cloth);

Class 25:

Clothing, footwear, headgear; t-shirts; polo shirts; hats; caps (headwear); sports uniforms (other than golf gloves or helmets); uniforms; uniforms for athletes; clothing for sports; footwear for sport; sporting footwear; sports caps; sports clothing (other than golf gloves); sports garments (other than golf gloves); sports headgear (other than helmets); sportswear; athletic clothing; athletics footwear; athletics wear

Class 26:

Novelty badges (for wear); novelty buttons (badges) for wear; ornamental novelty badges (buttons); souvenir badges (novelty) for wear, not of precious metal; buckles (clothing accessories); decorative bands; decorative brooches (clothing accessories); decorative pins for wear (other than jewellery); decorative ribbons; decorative tapes

Class 28:

Sporting articles not included in other classes; games and playthings; electronic amusement apparatus

Class 35:

Advertising; business management; business administration; accounting; office functions; retail services; promotional advertising and marketing services; event management services for commercial or advertising purposes; marketing; market research; online advertising on a computer network; online promotion on a computer network; organisation and promotion of exhibitions for commercial or advertising purposes; organisation of trade expositions, fairs or shows for commercial or advertising purposes; production of video recordings for advertising purposes; production of video recordings for marketing purposes; production of video recordings for publicity purposes; production of sound recordings for publicity purposes; providing information, including online, about advertising, business management and administration; office functions; sponsorship (promotion and marketing services); public relations; publicity; sponsorship (promotion and marketing services); sponsorship search; electronic publication of publicity texts; organising of business competitions; organising of prize draws for advertising and promotional purposes; organising of trade competitions; tourism promotions (for others); promotion (advertising) of travel; organisation and management of incentive programmes; commercial administration of the licensing of the goods and services of others; Internet advertising services, dissemination of advertising, billboard leasing services, advertising space rental services, outdoor advertising services, TV advertising services, promotion agency services; marketing research services, public opinion polling services; database compilation and management; athletic record and statistical information services; distribution of goods (not being transport services); distribution of advertising material; information, advisory and consultancy services in relation to all the foregoing services; compilation of directories for publishing on the Internet; Conducting of trade shows; Direct marketing; Rental of advertising space on the internet

Class 36:

Financing, banking and insurance services all being provided in association with sporting events including credit card services, issuance of credit cards, traveller's cheque services, credit and loan services, financial sponsorship of sporting events and exhibitions; real estate affairs; rental of accommodation and office space; information advisory and consultancy services provided in relation to the aforesaid

Class 38:

Telecommunication and communication services by any means, including broadcasting services by radio, television, cable, satellite and Internet; information services relating to broadcasting; news broadcasting; news agencies; electronic mail; transmission of data; electronic communication services; transmission of information, including online and over a global computer network; providing user access to a global computer network and online sites; providing access to online computer databases; web portal services (providing user access to a global computer network); webcasting (broadcasting over a global computer network); webcasting services; communication services for the transmission of information; communication services for the transmission of information by electronic means; providing access to databases; computer bulletin boards; electronic bulletin board services (telecommunications services); transmission of messages and images via computer; telecommunication of information (including web pages), computer programs and any other data; electronic mail services; providing telecommunications connections to the Internet or databases; providing access to web sites on the Internet; simultaneous broadcasting of films and of video and sounds

Class 39:

Travel services; travel arrangement; provision of information relating to tourism; provision of information relating to travel; provision of tourist travel information; arranging of tours; tour organising; tour reservation services; tourist guide services; tourist travel reservation services; advisory services relating to transportation; advisory services relating to travel; computerised distribution advisory services relating to transport; computerised reservation services for travel; computerised transport information services; consultancy for travel; information services relating to transportation; information services relating to travel; provision of tourist travel information; provision of travel information; services for the arranging of tours; services for the arranging of transportation; services for the arranging of travel; travel advisory services; travel consultancy; travel guide services; travel information services; travel reservation; travel ticket reservation services; providing information, including online, about transport; transport information services; transportation information

Class 41:

Education; providing of training; entertainment; sporting and cultural activities, including organising and promoting sports events and competitions; provision of sporting and recreational facilities; provision of recreational facilities; social club services (entertainment, sporting and cultural services); entertainment including sport and stadium entertainment; organisation of functions and entertainment; hosting and organising sport award functions; provision of sporting competitions; provision of sporting events; reservation services for sporting tickets; sports consultancy; sports education services; sports information services; sporting results services; sports instruction services; ticket agency services (sporting); provision of information about sports; sports education services; sports instruction services; radio and television coverage of sporting events; radio and television program and video tapes production services; production of sports events for radio, film and television; provision of information about sports, including on-line and over a global computer network or via some other communications network; electronic publication of information on sporting activities, including via a website; production of television programs, videos or other objects which record, transmit or reproduce information and images of sporting, cultural or entertainment events; weblog (blog) services (online publication of journals or diaries); sporting activities; sporting information; entertainment; sporting and cultural activities, including organising and promoting sports events and competitions; provision of sporting and recreational facilities; provision of recreational facilities; social club services (entertainment, sporting and cultural services); entertainment including sport and stadium entertainment; organisation of functions and entertainment; hosting and organising sport award functions; provision of sporting competitions; provision of sporting events; reservation services for sporting tickets; sports consultancy; sports information services; sporting results services; ticket agency services (sporting); provision of information about sports; provision of information about sports, including on-line and over a global computer network or via some other communications network; sporting activities; sporting information; Betting services; Betting information services; Gambling services; Operating lotteries

Class 42:

Scientific and technological services and research and design relating thereto; design and development of computer hardware and software; maintaining and creating websites for others; computer networks services; creating indexes of online information; creating indexes of online websites and information sources; electronic storage and retrieval of documents and data via computer network and global telecommunications networks; provision of links to other websites; computer services; information advisory and consultancy services provided in relation to the aforesaid

Class 43:

Booking of accommodation; information advisory and consultancy services provided in relation to the aforesaid; accommodation finding services for tourists; arrangement of accommodation for tourists; provision of tourist accommodation; reservation of tourist accommodation; accommodation finding services for travellers; arrangement of accommodation for travellers; reservation of accommodation for travellers; holiday information (accommodation); holiday planning (accommodation); provision of information relating to restaurants; provision of information relating to the availability of accommodation; provision of information relating to the booking of accommodation; restaurant reservation services; restaurant services; restaurant services for the provision of fast food; restaurants; food and drink catering; hospitality services (food and drink); providing food and drink; takeaway food and drink services; cafes; cafeterias; bar services; inn keeping (bar, restaurant and accommodation); snack bars; club services for the provision of food and drink; providing information, including online, about services for providing food and drink, and temporary accommodation; accommodation reservation services; preparation of food and drink; preparation of food and drink; Agency services for booking hotel accommodation; Agency services for booking temporary accommodation; Agency services for the reservation of accommodation; Arrangement of accommodation for holiday makers; Arranging holiday accommodation; Arranging hotel accommodation; Arranging hotel reservations; Arranging of temporary accommodation; Arranging temporary lodgings; Business catering services; Holiday home services (accommodation); Holiday information (accommodation); Hotel accommodation reservation services; Letting of holiday accommodation; Letting of tourist accommodation; Lodging house services; Mobile catering services; Provision of information relating to the availability of accommodation; Provision of information relating to the booking of accommodation; Reservation of accommodation for travellers; Reservation of accommodation in hotels; Reservation of hotel accommodation; Reservation of temporary accommodation; Reservation of tourist accommodation; Tourist agency services (provision of temporary accommodation); Tourist agency services for booking accommodation; Travel agencies for arranging accommodation; Travel agency services for booking accommodation; Travel agency services for making hotel reservations; Travel agency services for reserving accommodation; Travel agency services for reserving hotel accommodation

Annexure A - b) Endorsements:

Convention priority claimed: 18 December 2015, Tonga, No. TO/M/16/03193 in respect of COMPUTER SOFTWARE; COMPUTER HARDWARE; PRE-RECORDED FILM, CDS, DVDS, COMPACT CASSETTE TAPES, LASER DISCS, SOUND AND IMAGES IN DIGITISED FORM; MAGNETIC DATA CARRIERS; RECORDING DISCS; FILM AND AUDIO RECORDINGS; VIDEO RECORDINGS; SEMI-CONDUCTOR DEVICES CONTAINING RECORDED SOUND AND/OR VIDEO AND/OR IMAGES; OTHER MEDIUM FOR RECORDING DATA; VIDEO AND GAMES SOFTWARE; SOFTWARE AND PROGRAMS FOR COMPUTER, VIDEO AND ARCADE GAMES; MULTIMEDIA APPARATUS AND INSTRUMENTS; ELECTRONIC PUBLICATIONS; DATA RECORDED ELECTRONICALLY FROM THE INTERNET; MAGAZINES DOWNLOADED VIA THE INTERNET; NEWSPAPERS DOWNLOADED VIA THE INTERNET; PUBLICATIONS DOWNLOADED IN ELECTRONIC FORM FROM THE INTERNET; DOWNLOADABLE WEBCASTS; HOLOGRAMS; DATABASES (ELECTRONIC PUBLICATIONS); ELECTRONIC PUBLICATIONS (DOWNLOADABLE); ELECTRONIC NOTICE BOARDS;

ELECTRONIC BULLETIN BOARD APPARATUS; 3D SPECTACLES; BANKING CARDS (ENCODED OR MAGNETIC); BINOCULARS; DOWNLOADABLE PODCASTS; DOWNLOADABLE RING TONES FOR MOBILE PHONES; DOWNLOADABLE SOFTWARE APPLICATIONS (APPS); EYEWEAR; GOGGLES USED IN SPORTS; HEADPHONES; MOBILE PHONE CASES; MOBILE PHONE COVERS; MOBILE PHONE STRAPS; PEDOMETERS; GLASSES CASES; GLASSES FOR OPTICAL USE; SUNGLASS CASES; SUNGLASSES; PROTECTIVE EYE WEAR FOR SPORTS; PROTECTIVE HELMETS FOR SPORTS; SPORTS GOGGLES; SPORTS HELMETS in class 9; PRECIOUS METALS AND THEIR ALLOYS AND GOODS IN PRECIOUS METALS OR COATED THEREWITH, NOT INCLUDED IN OTHER CLASSES; JEWELLERY, INCLUDING JEWELLERY FEATURING EMBLEMS; MEDALS, MEDALLIONS; BADGES; COINS, INCLUDING COMMEMORATIVE COINS; ORNAMENTAL PINS, COLLECTORS' PINS, TOURIST PINS, TIE PINS AND TIE CLIPS; CUFFLINKS; KEY RINGS; ORNAMENTS OF PRECIOUS METAL; FIGURINES; FIGURAL PRODUCTS; WATCHES; CLOCKS; CHAINS, WRIST
BANDS AND BRACELETS; JEWELLERY; CUFFLINKS; PRESENTATION CASES ADAPTED FOR ALL THE AFORESAID GOODS; KEY RINGS WITH CHARMS ATTACHED; KEY RINGS WITH FOBS OR TRINKETS ATTACHED; SOUVENIR BUTTONS (NOVELTY) FOR WEAR, MADE OF PRECIOUS METAL; COMMEMORATIVE COINS; TROPHIES COATED WITH PRECIOUS METAL ALLOWS; TROPHIES COATED WITH PRECIOUS METALS, TROPHIES MADE OF PRECIOUS METAL ALLOYS; TROPHIES MADE OF PRECIOUS METALS in class 14; PRINTED MATTER; PAPER, CARDBOARD AND GOODS MADE FROM THESE MATERIALS, NOT INCLUDED IN OTHER CLASSES; BOOKBINDING MATERIAL; PHOTOGRAPHS; STATIONERY; INSTRUCTIONAL AND TEACHING MATERIAL (EXCEPT APPARATUS); PLASTIC MATERIALS FOR PACKAGING (NOT INCLUDED IN OTHER CLASSES); PRINTED PUBLICATIONS; BOOKS; SOUVENIR BOOKLETS; MAGAZINES AND PUBLICATIONS; NEWSPAPERS AND PERIODICALS; MANUALS; PROGRAMMES; POSTERS AND BANNERS; CALENDARS AND DIARIES; PROGRAMS; PENS AND PENCILS; TICKETS;
CARDS; DECALCOMANIAS; STICKERS; TRANSFERS; PACKAGING MATERIAL; ALBUMS BEING ARTICLES OF STATIONERY; BEER MATS; BOOKMARKERS; FRAMED PICTURES; FRAMED POSTERS; FRAMED PRINTS; INFORMATION SUPPORTS (CARDS, NOT ENCODED OR MAGNETIC) BEARING PERSONAL IDENTIFICATION DATA; NEWSLETTERS; PHILATELIC MATERIALS; PHILATELIC PRODUCTS; PHILATELIC SHEETS AND CARRIERS; POSTAGE STAMPS; EMBLEMS AND FLAGS MADE OF PAPER in class 16; FLAGS (NOT OF PAPER); PENNANTS (FLAGS), OTHER THAN OF PAPER; LABELS (CLOTH); POSTCARDS; TICKETS; TRADING CARDS (PRINTED MATTER) in class 24; CLOTHING, FOOTWEAR, HEADGEAR; T-SHIRTS; POLO SHIRTS; HATS; CAPS (HEADWEAR); SPORTS UNIFORMS (OTHER THAN GOLF GLOVES OR HELMETS); UNIFORMS; UNIFORMS FOR ATHLETES; CLOTHING FOR SPORTS; FOOTWEAR FOR SPORT; SPORTING FOOTWEAR; SPORTS CAPS; SPORTS CLOTHING (OTHER THAN GOLF GLOVES); SPORTS GARMENTS (OTHER THAN GOLF GLOVES); SPORTS HEADGEAR
(OTHER THAN HELMETS); SPORTSWEAR; ATHLETIC CLOTHING; ATHLETICS FOOTWEAR; ATHLETICS WEAR in class 25; NOVELTY BADGES (FOR WEAR); NOVELTY BUTTONS (BADGES) FOR WEAR; ORNAMENTAL NOVELTY BADGES (BUTTONS); SOUVENIR BADGES (NOVELTY) FOR WEAR, NOT OF PRECIOUS METAL; BUCKLES (CLOTHING ACCESSORIES); DECORATIVE BANDS; DECORATIVE BROOCHES (CLOTHING ACCESSORIES); DECORATIVE PINS FOR WEAR (OTHER THAN JEWELLERY); DECORATIVE RIBBONS; DECORATIVE TAPES in class 26; SPORTING ARTICLES NOT INCLUDED IN OTHER CLASSES; GAMES AND PLAYTHINGS; ELECTRONIC AMUSEMENT APPARATUS in class 28; ADVERTISING; BUSINESS MANAGEMENT; BUSINESS ADMINISTRATION; ACCOUNTING; OFFICE FUNCTIONS; RETAIL SERVICES; PROMOTIONAL ADVERTISING AND MARKETING SERVICES; EVENT MANAGEMENT SERVICES FOR COMMERCIAL OR ADVERTISING PURPOSES; MARKETING; MARKET RESEARCH; ONLINE ADVERTISING ON A COMPUTER NETWORK; ONLINE PROMOTION ON A
COMPUTER NETWORK; ORGANISATION AND PROMOTION OF EXHIBITIONS FOR COMMERCIAL OR ADVERTISING PURPOSES; ORGANISATION OF TRADE EXPOSITIONS, FAIRS OR SHOWS FOR COMMERCIAL OR ADVERTISING PURPOSES; PRODUCTION OF VIDEO RECORDINGS FOR ADVERTISING PURPOSES; PRODUCTION OF VIDEO RECORDINGS FOR MARKETING PURPOSES; PRODUCTION OF VIDEO RECORDINGS FOR PUBLICITY PURPOSES; PRODUCTION OF SOUND RECORDINGS FOR PUBLICITY PURPOSES; PROVIDING INFORMATION, INCLUDING ONLINE, ABOUT ADVERTISING, BUSINESS MANAGEMENT AND ADMINISTRATION; OFFICE FUNCTIONS; SPONSORSHIP (PROMOTION AND MARKETING SERVICES); PUBLIC RELATIONS; PUBLICITY; SPONSORSHIP (PROMOTION AND MARKETING SERVICES); SPONSORSHIP SEARCH; ELECTRONIC PUBLICATION OF PUBLICITY TEXTS; ORGANISING OF BUSINESS COMPETITIONS; ORGANISING OF PRIZE DRAWS FOR ADVERTISING AND PROMOTIONAL PURPOSES; ORGANISING OF TRADE COMPETITIONS; TOURISM PROMOTIONS (FOR OTHERS);
PROMOTION (ADVERTISING) OF TRAVEL; ORGANISATION AND MANAGEMENT OF INCENTIVE PROGRAMMES; COMMERCIAL ADMINISTRATION OF THE LICENSING OF THE GOODS AND SERVICES OF OTHERS; INTERNET ADVERTISING SERVICES, DISSEMINATION OF ADVERTISING, BILLBOARD LEASING SERVICES, ADVERTISING SPACE RENTAL SERVICES, OUTDOOR ADVERTISING SERVICES, TV ADVERTISING SERVICES, PROMOTION AGENCY SERVICES; MARKETING RESEARCH SERVICES, PUBLIC OPINION POLLING SERVICES; DATABASE COMPILATION AND MANAGEMENT; ATHLETIC RECORD AND STATISTICAL INFORMATION SERVICES; DISTRIBUTION OF GOODS (NOT BEING TRANSPORT SERVICES); DISTRIBUTION OF ADVERTISING MATERIAL; INFORMATION, ADVISORY AND CONSULTANCY SERVICES IN RELATION TO ALL THE FOREGOING SERVICES; COMPILATION OF DIRECTORIES FOR PUBLISHING ON THE INTERNET; CONDUCTING OF TRADE SHOWS; DIRECT MARKETING; RENTAL OF ADVERTISING SPACE ON THE INTERNET in class 35; FINANCING, BANKING AND
INSURANCE SERVICES ALL BEING PROVIDED IN ASSOCIATION WITH SPORTING EVENTS INCLUDING CREDIT CARD SERVICES, ISSUANCE OF CREDIT CARDS, TRAVELLER'S CHEQUE SERVICES, CREDIT AND LOAN SERVICES, FINANCIAL SPONSORSHIP OF SPORTING EVENTS AND EXHIBITIONS; REAL ESTATE AFFAIRS; RENTAL OF ACCOMMODATION AND OFFICE SPACE; INFORMATION ADVISORY AND CONSULTANCY SERVICES PROVIDED IN RELATION TO THE AFORESAID in class 36; TELECOMMUNICATION AND COMMUNICATION SERVICES BY ANY MEANS, INCLUDING BROADCASTING SERVICES BY RADIO, TELEVISION, CABLE, SATELLITE AND INTERNET; INFORMATION SERVICES RELATING TO BROADCASTING; NEWS BROADCASTING; NEWS AGENCIES; ELECTRONIC MAIL; TRANSMISSION OF DATA; ELECTRONIC COMMUNICATION SERVICES; TRANSMISSION OF INFORMATION, INCLUDING ONLINE AND OVER A GLOBAL COMPUTER NETWORK; PROVIDING USER ACCESS TO A GLOBAL COMPUTER NETWORK AND ONLINE SITES; PROVIDING ACCESS TO ONLINE COMPUTER
DATABASES; WEB PORTAL SERVICES (PROVIDING USER ACCESS TO A GLOBAL COMPUTER NETWORK); WEBCASTING (BROADCASTING OVER A GLOBAL COMPUTER NETWORK); WEBCASTING SERVICES; COMMUNICATION SERVICES FOR THE TRANSMISSION OF INFORMATION; COMMUNICATION SERVICES FOR THE TRANSMISSION OF INFORMATION BY ELECTRONIC MEANS; PROVIDING ACCESS TO DATABASES; COMPUTER BULLETIN BOARDS; ELECTRONIC BULLETIN BOARD SERVICES (TELECOMMUNICATIONS SERVICES); TRANSMISSION OF MESSAGES AND IMAGES VIA COMPUTER; TELECOMMUNICATION OF INFORMATION (INCLUDING WEB PAGES), COMPUTER PROGRAMS AND ANY OTHER DATA; ELECTRONIC MAIL SERVICES; PROVIDING TELECOMMUNICATIONS CONNECTIONS TO THE INTERNET OR DATABASES; PROVIDING ACCESS TO WEB SITES ON THE INTERNET; SIMULTANEOUS BROADCASTING OF FILMS AND OF VIDEO AND SOUNDS in class 38; TRAVEL SERVICES; TRAVEL ARRANGEMENT; PROVISION OF INFORMATION RELATING TO TOURISM; PROVISION OF
INFORMATION RELATING TO TRAVEL; PROVISION OF TOURIST TRAVEL INFORMATION; ARRANGING OF TOURS; TOUR ORGANISING; TOUR RESERVATION SERVICES; TOURIST GUIDE SERVICES; TOURIST TRAVEL RESERVATION SERVICES; ADVISORY SERVICES RELATING TO TRANSPORTATION; ADVISORY SERVICES RELATING TO TRAVEL; COMPUTERISED DISTRIBUTION ADVISORY SERVICES RELATING TO TRANSPORT; COMPUTERISED RESERVATION SERVICES FOR TRAVEL; COMPUTERISED TRANSPORT INFORMATION SERVICES; CONSULTANCY FOR TRAVEL; INFORMATION SERVICES RELATING TO TRANSPORTATION; INFORMATION SERVICES RELATING TO TRAVEL; PROVISION OF TOURIST TRAVEL INFORMATION; PROVISION OF TRAVEL INFORMATION; SERVICES FOR THE ARRANGING OF TOURS; SERVICES FOR THE ARRANGING OF TRANSPORTATION; SERVICES FOR THE ARRANGING OF TRAVEL; TRAVEL ADVISORY SERVICES; TRAVEL CONSULTANCY; TRAVEL GUIDE SERVICES; TRAVEL INFORMATION SERVICES; TRAVEL RESERVATION; TRAVEL TICKET RESERVATION
SERVICES; PROVIDING INFORMATION, INCLUDING ONLINE, ABOUT TRANSPORT; TRANSPORT INFORMATION SERVICES; TRANSPORTATION INFORMATION in class 39; EDUCATION; PROVIDING OF TRAINING; ENTERTAINMENT; SPORTING AND CULTURAL ACTIVITIES, INCLUDING ORGANISING AND PROMOTING SPORTS EVENTS AND COMPETITIONS; PROVISION OF SPORTING AND RECREATIONAL FACILITIES; PROVISION OF RECREATIONAL FACILITIES; SOCIAL CLUB SERVICES (ENTERTAINMENT, SPORTING AND CULTURAL SERVICES); ENTERTAINMENT INCLUDING SPORT AND STADIUM ENTERTAINMENT; ORGANISATION OF FUNCTIONS AND ENTERTAINMENT; HOSTING AND ORGANISING SPORT AWARD FUNCTIONS; PROVISION OF SPORTING COMPETITIONS; PROVISION OF SPORTING EVENTS; RESERVATION SERVICES FOR SPORTING TICKETS; SPORTS CONSULTANCY; SPORTS EDUCATION SERVICES; SPORTS INFORMATION SERVICES; SPORTING RESULTS SERVICES; SPORTS INSTRUCTION SERVICES; TICKET AGENCY SERVICES (SPORTING); PROVISION OF INFORMATION ABOUT
SPORTS; SPORTS EDUCATION SERVICES; SPORTS INSTRUCTION SERVICES; RADIO AND TELEVISION COVERAGE OF SPORTING EVENTS; RADIO AND TELEVISION PROGRAM AND VIDEO TAPES PRODUCTION SERVICES; PRODUCTION OF SPORTS EVENTS FOR RADIO, FILM AND TELEVISION; PROVISION OF INFORMATION ABOUT SPORTS, INCLUDING ON-LINE AND OVER A GLOBAL COMPUTER NETWORK OR VIA SOME OTHER COMMUNICATIONS NETWORK; ELECTRONIC PUBLICATION OF INFORMATION ON SPORTING ACTIVITIES, INCLUDING VIA A WEBSITE; PRODUCTION OF TELEVISION PROGRAMS, VIDEOS OR OTHER OBJECTS WHICH RECORD, TRANSMIT OR REPRODUCE INFORMATION AND IMAGES OF SPORTING, CULTURAL OR ENTERTAINMENT EVENTS; WEBLOG (BLOG) SERVICES (ONLINE PUBLICATION OF JOURNALS OR DIARIES); SPORTING ACTIVITIES; SPORTING INFORMATION; ENTERTAINMENT; SPORTING AND CULTURAL ACTIVITIES, INCLUDING ORGANISING AND PROMOTING SPORTS EVENTS AND COMPETITIONS; PROVISION OF SPORTING AND RECREATIONAL FACILITIES;
PROVISION OF RECREATIONAL FACILITIES; SOCIAL CLUB SERVICES (ENTERTAINMENT, SPORTING AND CULTURAL SERVICES); ENTERTAINMENT INCLUDING SPORT AND STADIUM ENTERTAINMENT; ORGANISATION OF FUNCTIONS AND ENTERTAINMENT; HOSTING AND ORGANISING SPORT AWARD FUNCTIONS; PROVISION OF SPORTING COMPETITIONS; PROVISION OF SPORTING EVENTS; RESERVATION SERVICES FOR SPORTING TICKETS; SPORTS CONSULTANCY; SPORTS INFORMATION SERVICES; SPORTING RESULTS SERVICES; TICKET AGENCY SERVICES (SPORTING); PROVISION OF INFORMATION ABOUT SPORTS; PROVISION OF INFORMATION ABOUT SPORTS, INCLUDING ON-LINE AND OVER A GLOBAL COMPUTER NETWORK OR VIA SOME OTHER COMMUNICATIONS NETWORK; SPORTING ACTIVITIES; SPORTING INFORMATION; BETTING SERVICES; BETTING INFORMATION SERVICES; GAMBLING SERVICES; OPERATING LOTTERIES in class 41; SCIENTIFIC AND TECHNOLOGICAL SERVICES AND RESEARCH AND DESIGN RELATING THERETO; DESIGN AND DEVELOPMENT OF COMPUTER
HARDWARE AND SOFTWARE; MAINTAINING AND CREATING WEBSITES FOR OTHERS; NETWORKS; CREATING INDEXES OF ONLINE INFORMATION; CREATING INDEXES OF ONLINE WEBSITES AND INFORMATION SOURCES; ELECTRONIC STORAGE AND RETRIEVAL OF DOCUMENTS AND DATA VIA COMPUTER NETWORK AND GLOBAL TELECOMMUNICATIONS NETWORKS; PROVISION OF LINKS TO OTHER WEBSITES; COMPUTER SERVICES; INFORMATION ADVISORY AND CONSULTANCY SERVICES PROVIDED IN RELATION TO THE AFORESAID in class 42; BOOKING OF ACCOMMODATION; INFORMATION ADVISORY AND CONSULTANCY SERVICES PROVIDED IN RELATION TO THE AFORESAID; ACCOMMODATION FINDING SERVICES FOR TOURISTS; ARRANGEMENT OF ACCOMMODATION FOR TOURISTS; PROVISION OF TOURIST ACCOMMODATION; RESERVATION OF TOURIST ACCOMMODATION; ACCOMMODATION FINDING SERVICES FOR TRAVELLERS; ARRANGEMENT OF ACCOMMODATION FOR TRAVELLERS; RESERVATION OF ACCOMMODATION FOR TRAVELLERS; HOLIDAY
INFORMATION (ACCOMMODATION); HOLIDAY PLANNING (ACCOMMODATION); PROVISION OF INFORMATION RELATING TO RESTAURANTS; PROVISION OF INFORMATION RELATING TO THE AVAILABILITY OF ACCOMMODATION; PROVISION OF INFORMATION RELATING TO THE BOOKING OF ACCOMMODATION; RESTAURANT RESERVATION SERVICES; RESTAURANT SERVICES; RESTAURANT SERVICES FOR THE PROVISION OF FAST FOOD; RESTAURANTS; FOOD AND DRINK CATERING; HOSPITALITY SERVICES (FOOD AND DRINK); PROVIDING FOOD AND DRINK; TAKEAWAY FOOD AND DRINK SERVICES; CAFES; CAFETERIAS; BAR SERVICES; INN KEEPING (BAR, RESTAURANT AND ACCOMMODATION); SNACK BARS; CLUB SERVICES FOR THE PROVISION OF FOOD AND DRINK; PROVIDING INFORMATION, INCLUDING ONLINE, ABOUT SERVICES FOR PROVIDING FOOD AND DRINK, AND TEMPORARY ACCOMMODATION; ACCOMMODATION RESERVATION SERVICES; PREPARATION OF FOOD AND DRINK; PREPARATION OF FOOD AND DRINK; AGENCY SERVICES FOR BOOKING
HOTEL ACCOMMODATION; AGENCY SERVICES FOR BOOKING TEMPORARY ACCOMMODATION; AGENCY SERVICES FOR THE RESERVATION OF ACCOMMODATION; ARRANGEMENT OF ACCOMMODATION FOR HOLIDAY MAKERS; ARRANGING HOLIDAY ACCOMMODATION; ARRANGING HOTEL ACCOMMODATION; ARRANGING HOTEL RESERVATIONS; ARRANGING OF TEMPORARY ACCOMMODATION; ARRANGING TEMPORARY LODGINGS; BUSINESS CATERING SERVICES; HOLIDAY HOME SERVICES (ACCOMMODATION); HOLIDAY INFORMATION (ACCOMMODATION); HOTEL ACCOMMODATION RESERVATION SERVICES; LETTING OF HOLIDAY ACCOMMODATION; LETTING OF TOURIST ACCOMMODATION; LODGING HOUSE SERVICES; MOBILE CATERING SERVICES; PROVISION OF INFORMATION RELATING TO THE AVAILABILITY OF ACCOMMODATION; PROVISION OF INFORMATION RELATING TO THE BOOKING OF ACCOMMODATION; RESERVATION OF ACCOMMODATION FOR TRAVELLERS; RESERVATION OF ACCOMMODATION IN HOTELS; RESERVATION OF HOTEL ACCOMMODATION; RESERVATION OF TEMPORARY

ACCOMMODATION; RESERVATION OF TOURIST ACCOMMODATION; TOURIST AGENCY SERVICES (PROVISION OF TEMPORARY ACCOMMODATION); TOURIST AGENCY SERVICES FOR BOOKING ACCOMMODATION; TRAVEL AGENCIES FOR ARRANGING ACCOMMODATION; TRAVEL AGENCY SERVICES FOR BOOKING ACCOMMODATION; TRAVEL AGENCY SERVICES FOR MAKING HOTEL RESERVATIONS; TRAVEL AGENCY SERVICES FOR RESc ERVING ACCOMMODATION; TRAVEL AGENCY SERVICES FOR RESERVING HOTEL ACCOMMODATION in class 43.

Key Legal Topics

Areas of Law

Administrative Law
Civil Procedure

Legal Concepts

Judicial Review
Standing
Procedural Fairness
Natural Justice
Jurisdiction

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Citations

Jabree Ltd v Gold Coast Commonwealth Games Corporation [2017] ATMO 156

Cases Citing This Decision

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Cases Cited

7

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Peter Hanlon [2011] ATMO 45

[2017] ATMO 156

14 December 2017

Key Legal Topics

Areas of Law

Administrative Law

Civil Procedure

Legal Concepts

Judicial Review

Standing

Procedural Fairness

Natural Justice

Jurisdiction