New South Wales Lotteries Corporation Pty Limited, Golden Casket Lottery Corporation Limited,=?ISO-8859-1?Q?_Tattersall=92s_Swee?=ps Pty Ltd, Tatts Lotteries SA Pty Ltd and Tatts NT Lotteries Pty Ltd
[2024] ATMO 70
•19 April 2024
TRADE MARKS ACT 1995
DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Trade mark application number 2389809 (classes 9, 16, 28, 35, 36, 38 and 41) – stylised three-finger device - in the names of New South Wales Lotteries Corporation Pty Limited, Golden Casket Lottery Corporation Limited, Tattersall’s Sweeps Pty Ltd, Tatts Lotteries SA Pty Ltd and Tatts NT Lotteries Pty Ltd.
Delegate: | Nicole Worth |
Representation: | Applicants: David Larish, counsel, instructed by King & Wood Mallesons |
Decision: | 2024 ATMO 70 Trade Marks Act 1995 (Cth) – s 38 – Revocation of acceptance proposed by the Registrar – s 44 ground for rejection – deceptive similarity – similarity and close relationship of goods and services – 44(3)(b) not applicable – application should not have been accepted and reasonable to revoke acceptance – application to be returned to examination. |
Background
The New South Wales Lotteries Corporation Pty Limited, Golden Casket Lottery Corporation Limited, Tattersall’s Sweeps Pty Ltd, Tatts Lotteries SA Pty Ltd and Tatts NT Lotteries Pty Ltd (collectively ‘the Applicants’) have made an application for registration of the trade mark detailed below (‘the Application’).
Trade mark: (‘Trade Mark’)
Application Number: 2389809
Filing Date: 19 September 2023
Classes:9, 16, 28, 35, 36, 38 and 41. (The full specification of goods and services is at Appendix A of this decision).
The Application was examined as required by s 33 of the Trade Marks Act 1995 (Cth) (‘Act’),[1] and examination was expedited at the request of the Applicants. After resolving issues relating to the classification of goods and services, the application was accepted on 13 November 2023.
[1] In this decision, all references to sections or regulations are references to sections of the Trade Marks Act 1995 (Cth) and regulations of the Trade Marks Regulations 1995 (Cth) respectively.
On 9 January 2024 the Registrar sent to the Applicants a Notice of Intention to Revoke Acceptance of a Trade Mark (‘the Notice’), on the following basis:
Revocation is being proposed as grounds for rejection should have been raised under Section 44 of the Trade Marks Act 1995. This is because your trade mark is too similar to trade mark 2413340 which claims an earlier priority date by way of an international agreement. Your trade mark is too similar to the earlier trade marks [sic] as both trade marks consist of a hand device displaying 3-fingers with the thumb and little finger tucked.
The goods and services are similar as the earlier trade mark's claims in Class 9 for various computer software, games and electronic publications are similar to your claims for various software and games in Class 9, printed publications in Class 16, games in Class 28, and game services in Class 41.
Trade mark application 2413340 is the Australian designation of International Registration Designating Australia no. 1766267 (‘the IRDA’). Details of the IRDA are shown below.
Trade Mark: (‘the Earlier Mark’)
Owner: Kevin Brilliant
Classes:9, 25, 42. (The full specification of goods and services is listed at Appendix B of this decision).
The Australian trade marks office was notified of the IRDA on 14 December 2023, after acceptance of the Trade Mark. However, by way of the Madrid Agreement Concerning the International Registration of Marks, the Earlier Mark is able to claim a priority date of 7 July 2023, prior to the priority date of the Trade Mark. Therefore, although the Earlier Mark was not filed[2] in Australia until after the acceptance of the Trade Mark it comes first in the order of priority. The potential for such circumstances is the reason that trade marks are not registered until at least 7 and a half months have passed from the date of filing the application.
[2] Strictly speaking international registrations designating Australia are not ‘filed’ in Australia, rather the Australian trade marks office is notified that Australia is a jurisdiction in which protection is sought.
The Applicants exercised their right to be heard on the revocation. Prior to the hearing the Applicants filed the following declarations:
· Declaration of Benjamin Johnson, General Manager Marketing of The Lottery Corporation Limited,[3] with Annexures BJ-01 to BJ-11, dated 27 March 2024 (‘Johnson’); and
· Declaration of Kelly Williamson, solicitor at King & Wood Mallesons, with Annexures KW-1 to KW-11,[4] dated 27 March 2024 (‘Williamson’).
[3] Of which the Applicants are subsidiaries and individually operate lottery games in their respective states or state and territory or single state or territory of Australia, except Western Australia.
[4] Including an updated version of KW-11, where the original version was obscured.
I heard the matter, as a delegate of the Registrar of Trade Marks, on 3 April 2024. Mr David Larish of counsel, instructed by Bill Ladas, Suzannah Wood and Kelly Williamson of King & Wood Mallesons, made oral and written submissions[5] on the Applicants’ behalf.
[5] Including a separate submission regarding the degree of similarity or closeness of the relationship of the Applicants’ goods and services to those specified in the Earlier Mark.
Section 38
Section 38 of the Act provides:
38 Revocation of acceptance
(1) Before a trade mark is registered, the Registrar may revoke the acceptance of the application for registration of the trade mark if he or she is satisfied that:
(a) the application should not have been accepted, taking account of all the circumstances that existed when the application was accepted (whether or not the Registrar knew then of their existence); and
(b) it is reasonable to revoke the acceptance, taking account of all the circumstances.
(2) If the Registrar revokes the acceptance:
(a) the application is taken to have never been accepted; and
(b) the Registrar must examine, and report on, the application as necessary under section 31; and
(c) sections 33 and 34 again apply in relation to the application.The decision to revoke acceptance is therefore broadly reliant upon two factors. First that the Application should not have been accepted, and second, that it is reasonable to now revoke acceptance, taking account of the circumstances that existed at the relevant times (including circumstances that were not known at acceptance, as is the case here).
The purpose of s 38 is to remedy acceptances that have been made in error. If the error is realised before a trade mark proceeds to registration, the Registrar has the power to revoke the acceptance and examine the trade mark once again, thus providing a simple procedure for remedy. The effect of revocation, reflected in s 38(2), is that the trade mark is taken to have never been accepted and the application is returned to the examination phase of the registration process.
Preliminary matter
Before addressing s 38(1), I will as a preliminary matter address the Applicants’ criticisms of the Notice. The Applicants assert that the Notice provides brief, and insufficient, rationale for the proposed revocation and that the writer of the Notice has failed to give due consideration to the differences between the marks and to delineating the alleged similarities or close relationships between the parties’ goods and services.
I acknowledge that the reasons given in the Notice are brief and possibly further information could have been provided regarding the similarities or closeness of the relationships between the parties’ goods and services. However, I do not consider that there is so little information that the Applicants would be unable to comprehend why revocation was proposed or that the Notice is deficient such that the Applicants have not been given a proper opportunity to be heard. The trade marks plainly feature a common element, and the Applicants can (as they have done) debate whether this rises to deceptive similarity. I do not consider the trade marks in question share so little in common that the Applicants would be unsure what to address. As to the respective goods and services, the Notice identifies broad descriptions of goods or services, and the classes to which they belong, that are considered to be similar (or closely related). Whilst they are not precisely delineated, and could have been identified with greater exactness, I do not consider that the Notice is unreasonably vague.
I turn then to the question of whether the Trade Mark should not have been accepted, taking into account all of the circumstances that existed at the time including the existence of the Earlier Mark, then unknown to the Registrar.
Section 38(1)(a)
The question under s 38(1)(a) is whether the Trade Mark should not have been accepted and the basis upon which I must consider that is whether a ground for rejection exists under reg 4.15A on account of the Earlier Mark.[6] The Applicants submit that the Trade Mark is not deceptively similar to the Earlier Mark, and that if the Registrar nonetheless believes it is, then the provisions of sub-s 44(3)(b) should be applied to allow acceptance of the Application.
[6] Although the Notice and the Applicants have addressed the issue in terms of s 44, the allegedly deceptively similar mark is a trade mark in respect of which the Registrar has received notification of an IRDA, and so it is rightly reg 4.15A that applies. The issues to be addressed mirror those under s 44.
Regulation 4.15A relevantly provides:
4.15A Grounds for rejection—trade mark identical etc to trade mark protected under Madrid Protocol
(1) For section 189A of the Act, and subject to subregulations (3) and (5), an application for the registration of a trade mark (applicant’s trade mark) in respect of goods (applicant’s goods) must be rejected if:
(a) the applicant’s trade mark is substantially identical with, or deceptively similar to:
(i) a protected international trade mark; or
(ii) a trade mark in respect of which the Registrar has received notification of an IRDA;
held by another person in respect of similar goods or closely related services; and
(b) the priority date for the registration of the applicant’s trade mark in respect of the applicant’s goods is not earlier than the priority date for the other trade mark in respect of the similar goods or closely related services.
Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.Division 2 of Part 4 of the Act includes provisions relating to the grounds on which an application for the registration of a trade mark must be rejected.
(2) For section 189A of the Act, and subject to subregulations (3) and (5), an application for the registration of a trade mark (applicant’s trade mark) in respect of services (applicant’s services) must be rejected if:
(a) the applicant’s trade mark is substantially identical with, or deceptively similar to:
(i) a protected international trade mark; or
(ii) a trade mark in respect of which the Registrar has received notification of an IRDA;
held by another person in respect of similar services or closely related goods; and
(b) the priority date for the registration of the applicant’s trade mark in respect of the applicant’s services is not earlier than the priority date for the other trade mark in respect of the similar services or closely related goods.
Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.Division 2 of Part 4 of the Act includes provisions relating to the grounds on which an application for the registration of a trade mark must be rejected.
(3) If, in a case mentioned in subregulation (1) or (2), the Registrar is satisfied:
(a) that there has been honest concurrent use of the 2 trade marks; or
(b) that, because of other circumstances, it is proper to do so;
the Registrar may accept the application for the registration of the applicant’s trade mark subject to any conditions or limitations that the Registrar thinks fit to impose.
Section 10 states that for the purposes of the Act, a trade mark is taken to be deceptively similar to another trade mark if it so nearly resembles that other trade mark that it is unlikely to deceive or cause confusion.
The comparison is between the impression based on recollection of the Earlier Mark that a person of ordinary intelligence and memory have (bearing in mind that the recollection may be imperfect),[7] and the impression that same person would have of the Trade Mark.[8]
[7] In the Matter of an Application by the Pianotist Company Ltd for Registration of a Trade Mark (1906) 23 RPC 774, 777 (Parker J).
[8] Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66, [13] (Windeyer J).
The Applicants contend that the nature and extent of the differences between the parties’ trade marks are such that even a consumer imperfectly recalling the Earlier Mark would not be caused to wonder whether the Trade Mark is the Earlier Mark or whether the relevant goods emanate from the same source. These differences include the asserted essential feature of a white line within a black contour (which I will refer to as the ‘shadow outline’) of the Earlier Mark which is absent in the Trade Mark, that the thumbs are on different sides of the hands and are differently positioned (overlapping versus adjacent), that the spacing of the upward fingers differ, and that the shapes of the tops of the fingers also differ. The Applicants refer to Coca Cola Co v PepsiCo Inc (No 2)[9] in support of their case.
[9] (‘Coca Cola’) [2014] FCA 1287 (Besanko J).
The Applicants also submit that the frequency with which ‘hand’ marks appear on the register and in respect of the specified goods and services is a further factor which militates against confusion. To support this contention they adduce a list of 21 trade marks appearing on the Register that were filed before the Trade Mark and which contain or comprise hand motifs (only one of which is depicted with a shadow outline);[10] screen shots of various websites depicting either the hands shown in the list or unregistered hand trade marks used in respect of various Australian and international lotteries;[11] and articles about lottery winnings and internet image search results relating to lotteries or ‘scratchies’ showing hands holding lottery or scratchie tickets.[12]
[10] Williamson, Annexure KW-01.
[11] Ibid Annexures KW-02 and KW-03.
[12] Ibid Annexures KW-04 and KW-05.
I have considered these submissions but nonetheless consider that the Trade Mark is deceptively similar to the Earlier Mark. The Applicants’ evidence shows that ‘hand’ marks and hand imagery are not altogether unusual, especially in respect of lotteries. However, most of the marks depict hands in positions which carry some kind of meaning, such as ‘fingers crossed’, ‘thumbs up’, ‘ok’, the shaka sign or a pointing finger. Their differing meanings assist in their differentiation. (The exception is the ‘fingers crossed’ sign which is used relatively frequently in respect of lotteries and games of chance, which is unsurprising given one of its primary meanings is to wish for luck). The other hand imagery generally shows photographs of a hand holding a lottery ticket or ‘scratchie’, imagery which is quite different to either of the trade marks. The subject three-fingered sign is not frequently used in relation to the specified goods and services and is distinctive given it has no meaning in respect of them.[13]
[13] Or, if a meaning is attributed to the three-fingered sign, I consider it most likely to be taken as the three-fingered salute which carries meanings unrelated to the specified goods and services.
Whilst I acknowledge differences in the rendering of the trade marks, I do not consider that they are to the extent that confusion is unlikely. Contrary to the Applicants’ assertion, I do not consider the shadow outline to be an essential feature of the Trade Mark. The essential feature is the simplified depiction of a hand with three splayed fingers held up and the thumb and little finger bent towards each other. The same essential feature exists in the Earlier Mark. The shadow outline, the shape and spacing of the fingers, and whether the thumb is on the left or right and adjacent to or overlaying the little finger are the types of details unlikely to be recalled with precision. Even if the shadow outline was to be considered an essential feature, I consider the likelihood of confusion would remain on account of the similar, and unusual, simplified hand sign depicted. Unlike Cooper Engineering Co Pty Ltd v Sigmund Pumps Ltd,[14] referred to by the Applicants, I do not consider that the features differentiating the trade marks carry equal weight to the essential feature, or that the common idea of the marks is expressed in forms that are quite different to each other.
[14] [1952] HCA 15 (Dixon, Williams and Kitto JJ).
As to the Applicants’ reference to Coca Cola Co v PepsiCo Inc (No 2),[15] I do not consider that case to provide significant guidance. In it, Besanko J found that the silhouette and outline of the applicant’s Contour Bottle was not deceptively similar to the respondent’s Carolina Bottle, on account of a number of features on the Carolina Bottle which collectively rendered it different. However, that case involved very different trade marks (or alleged trade marks) with very different features in a very different market. The decision had also previously noted that ‘waisted’ bottles were not altogether unusual. The comparison made there is unlike the comparison in relation to the trade marks here.
[15] Coca Cola (n 9), [247]-[248].
On the question of the similarity or close relationship between the parties’ goods and services, I am satisfied that, to varying degrees, many if not most of the Applicants’ goods and services are similar or closely related to the goods and services of the Earlier Mark. It is relatively straightforward that the Applicants’ computer hardware and software (including application software) in class 9 is similar to the software in class 9 of the Earlier Mark and closely related to the services related to providing use of software online in class 42 of the Earlier Mark. Similarly, the Applicants’ electronic publications in class 9 are similar to the downloadable electronic newsletters, electronic publications and educational course materials in class 9 of the Earlier Mark. This nexus extends also to the Applicants’ printed goods in class 16. It is also relatively straightforward that the Applicants’ games, apparatus for games and equipment for games in class 9 is similar to the game related software in class 9 of the Earlier Mark and closely related to the online provision of game related software in class 42 of the Earlier Mark.
There is also a close relationship between the Applicants’ services in class 41, which are related to entertainment, gambling, games and competitions, and the game software and software for sharing user content in relation to entertainment, competitions, gambling, wagering and betting in class 9 of the Earlier Mark. The same class 41 services are also similar to at least the Earlier Mark’s services in class 42 related to providing online access to games software and to software or a website for sharing user content in relation to entertainment, competitions, gambling, wagering and betting.
As to the remaining services of the Applicant, most of them are to varying degrees similar or closely related to the goods and services of the Earlier Application, on account of the similarity in subject matter or similarity in the purpose to which they are put – for example ‘marketing of games’ may well be seen to emanate from the same source as a provider of online game software. Similarly the service of ‘organising trade and business competitions’ may be thought to emanate from the same source as one who provides software or a website for sharing user content in relation to competitions. Nor is it inconceivable that a provider of financial and monetary services associated with games and gaming would also provide the software for such games or the online access to those games. Such considerations are informed not only by the nature of the services themselves, but also by the distinctiveness of the trade marks in question and their degree of similarity.
I have considered whether amendments may be made to the specification of the Application in order to remove the similarities and close relationships in the goods and services, and I have taken account of the written submission provided by the Applicants, said to delineate where the potential connections exist. I am not persuaded that the goods and services which the Applicants’ submit are different, really are. On the contrary, it is difficult to envisage appropriate amendments which would sufficiently differentiate the goods and services of the trade marks. In my estimation such amendments would result in the sort of ‘fine distinctions’ cautioned against in McHattan v Australian Specialised Vehicle Systems Pty Ltd.[16] For this reason I have not suggested any amendments to the Applicants’ specification. Rather, as will be seen I consider the more sensible approach is to return the Application to examination wherein the Applicants may address these issues. The Applicants will have the option, if they wish, of negotiating with the owner of the Earlier Mark, although this course of action also carries the risk of opposition with it.
[16] [1996] FCA 481, (1996) 34 IPR 537, 545 (Drummond J).
Having determined that ss 44(1) and (2) are satisfied, I turn to the question of whether the provisions of ss 44(3)(b) may be applied as asserted by the Applicant. Johnson explains the development and intended use of the Trade Mark. The entirety of the declaration is claimed to be confidential because it contains information and documents which are not publicly available and relate to the Applicants’ business, commercial and financial affairs. I acknowledge that the declaration does contain commercially sensitive information which, if disclosed, could adversely affect the Applicants’ interests. I will therefore not disclose those parts of the evidence. However, it is necessary that I provide a basis for my decision and so I make some broad observations drawn from the evidence that are material to my decision.
The Applicants operate in a highly regulated industry and in order to operate a lottery game in Australia, an entity needs to have a licence from a government of a state or territory of Australia to operate in that state or territory. Currently between them, the Applicants hold the sole lottery license to conduct lottery games in each respective state and territory of Australia (except Western Australia). Nonetheless, the Applicants’ specified goods and services are considerably broader than simply the operation of lotteries which require a licence from government.
The Applicants were not aware of the Earlier Mark or its owner, Kevin Brilliant, when they conceived of the Trade Mark or filed the application to register it. The Applicants assert that Mr Brilliant does not commercially compete with the Applicants and they are not aware of any entry or planned entry into the lottery games space by Mr Brilliant.
In this regard Williamson provides information about Mr Brilliant and his use of the Earlier Mark (such as is publicly available). A LinkedIn page[17] for Mr Brilliant states that he is the CEO and founder of a business named ‘Take the Win’. The Earlier Mark is shown next to the business name. It appears to be a business related to behavioural science in sports, and a link upon the page states in respect of a podcast ‘Sarah talks to Kevin Brilliant, the director of business strategy and analytics for the Chicago Bulls, about his role using behavioural science to improve fan engagement…’. Similarly, web pages of a ‘coming soon’ website at ‘ are adduced.[18] They show an old-style computer monitor upon which is stated ‘Wake up, sports fans’ on one page and ‘These apps weren’t built for you…’ on another, as well as the words ‘TAKE THE WIN’ accompanied by the Earlier Mark in the upper left corner.
[17] Williamson, Annexure KW-11.
[18] Ibid Annexure KW-6.
However, whilst the above information appears to indicate that some of the interests of Mr Brilliant differ to those of the Applicants, I bear in mind that it is the notional scope of the parties’ goods and services which is to be compared under s 44. As noted by the High Court in Berlei Hestia Industries Ltd v The Bali Company:
[T]he question whether there is a likelihood of confusion is to be answered, not by reference to the manner in which the respondent has used its mark in the past, but by reference to the use to which it can properly put the mark. The issue is whether that use would give rise to a real danger of confusion.[19]
In this case the notional scope of the Applicants’ goods and services are similar or closely related to the notional scope of the Earlier Mark’s goods and services.
[19] [1973] HCA 43; (1973) 129 CLR 353, 362 (Mason J).
The Applicants underwent a complex process to develop the Trade Mark and instructed their legal representatives to conduct a clearance search for the Trade Mark. The clearance search did not identify the Earlier Mark, which is submitted to demonstrate that the Applicants acted prudently. Johnson says that by then the Applicants were fully committed to the use and launch of the logo. The Applicants then filed the application and requested expedited examination. Expedited examination was requested on account of the planned imminent launch of a new lottery game to be offered under the Trade Mark. Mr Johnson states:
Following the early acceptance of the Applicant, in my and the Applicants’ view, having both conducted a clearance search and having then had the Logo accepted by IP Australia, there was sufficient certainty to justify a ‘full steam ahead’ approach in respect of the Logo and preparation for its launch to market.[20]
[20] Johnson, [18].
This ‘full steam ahead’ approach included modifications to the Applicants’ existing IT, marketing and sales infrastructure, some of which is difficult to reverse, and regulator approval for the logo and the new lottery game.
Johnson explains the harm to the Applicants should the application be revoked, primarily that the Applicants will suffer significant financial loss, that the planned imminent launch of the new lottery game will not proceed, and the Applicants will have to adopt an alternative logo on a ‘rush’ basis which would have significant costs. It may also require new regulatory approval, which can take several months.
Despite these difficulties for the Applicants, I am not satisfied that the actions taken by them on the basis of the acceptance of the Trade Mark give rise to other circumstances which would make registration proper, and hence permit acceptance under s 44(3)(b). Even if acceptance was to proceed the Applicants would still have had to contend with the opposition period, such that registration would still not be assured. As discussed in the next section, the inconvenience and expense likely to be incurred by the Applicants is primarily of their own making.
For the preceding reasons I am satisfied that the Trade Mark should not have been accepted, taking account of the circumstances existing at the time.
Section 38(1)(b)
In asserting that revocation would be unreasonable, taking account of the circumstances, the Applicants point to the inconvenience and expense likely to be incurred should acceptance of the Trade Mark be revoked. They also cite Betcloud Holdings Pty Ltd[21] where the delegate refused to revoke both registration and acceptance of several trade marks incorporating the expression BETCLOUD.
[21] [2022] ATMO 212 (Hearing Officer T Brown)
Whilst it is true that the Applicants have invested significantly in the Trade Mark, of itself this is not a basis upon which to find that revocation of acceptance is necessarily unreasonable. Unlike the circumstances in Betcloud Holdings Pty Ltd the Trade Mark is not the subject of, or included in, any registered trade mark. This factor was material to the decision in Betcloud Holdings Pty Ltd, wherein the delegate noted:
Revocation of registration, in particular, has retrospective repercussions of the statutory rights of the registered trade mark owner and should be approached by the Registrar with great caution.[22]
[22] Ibid [19].
Rather, the circumstances here are more akin to those in Ladbrokes Digital Australia Pty Ltd (‘Ladbrokes’)[23] wherein the delegate revoked acceptance of the trade mark, notwithstanding that the applicant had already invested in it. There, as here, the applicant had requested expedited examination and received an Early Notice of Acceptance which explicitly stated that the trade mark had yet to undergo an opposition period. I note also that in this matter the Applicants’ Early Notice of Acceptance states ‘…your trade mark cannot proceed to registration at this time. This is because IP Australia must honour the priority date of applications from convention countries for up to 6 months’. This is precisely what has occurred here – the Australian trade marks office has been notified of an application from a convention country claiming an earlier priority date.
[23] [2016] ATMO 116 (Hearing Officer Wilson).
In Ladbrokes the delegate noted:
[A]cceptance of an application is not, and should not be taken to be, a guarantee that the applied for trade mark will proceed to registration. An examiner’s acceptance of an application is not the final step on the stairway to registration. Inconvenience or hardship brought on by the Applicant’s own actions will not support a view that revocation is unreasonable where those actions are undertaken on the assumption that an unregistered trade mark will become registered.
…
Any inconvenience that the Applicant might suffer as a result of its expenditure following its receipt of the Early Notice is of its own making…In using the Trade Mark before it was registered, and in the full knowledge that the Application was subject to possible opposition, the Applicant has accepted this risk. The Applicant is in the business of gambling – in that business, sometimes you win, sometimes you lose. It is not persuasive for the Applicant to argue that revocation is unreasonable because it gambled on the Trade Mark becoming registered in the full knowledge that this may not occur, and that gamble has not paid off. There are no other apparent circumstances that would make revocation unreasonable.[24]
[24] Ibid [25]-[30].
For the same reasons articulated above, I am satisfied that it is reasonable to revoke acceptance of the Trade Mark and return it to examination.
Decision
I am satisfied that the Trade Mark should not have been accepted and that it is reasonable to now revoke acceptance, in accordance with s 38. Accordingly, I revoke acceptance of trade mark application 2389809 and the application will be returned to the examination phase of the registration process.
Nicole Worth
Hearing Officer
Oppositions and Hearings
Trade Marks and Designs
19 April 2024
APPENDIX A
Specification of goods and services of the Trade Mark
Class 9: Computer hardware and software; application software, including downloadable application software for computers, mobile phones and electronic devices; computer terminals and interactive terminals for lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; smart cards; plastic cards (encoded); plastic cards containing machine-readable information; plastic cards incorporating machine readable codes; encoded cards; credit and debit card terminals; software to enable cards to interact with terminals and readers; software for storage of loyalty and payment cards and electronic cash or value; computer hardware and software used for lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; electronic publications (downloadable)
Class 16: Paper; printed matter and materials; tickets; entry forms; prize lists; coupons; pamphlets; brochures; reports; posters; advertising and promotional materials; manuals; cards; newsletters; stationery; Paper; printed matter and materials; tickets; entry forms; prize lists; coupons; pamphlets; brochures; reports (printed matter); posters; printed advertising and promotional materials; manuals; cards; newsletters; stationery
Class 28: Games (including games of chance, games of skill and numbers games); apparatuses and equipment for games
Class 35: Marketing, advertising, publicity, public relations and promotional services, including in respect of lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming, and charities and charitable fund raising; organising trade and business competitions; loyalty and incentive programs relating to lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; information services in relation to the aforementioned services
Class 36: Financial and monetary services and affairs associated with the organisation, operation and management of lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming services; fundraising activities; charitable fundraising
Class 38: Providing access to online information; providing access to databases; providing access to database information via a global computer network; transmission, communication and broadcasting of information services including provision of news, events and promotions and other information relating to entertainment, lotteries, games, jackpot systems, competitions and all other forms of gambling and gaming; communication of information and data by technological means covered in this class; electronic transmission of data and information; transmission of data and information via online services in this class; transmission of data and information by means of electronic communications networks including the internet
Class 41: Lotteries, gambling and entertainment services; operation and conduct of lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming, and services related to the operation and conduct of the foregoing; Lotteries, gambling and entertainment services; provision of facilities for entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; operation and conduct of lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming, and services related to the operation and conduct of the foregoing; provision of information about entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; television and radio programs and television and radio reports relating to entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; provision of facilities for entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; training and education services relating to entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; provision of online entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; provision of information about entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; services provided online from or using a computer or telecommunications network in respect of entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; advisory services relating to entertainment, lotteries, instant lotteries, keno, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; television and radio programs and television and radio reports relating to entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; training and education services relating to entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; provision of online entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming; providing entertainment, lotteries, jackpot systems, sweeps, sweepstakes, raffles, games (including games of chance, games of skill and numbers games), art unions, contests of fortune, luck or gaming, competitions, and all other forms of gambling and gaming, being services that are provided online via a computer or telecommunications network
APPENDIX B
Specification of goods and services of the IRDA.
Class 9: Downloadable computer software for building better behaviors and habits and achieving goals; downloadable computer software for performing mental health exercises; downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for improving positive outlook; downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing mindfulness; downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing gratitude; downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for building and sustaining motivation; downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating life; downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating wins; downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating achievements and victories; downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information in the areas of community, connection, support, belonging, and fandom; downloadable computer software for providing, capturing, and sharing positive experiences and wellness support; downloadable computer software for creating, capturing, modifying, and sharing user content in the areas of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; downloadable computer software for creating, capturing, modifying, and sharing user content in the areas of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; downloadable computer software for creating, capturing, modifying, and sharing journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; downloadable computer software for creating, capturing, modifying, and sharing journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, people, animals, pets, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; downloadable computer software for creating, capturing, modifying, and sharing video journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; downloadable computer software for creating, capturing, modifying, and sharing video journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, people, animals, pets, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; downloadable computer software for creating, capturing, modifying, and sharing interactive journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; downloadable computer software for creating, capturing, modifying, and sharing interactive journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, people, animals, pets, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; downloadable computer software for employee engagement, motivation, teamwork, rewards, and recognition; downloadable electronic newsletters in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; downloadable electronic newsletters in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, people, animals, pets, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; downloadable electronic publications, namely, magazines, journals, and newsletters in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; downloadable electronic publications, namely, magazines, journals, and newsletters in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, people, animals, pets, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; downloadable computer software in the nature of computer games, video games, and interactive media games; downloadable computer software in the nature of virtual, augmented, and mixed reality games; downloadable computer software featuring games for building better behaviors and habits and achieving goals; downloadable computer software featuring games for improving positive outlook, gratitude, and mindfulness; downloadable computer software featuring games for building and sustaining motivation; downloadable educational course materials in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; downloadable educational course materials in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, people, animals, pets, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; downloadable podcasts in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; downloadable podcasts in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, balance, people, animals, pets, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition.
Class 25: Clothing, namely, shirts, jerseys, sweatshirts, hoodies, jackets, pants, sweatpants, lounge pants, shorts, skirts, dresses, socks, hats and caps, being headwear; headbands, wristbands; footwear.
Class 42: Providing temporary use of non-downloadable software for building better behaviors and habits and achieving goals; providing temporary use of non-downloadable software for performing mental health exercises; providing temporary use of non-downloadable software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for improving positive outlook; providing temporary use of non-downloadable software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing mindfulness; providing temporary use of non-downloadable software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing gratitude; providing temporary use of non-downloadable software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for building and sustaining motivation; providing temporary use of non-downloadable software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating life; providing temporary use of non-downloadable software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating achievements and victories; providing temporary use of non-downloadable software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating wins; providing temporary use of non-downloadable software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information in the areas of community, connection, support, belonging, and fandom; providing temporary use of non-downloadable software for providing, capturing, and sharing positive experiences and wellness support; providing temporary use of non-downloadable software for creating, capturing, modifying, and sharing user content in the areas of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; providing temporary use of non-downloadable software for creating, capturing, modifying, and sharing user content in the areas of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; providing temporary use of non-downloadable software for creating, capturing, modifying, and sharing journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; providing temporary use of non-downloadable software for creating, capturing, modifying, and sharing journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; providing temporary use of non-downloadable software for creating, capturing, modifying, and sharing video journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; providing temporary use of non-downloadable software for creating, capturing, modifying, and sharing video journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; providing temporary use of non-downloadable software for creating, capturing, modifying, and sharing interactive journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; providing temporary use of non-downloadable software for creating, capturing, modifying, and sharing interactive journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; providing online, non-downloadable game software; providing temporary use of non-downloadable software for playing games; providing temporary use of non-downloadable software for employee engagement, motivation, teamwork, rewards, and recognition; software as a service (SAAS) services featuring software for building better behaviors and habits and achieving goals; software as a service (SAAS) services featuring software for performing mental health exercises; software as a service (SAAS) services featuring software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for improving positive outlook; software as a service (SAAS) services featuring software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing mindfulness; software as a service (SAAS) services featuring software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing gratitude; software as a service (SAAS) services featuring software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for building and sustaining motivation; software as a service (SAAS) services featuring software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating life; software as a service (SAAS) services featuring software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating achievements and victories; software as a service (SAAS) services featuring software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating wins; software as a service (SAAS) services featuring software for providing, capturing, and sharing positive experiences and wellness support; software as a service (SAAS) services featuring software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information in the areas of community, connection, support, belonging, and fandom; software as a service (SAAS) services featuring software for creating, capturing, modifying, and sharing user content in the areas of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; software as a service (SAAS) services featuring software for creating, capturing, modifying, and sharing user content in the areas of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; software as a service (SAAS) services featuring software for creating, capturing, modifying, and sharing journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; software as a service (SAAS) services featuring software for creating, capturing, modifying, and sharing journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; software as a service (SAAS) services featuring software for creating, capturing, modifying, and sharing video journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; software as a service (SAAS) services featuring software for creating, capturing, modifying, and sharing video journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; software as a service (SAAS) services featuring software for creating, capturing, modifying, and sharing interactive journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories; software as a service (SAAS) services featuring software for creating, capturing, modifying, and sharing interactive journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition; software as a service (SAAS) services featuring software for playing games; software as a service (SAAS) services featuring software for employee engagement, motivation, teamwork, rewards, and recognition; providing a website featuring online, non-downloadable computer software for building better behaviors and habits and achieving goals (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for performing mental health exercises (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for improving positive outlook (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing mindfulness (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for developing gratitude (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for building and sustaining motivation (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating life (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating achievements and victories (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information for celebrating wins (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing positive experiences and wellness support (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for providing, capturing, and sharing messages, images, videos, real-time connection, data and information in the areas of community, connection, support, belonging, and fandom (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for creating, capturing, modifying, and sharing user content in the areas of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for creating, capturing, modifying, and sharing user content in the areas of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for creating, capturing, modifying, and sharing journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for creating, capturing, modifying, and sharing journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for creating, capturing, modifying, and sharing video journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for creating, capturing, modifying, and sharing video journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for creating, capturing, modifying, and sharing interactive journals in the fields of mindfulness, wellness, gratitude, positivity, motivation, celebration, and victories (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for creating, capturing, modifying, and sharing interactive journals in the fields of addiction, recovery, health, food, beverages, nutrition, healing and recovery, teams, teamwork, sportsmanship, being a good sport, winning, losing, learning, failing, getting back up, improvement, practice, encouragement, belonging, relationships, companionship, membership, community, connection, group affiliation, family, partnership, personal networks, professional networks, employment, fandom, fitness, exercise, sports, esports, racing, competition, personal bests, self-esteem, validation, vindication, peace, contentment, pets, people, animals, equipment, fun, joy, commitment, championship, entertainment, escape, downtime, uptime, balance, gambling, wagering, betting, politics, religion, belief, faith, power, empowerment, engagement, risk, rewards, awards, recognition (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for employee engagement, motivation, teamwork, rewards, and recognition (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations); providing a website featuring online, non-downloadable computer software for playing games (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Regulations).
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