Positec Group Limited v Prima KK Divitiae Corp

[2024] ATMO 249

TRADE MARKS ACT 1995

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

Re:Opposition by Positec Group Limited to registration of trade mark application number 2326707 (7) – ThisWorx for – in the name of Prima KK Divitiae Corp

Delegate:

Louise Tuohy

Representation:

Opponent: Michael Deacon of Spruson & Ferguson

Applicant: not represented

Decision:

2024 ATMO 249

Trade Marks Act 1995 (Cth) – opposition under section 52 – section 44 considered and established – trade mark rejected

Background

1. This matter concerns an opposition by Positec Group Limited (‘Opponent’) under s 52 of the Trade Marks Act 1995 (Cth)[1] to the registration of the following trade mark application (‘Application’) in the name of Prima KK Divitiae Corp (‘Applicant’):

   Trade mark number:              2326707

   Trade mark:  ThisWorx for (‘Trade Mark’)

   Filing date:  9 January 2023

   Specification:  Class 7: Vacuum cleaners for cars (‘Applicant’s Goods’)

   [1]  Unless otherwise stated, each reference to a section or regulation is a reference to a section of the Trade Marks Act 1995 (Cth) (‘Act’) or regulation of the Trade Marks Regulations 1995 (Cth) (‘Regulations’), respectively.  

1. The Application was examined as required by s 31 and advertised for possible registration on 10 June 2023.  

1. On 8 August 2023 the Opponent filed a Notice of Intention to Oppose the possible registration followed by its Statement of Grounds and Particulars (‘SGP’) on 8 September 2023. The Applicant filed a Notice of Intention to Defend the opposition on 12 October 2023.

2. Thereafter the Opponent filed the following evidence in support in accordance with the Regulations:

   ·Declaration of Yang Wenji, Vice President of Positec Technology (China) Co., Ltd, made on 24 January 2024, with Exhibits 1 to 79 (‘Yang’).

1. The Applicant did not file evidence in answer.

2. Once time for filing evidence had ended both parties were given the opportunity to either request an oral hearing or a hearing by way of written submissions. The Opponent requested to be heard by way of written submissions, filing written submissions on 3 December 2024 drafted by Michael Deacon of Spruson & Ferguson Pty Ltd. The Applicant did not seek to be heard. This matter has been allocated to me, a delegate of the Registrar of Trade Marks, to decide which I do so based on the Opponent’s written submissions, the SGP and Yang.

Grounds of Opposition, Relevant Date and Onus

1. In the SGP the Opponent nominated grounds of opposition under ss 41, 44, 60, 42(b) and 62A.

2. The date at which the rights of the parties are to be determined is the filing date 9 January 2023 (‘Relevant Date’) which is also the priority date for the purposes of ss 44 and 60.

3. The Opponent bears the onus of establishing at least one of the grounds of opposition.[2] The standard of proof is the ordinary civil standard of the balance of probabilities.[3]

   [2] Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, [32] (Keane CJ, Stone and Jagot JJ).

   [3] Telstra Corporation Ltd v Phone Directories Co Pty Ltd [2015] FCAFC 156, [132] (Besanko, Jagot and Edelman JJ).

Discussion

The Opponent

1. Yang 1 claims the Opponent was established in June 1995. Yang details that the Opponent manufactures and distributes power tools, garden tools, household appliances and associated products under its flagship brand WORX worldwide via its network of international subsidiaries.

The Applicant

1. The Applicant did not file any evidence or written submissions, as such I am unable to provide any background information.

Section 44

1. In respect of this matter s 44 relevantly provides:

   44  Identical etc. trade marks

   (1) Subject to subsections (3) and (4), 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 trade mark registered by another person in respect of similar goods or closely related services; or

   (ii) a trade mark whose registration in respect of similar goods or closely related services is being sought by another person; 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 registration of the other trade mark in respect of the similar goods or closely related services.

1. To satisfy the s 44 ground of opposition the Opponent must establish that the Trade Mark is substantially identical, or deceptively similar to, another trade mark/s with an earlier priority date, in the name of a person other than the Applicant, and in respect of similar goods or closely related services.

2. In the SGP the Applicant nominated the following trade marks (collectively the ‘Opponent’s trade marks’)[4]:

   ·     Registration No. 923116  in class 7

   ·     Registration No. 1015065  in classes 7 and 8

   ·     Registration No. 1031661 WORX in classes 9, 11, 18 and 20

   ·     Registration No. 1044868 WORX REVOLVER in classes 7 and 8

   ·     Registration No. 1696291 WORX in class 12

   ·     Registration No. 1870951 I-WORX in classes 7 and 8

   ·     Registration No. 1883953 WORX in classes 7, 8, 9, 11, 12, 20, 22, 28, 37 and 42

   ·     Registration No. 1994509 WORX in classes 6 and 9

   ·     Application No. 2304195 WORXNITRO in classes 7 and 9

   [4] See Annexure A for full details of the Opponent’s trade marks.

1. From the information set out in the SGP and verified on the Register of Trade Marks it is evident that each of the Opponent’s trade marks are held in a name other than that of the Applicant, and have priority dates earlier than the Relevant Date.

Similar Goods

1. Section 44 also requires that goods be similar. Section 14(1) states that goods are similar if they are the same or of the same description to other goods. The determination of whether goods are similar involves the consideration of a number of factors including the nature, use and trade channels of the goods.[5]

   [5] Jellinek’s Application (1946) 63 RPC 59 (Romer J); Beck, Koller & Company’s Application (1947) 64 RPC 76.

2. In its written submissions the Opponent focused on its 1015065,[6] 1870951, 1883953 and 2304195 trade marks. The Opponent’s trade mark 1015065 covers machines and apparatus for cleaning (electric) in class 7, its trade mark 1870951 covers machines and apparatus for cleaning; vacuum cleaners; robotic cleaning machines, robotic cleaners for household purposes; electric cleaning machines and devices in class 7, its trade mark 1883953 covers machines and apparatus for cleaning; vacuum cleaners; robotic cleaning machines; robotic cleaners for household purposes; electric cleaning machines and devices in class 7, and its trade mark 2304195 covers carpet cleaning machines; floor cleaning machines; household cleaning robots with artificial intelligence; hoses for vacuum cleaners; vacuum cleaners; robotic cleaners, especially, robotic vacuum cleaners, robotic floor cleaning machines, brushes for vacuum cleaners in class 7. These goods are the same or of the same description to the Applicant’s Goods.

   [6] As the Opponent relies on its trade mark registration 1015065 an international trade mark registration which is protected in Australia as one of the basis of this ground of opposition, the technical ground of opposition is under reg 4.15A rather than s 44. However, as the terms are substantively identical for all relevant purposes and for ease, I have retained the reference to s 44 in this decision. References to s 44 as considered in the present decision should be taken to refer to reg 4.15A when used in connection with trade mark registration 1015065.

3. For completeness I do not find the remaining goods and services covered by the Opponent’s trade marks[7] are the same or closely related to the Applicant’s Goods. The Applicant’s Goods have a specific use namely to collect unwanted materials such as dust, hair and debris, the remaining goods have different capabilities and therefore uses and none of the services are closely related to the Applicant’s Goods.

Substantially identical

[7] See Annexure A.

1. The test for substantial identity requires that the trade marks are considered side by side while having regard to the essential features of the trade marks. Where a total impression of resemblance emerges from the comparison, the trade marks will be considered substantially identical.[8]

   [8] The Shell Company Australia Ltd v Esso Standard Oil (Australia) Limited (1963) 109 CLR 407, 414 (Windeyer J) (‘Shell’).  

2. The Opponent’s trade marks 1015065, 1870951, 1883953 and 2304195 all have goods which are the same or of the same description to the Applicant’s Goods. For the purposes of comparison I have reproduced the respective trade marks below:

Opponent’s trade marks

Trade Mark

Trade mark 1015065

ThisWorx for

Trade mark 1870951

I-WORX

Trade mark 1883953

WORX

Trade mark 2304195

WORXNITRO

1. On a side by side comparison I find that none of the Opponent’s trade marks 1015065, 1870951, 1883953 and 2304195 are substantially identical with the Trade Mark. While all the trade marks share the word WORX this is where the similarities between the trade marks end. The Trade Mark is for the three word phrase THIS WORX FOR. In comparison the Opponent’s trade mark 1015065 is for the word WORX inside an incomplete rectangle device, trade mark 1870951 consists of the letter I, a hyphen, and the word WORX, trade mark 1870951 is for the word WORX solus and trade mark 2304195 consists of the word combination WORXNITRO. I consider the differences between these trade marks sufficient to differentiate them when compared side by side. The total impression emerging from a side by side comparison is not one of resemblance.  

Deceptively similar

1. The remaining question is whether the Trade Mark is deceptive similar to any of the Opponent’s trade marks 1015065, 1870951, 1883953 and 2304195. For this discussion I will compare the Trade Mark to the Opponent’s trade mark registration 1883953 for the plain word WORX to determine if they are deceptively similar. Given that the Opponent’s trade marks 1015065, 1870951 and 2304195 contain additional elements, if the Opponent’s trade mark 1883953 and the Trade Mark are not deceptively similar, then it follows that Opponent’s trade marks containing additional or differing elements are also not likely to be deceptively similar.

2. The expression ‘deceptively similar’ is defined by s 10 in that ‘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 likely to deceive or cause confusion’.

3. Justice Windeyer outlined the following approach for the assessment of deceptive similarity in Shell:

   On the question of deceptive similarity a different comparison must be made from that which is necessary when substantial identity is in question. The marks are not now to be looked at side by side. The issue is not abstract similarity, but deceptive similarity. Therefore the comparison is the familiar one of trade mark law. It is between, on the one hand, the impression based on recollection of the plaintiff's mark that persons of ordinary intelligence and memory would have; and, on the other hand, the impressions that such persons would get from the defendant's [mark].[9]

   [9] Shell (n 8), 416.

4. The High Court in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd[10] conveniently stated the relevant principles, which may be summarised as follows:

   [10] [2023] HCA 8 (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) (‘Self Care’).

(a)the resemblance between the two marks must be the cause of the likely deception or confusion;[11]

[11] Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157, [69] (Yates, Abraham and Rofe JJ) (‘Swancom’).

(b)in the trade mark comparison, the marks must be judged as a whole taking into account both their look and their sound;[12]

[12] Cooper Engineering Co Pty Ltd v Sigmund Pumps Ltd (1952) 86 CLR 536, 538 (Dixon, Williams and Kitto JJ).

(c)the marks should not be compared side by side;[13]

[13] Australian Woollen Mills Ltd v F S Walton & Co Ltd (1937) 58 CLR 641, 658 (Dixon and McTiernan JJ) (‘Australian Woollen Mills’).

(d)the effect of spoken description must be considered; if a mark is in fact or from its nature likely to be the source of some name or verbal description by which buyers will express their desire to have the goods (or services), then similarities both of sound and of meaning may play an important part;[14]

[14] Ibid.

(e)the focus is upon the effect or impression produced on the mind of potential customers of the goods (or services) in relation to which the two marks are used and in the case of the registered mark, allowing for ‘imperfect recollection’;[15]

[15] Ibid.

(f)the notional buyer is a person with no knowledge about any actual use of the registered mark, the actual business of the owner of the registered mark, the goods the owner produces, any acquired distinctiveness from the use of the marks prior to filing, or any reputation associated with the registered mark;[16]

[16] C A Henschke & Co v Rosemount Estates Pty Ltd (2000) 52 IPR 42, 62 [43] (Ryan, Branson and Lehane JJ) (‘Henschke’).

(g)the correct approach is to compare the impression (allowing for imperfect recollection) that the notional buyer would have of the registered mark (as notionally used on all of the goods or services covered by the registration), with the impression that the notional buyer would have of notional and normal fair use of the opposed mark;[17]

(h)“deceived” implies the creation of an incorrect belief or mental impression; “causing confusion” may merely involve “perplexing or mixing up the minds” of potential customers; [18]

1. the usual manner in which ordinary people behave must be the test of what confusion or deception may be expected, having regard to the character of the customers who would be likely to buy the goods in issue;[19]

(j)it is not necessary to establish actual probability of deception or confusion, but a mere possibility of confusion is not enough. There must a real, tangible danger of deception or confusion occurring. It is enough if the notional buyer would entertain a reasonable doubt as to whether, due to the resemblance between the marks, the two products come from the same source. Put another way, there must be “a real likelihood that some people will wonder or be left in doubt about whether the two sets of products ... come from the same source”;[20]

(k)evidence of actual confusion is of great weight, but not essential, and lack of such evidence may also be relevant;[21] and

(l)any intention to deceive or cause confusion may be a relevant consideration but is not required.[22]

[17] Shell, (n 8), 415.

[18] Coca-Cola Company v All-Fect Distributors Ltd (1999) 96 FCR 107, 122 [39] (Black CJ, Sundberg and Finkelstein JJ) quoting Pioneer Hi-Bred Corn Co v Hy-Line Chicks Pty Ltd [1978] 2 NZLR 50, 62 (Richardson J).

[19] Campomar Sociedad Limited v Nike International Limited (2000) 202 CLR 45, 79 [83] (Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ).

[20] Registrar of Trade Marks v Woolworths Ltd [1999] FCA 1020, [50(ii)] (‘Woolworths’) (French J) restating principles from Southern Cross Refrigerating v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592, 594-595 (Kitto J).

[21] Australian Woollen Mills (n 13).

[22] Hashtag Burgers Pty Ltd v In-N-Out Burgers Inc (2020) 385 ALR 514, 533 [67] (Nicholas, Yates and Burley JJ) (‘Hashtag Burgers’) citing Australian Woollen Mills (n 13), 657.

1. The Opponent submits that the Trade Mark and its trade mark 1883953 feature the word WORX, which considered on its own is an unusual and distinctive word that is not a common English word of ordinary meaning or usage. The other words comprised in the Trade Mark, being THIS and FOR are generic and non-distinctive words. Given the inventive and inherently distinctive nature of WORX in both trade marks, they are likely to be recalled in the same way and by reference to WORX, and therefore confused as a result.

2. The word WORX is the only element of the Opponent’s trade mark 1883953 and therefore it is plain that it is the impression that a person of ordinary intelligence would have of it. The word WORX has no dictionary meaning and although it is phonetically identical to the word WORKS, in and of itself the word WORX is unusual and inherently distinctive in the context of vacuum cleaners.  

3. The Trade Mark is a three word phrase THIS WORX FOR. While I note there is no space between the words THIS and WORX, I consider this feature inconsequential, especially as it does not affect the key visual and aural feature of the Trade Mark being the word WORX.  

4. The first element in the Trade Mark is the pronoun THIS which can be used to identify a thing close at hand and when used at the start of the phrase is a descriptive word that qualifies the distinctive word WORX. The preposition FOR at the end of the phrase suggests the likely impression of the words THIS WORX FOR in relation to the Applicant’s Goods is that of a particular WORX product that is produced for or aimed at cleaning cars.

5. The Trade Mark does not, as a whole, convey a conceptual meaning that is sufficiently different to that conveyed by the Opponent’s trade mark 1883953. The Trade Mark is for a phrase that is not complete and this would be obvious to consumers, leaving them focused on the distinctive feature WORX. Because consumers are more likely to recollect and focus on the common element WORX there would be a real tangible danger of deception or confusion arising, in that consumers would have cause to wonder whether the Applicant’s Goods originate from the same trade source or are related to the goods bearing the Opponent’s trade mark 1883953.  

6. I find the requirements of s 44(1) satisfied. For completeness, the Applicant has not filed any evidence that would permit a finding of honest concurrent use or prior use.[23] Nor has the Applicant drawn my attention to any other relevant circumstances that may be considered under s 44(3)(b).

   [23] Sections 44(3)(a) and 44(4).

7. Therefore, the s44 ground of opposition has been established. 

Decision

1. Section 55 provides:

   55  Decision

   (1)  Unless subsection (3) applies to the proceedings, the Registrar must, at the end, decide:

   (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.

2. The Opponent has established a ground of opposition in respect of all the Applicant’s Goods. Therefore, I refuse to register trade mark number 2326707. If the Registrar is served with a notice of appeal, I direct that the disposition of the Application should be in accordance with the Court’s order or direction.

Costs

1. Both parties sought an award of costs. It is usual for costs to follow the event, and I see no reason to depart from that principle here. I award costs against the Applicant under s 221 in line with Schedule 8 of the Regulations.

Louise Tuohy

Hearing Officer

Delegate of the Registrar of Trade Marks

18 December 2024

Annexure A

Trade mark number and filing date	Trade mark	Specification
923116 13.8.2002	Class 7: Agricultural machines namely lawnmowers, woodworking machines, grass shears, garden tools; pumps not being for supply of air and compressed air; electric hammers; electric drills; electric shears; electric saws; electric grinders; electric angle grinders; electric sanders; electric wrenches; electric screwdrivers; electric planers; electric routers; electric branch cutters; electric hedge trimmers; electric tackers; electric rotary hammers; electric breakers; electric marble cutters; electric wet grinders; electric sprayguns; electric plastic welders; portable power tools namely drills, saws and hammers; all being goods included in class 7
1015065 (IR 828837) 19.12.2003	Class 7: Agricultural machines; woodworking machines; planing machines; saws (machines); engraving machines; electric kitchen machines; elevating apparatus; cutting machines; apparatus for dressing; metalworking machines; machine tools for drilling; machines and apparatus for polishing (electric); hand-held tools, other than hand-operated; spray guns for paint; starters for motors and engines; pumps (parts of machines, engines or motors); compressed air machines; electric welding machines; machines and apparatus for cleaning (electric); electric shoe polishers; electric disintegrators; hydraulic door openers and closers (parts of machines) Class 8: Abrading instruments (hand instruments); agricultural implements (hand-operated); garden tools (hand-operated); hand-operated hand tools; drills; hand-operated guns for the extrusion of mastics; hand-operated lifting jacks; lawn clippers (hand instruments); pruning knives; table cutlery (knives, forks and spoons)
1031661 26.11.2004	WORX	Class 9: Telephones, television; camcorders; digital cameras; battery chargers not specially designed for bicycles, electric-bicycles, stationary bicycles, motorcycles, mopeds; battery packs not specially designed for bicycles, electric-bicycles, stationary bicycles, motorcycles, mopeds; electric iron; scanners; electric dictionary; measuring apparatus; range finders; optical lenses; relays; facsimile machines; cameras (photography); video cameras; electric door openers; electric door closers; electroplating apparatus; projectors; spirit levels; commutators; electric arc cutting apparatus; electric door bells; films; microphones; optical apparatus and instruments; radios; remote control apparatus; camera; optical lenses; tripods for cameras; photographic instruments; photographic specialities and supplies; photographic lenses; photographic cameras; cinematographic cameras; photographic printers; enlargers; printing frames; protective knee pads for workers Class 11: Electric lights; refrigerators; air conditioners; clothes dryers; dishwashing machines; washing machines; water heaters; hair dryers; electric coffee machines; electric egg boilers; roasters; electric cooking machines; hair dryers; sterilizers; electric laundry dryers; microwave ovens Class 18: Bags; wallets; tool bags sold separately; tool pouches sold empty; sport bags; travelling bags; haversacks; tool carriers; luggage; belts; suitcases; umbrellas; walking sticks Class 20: Tool boxes; plastic tool boxes; workboxes; containers; plastic boxes; garden furniture; signboards; tool handles not of metal; sleeping bags for camping
1044868 7.3.2005	WORX REVOLVER	Class 7: Portable power tools; benchtop power tools; lawn and garden power tools; drilling machines; drill bits (parts of machines); drill press; drill chucks (parts of machines); drill bits sharpeners (machines); electric saws (machines); saw blades (parts of machines); electric grinders (machines); abrasive wheels; electric sanders; abrasive disks; machines and apparatus for polishing; buffers; planers; thickness planers; routers; hot air guns; hot glue guns; blowers; edgers; electric lawn mowers; garden shredders; jacks (machines); lathe (machine tools); spray guns for paint; electric wrenches; blade sharpeners (machines); angle cutters; shears (electric); engraving machines; electric welding machines; agricultural machines; shoe polishers (electric); electric screwdrivers; grass trimmers (electric); hedge trimmers (electric); and parts and fittings for all the above goods Class 8: Hand tools and hand instruments including: drills; screwdrivers; saws and saw blades; grinders; sanders; can openers; hammers; hand jacks; planers; routers; wrenchers; nippers; punches; shears; pruning knives; tool belts; tool holders; garden tools; abrading instruments; glue guns; knives; knife sharpeners; grass trimmers (manual) hedge trimmers (manual); nailers; tackers; staplers; sharpening instruments; and parts and fittings for all the above goods
1696291 27.5.2015	WORX	Class 12: wheeled carriers; multipurpose wheeled carriers in this class; carts for garden use; wheelbarrows; wheelbarrows for garden use; trolleys; trolleys (mobile carts); carts; hand cars; dollies (trolleys); parts, fittings, attachments and accessories for all the foregoing; kits for converting wheelbarrows into hay wagons; kits for converting wheelbarrows into garden carts
1870951 6.9.2017	I-WORX	Class 7: Machine tools; machine coupling and transmission components (except for land vehicles); agricultural, earthmoving, construction, oil and gas extraction and mining equipment; agricultural implements other than hand-operated; cultivators (machines), scarifiers, power tillers, power-operated sprayers, spreaders (machines), fertilizer spreading machines; incubators for eggs; pumps; moving and handling equipment; generators, current generators, electricity generators, solar-powered electricity generators; machines and machine tools for material processing and production; machines for processing of wood; machines for machining metals; dispensing machines; sweepers; machines and apparatus for cleaning; washing apparatus; electric power operated tools, especially wrenches (machines), electric hammers, drilling machines, impact drills, hammer drills, drill press, screwdrivers, drill bits, sharpeners (sharpening machines), saws (machines), grinders (machines), sanders, polishers, shoe polishers, buffers, cutting machines, routers, planers, hot air guns, hot glue guns, engraving machines, nailers, tackers, staplers, air compressors, electric welding machines, lathes; electric power operated and gasoline engine power operated garden tools, especially, tree pruners (machines); blowers, shears, grass trimmers, hedge trimmers, chain saws, lawn mowers, garden pumps, garden shredders, high pressure washers, vacuum cleaners, road sweepers, snow throwers, swimming pool cleaning machines; pneumatic tools, especially, welding apparatus, pneumatic guns, impact wrenches, screwdrivers, drillings, spray guns, scissors, shovels, grinding machines, nailing guns; motors and engines not for land vehicles, gasoline engines not for land vehicles; spray guns for paint, jacks; robots (machines), robotic jigsaw machines, robotic motor hand saws, robotic electric hand drills, robotic cleaning machines, robotic cleaners for household purposes, robotic mechanisms used in agriculture, robotic lawnmowers, robotic painting machines, robotic swimming pool cleaning machines; compressing fans, fans for motors and engines, fans being parts of machines, agriculture machines; woodworking machines; planing machines; engraving machines; electric kitchen appliances, namely, mixers, electric food blenders, electric food grinders for commercial, industrial or domestic uses, electric food slicers, electric food choppers, electric egg beaters, electric can openers, electric fruit peelers, electric juice extractors, electric juicers, electric knife sharpeners, electric pasta makers for domestic use, electric vegetable peelers, electric food processors; elevating apparatus; apparatus for dressing; metalworking machines; electric machines and apparatus for polishing; portable power tools; hand-held power tools, other than hand-operated; electric spray guns; electric plastics welders; electric sand-blasting apparatus; sand paper grinding machines, grass shears; high pressure cleaners; starters for motors and engines; electric disintegrators; hydraulic door openers and closers (parts of machines); 3D printers; power operated brushing machines; electric cleaning machines and devices; parts fittings and accessories in this class for the aforesaid goods Class 8: hand tools and implements (hand-operated); cutlery; side arms; razors; hand-operated implements and tools for material processing and construction, repair and maintenance; hand held tools, especially, drills, screwdrivers, drill bits, screwdriver bits, saws, saw blades, grinders, grinding wheels, sanders, sanding discs, abrading discs, hammers, hand jacks, planers, routers, wrenches, nippers, punches, pruning knives; tool belts; tool holders; gardening tools, especially, rakes, shovels, lawn edgers, hoes, cultivators, clippers, spades; manual adhesive extruding guns; vices; metal vice jaws; non electric tools not included in other classes; abrading instruments (hand instruments); agricultural implements (hand-operated); fertilizer spreaders (hand-operated); garden tools (hand-operated); edge trimmers; pruning shears; hand-operated lifting jacks; lawn clippers (hand instruments); pruning knives; tableware (knives, forks and spoons); parts, fittings and accessories in this class for the aforesaid goods
1883953 1.11.2017	WORX	Class 7: Machine tools; machine coupling and transmission components (except for land vehicles); agricultural, earthmoving, construction, oil and gas extraction and mining equipment; agricultural implements other than hand-operated; cultivators (machines); scarifiers; power tillers; power-operated sprayers; spreaders (machines); fertilizer spreading machines; incubators for eggs; pumps; moving and handling equipment; generators; current generators; electricity generators; solar-powered electricity generators; machines and machine tools for material processing and production; machines for processing of wood; machines for machining metals; dispensing machines; sweepers; machines and apparatus for cleaning; washing apparatus; electric power operated tools; wrenches (machines); electric hammers; electric drilling machines; impact drills; hammer drills; drill presses (machines); electric screwdrivers; drill bits; sharpeners (sharpening machines); saws (machines); grinders (machines); sanders (machines); polishers (electric); shoe polishers (electric); buffers (power operated); cutting machines; routers; planers; hot air guns (electric); hot glue guns; engraving machines; nailing machines; tackers; staplers (electric); air compressors; electric welding machines; lathes; electric power operated and gasoline engine power operated garden tools; powered gardening tools; pruners (machines); blowers (machines); shears (electric); grass trimmers; hedge trimmers; chain saws; lawn mowers; garden pumps; garden shredders; high pressure washers; vacuum cleaners; road sweepers; snow throwers; swimming pool cleaning machines; pneumatic tools; welding apparatus; pneumatic guns; pneumatic impact wrenches; pneumatic screwdrivers; pneumatic drills; spray guns; pneumatic scissors; pneumatic shovels; pneumatic grinding machines; pneumatic nailing guns; motors and engines not for land vehicles, gasoline engines not for land vehicles; spray guns for paint; jacks; robots (machines); robotic jigsaw machines; robotic motor hand saws; robotic electric hand drills; robotic cleaning machines; robotic cleaners for household purposes; robotic mechanisms used in agriculture; robotic lawnmowers; robotic painting machines; robotic swimming pool cleaning machines; compressing fans; fans for motors and engines; fans being parts of machines; agriculture machines; woodworking machines; planing machines; engraving machines; electric kitchen appliances, namely, food mixers; electric food blenders; electric food grinders for commercial, industrial or domestic uses; electric food slicers; electric food choppers; electric egg beaters; electric can openers; electric fruit peelers; electric juice extractors; electric juicers; electric knife sharpeners; electric pasta makers for domestic use; electric vegetable peelers; electric food processors; elevating apparatus; apparatus for dressing; metalworking machines; electric machines and apparatus for polishing; portable power tools; hand-held power tools, other than hand-operated; electric spray guns; electric plastics welders; electric sand-blasting apparatus; sand paper grinding machines grass shears (other than hand operated); high pressure cleaners; electric breakers; starters for motors and engines; electric disintegrators; hydraulic door openers and closers (parts of machines), 3D printers; power operated brushing machines; electric cleaning machines and devices; automatic vending machines; parts fittings and accessories in this class for the aforesaid goods Class 8: Hand tools and implements (hand-operated); cutlery; tableware (knives, forks and spoons); side arms, other than firearms; razors; hand-operated implements and tools for material processing and construction, repair and maintenance; hand held tools, hand operated; drills; screwdrivers; drill bits for hand operated tools; screwdriver bits for hand operated screw drivers; hand operated saws; saw blades for use with hand operated tools; grinding wheels (hand tools); hand operated sanders; sanding discs for use with hand operated tools; abrading discs for use with hand operated tools; hammers (hand operated); hand operated jacks; planes; routers (hand operated); wrenches (hand tools); nippers; punches (hand tools); pruning knives; tool belts tool holders for hand operated tools; non-electric gardening tools; rakes (hand tools); shovels (hand tools); hand operated lawn edge trimmers; hoes (hand tools); lawn clippers (hand operated); spades (hand tools); manual adhesive extruding guns; vices; non electric tools not included in other classes; abrading instruments (hand instruments); agricultural implements (hand-operated), fertilizer spreaders (hand-operated); garden tools (hand-operated); pruning shears; hand-operated lifting jacks; parts, fittings and accessories in this class for the aforesaid goods Class 9: Magnetic data carriers; recording discs; fire-extinguishing apparatus; application software; internal fans for computers; computer software; computer software applications; software; downloadable software; downloadable mobile applications; application software for smart phones; application software for mobile phones, tablets, laptops and computers; downloadable mobile and computer software for power tools and gardening tools, especially as control system; software for remote controls; protective knee pads; goggles; protective goggles; clothing for protective or safety purpose; gloves for protective or safety purpose; parts, fittings and accessories in this class for the aforesaid goods Class 11: Electrically heated clothing; electrically heated clothing for protective or safety purposes; electrically heated gloves for protective or safety purposes; apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; agricultural irrigation units; air purifiers; electric cool boxes; robots for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; electric fans; ventilating fans; tanning apparatus; filters for industrial and household use; parts, fittings and accessories in this class for the aforesaid goods Class 12: Vehicles; apparatus for locomotion by land, air or water; push scooters; electrically powered stand-up scooters without seat; vehicle tyre deflators, tyre inflators; unmanned delivery robots; drones; wheeled carriers; multipurpose wheeled carriers in this class; carts for garden use; wheelbarrows; wheelbarrows for garden use; trolleys; carts; hand cars; dollies (trolleys); kits for converting wheelbarrows into hay wagons; kits for converting wheelbarrows into garden carts; parts, fittings and accessories in this class for the aforesaid goods; none of the aforementioned being any bicycles, bicycle frames, bicycle parts or bicycle-related goods within this class Class 20: Furniture; mirrors; picture frames; non-metal ladders and movable steps; non-metal tool boxes; saw horses; multipurpose saw horses with non-metal clamps; workbenches; worktables; industrial worktables; workstations having multi-use work surfaces; portable work tables; saw tables for clamping and holding saws; workbench accessories, namely attachable work tables and saw horses; parts, fittings and accessories in this class for the aforesaid goods Class 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials; parts, fittings and accessories in this class for the aforesaid goods Class 28: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees; toy robots; ball inflators; parts fittings and accessories in this class for the aforesaid goods Class 37: Building construction; repair, installation and maintenance services Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software
1994506 1.11.2017	WORX	Class 6: Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery; small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores in this class; ladders of metal; ladders mainly made of metal; scaffolding of metal; steps of metal; aluminium ladders; ladder hooks of metal; Bins of metal; Chests of metal; Tool boxes of metal, empty; Nozzles of metal; Jets of metal; Junctions of metal for pipes; Valves of metal, other than parts of machines; vice jaws of metal Class 9: Buffers (electric); Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; detection apparatus; electronic stud finders; stud detectors; mechanisms for coin-operated apparatus; cash registers; calculating machines; data processing equipment and computers; calculators; printers; smart watches; electrical inverters; battery chargers not specially designed for bicycles, electric-bicycles, stationary bicycles, motorcycles, mopeds; battery jump starters not specially designed for bicycles, electric-bicycles, stationary bicycles, motorcycles, mopeds; electronic surveillance apparatus; surveillance robots; humanoid robots with artificial intelligence; robotic electrical control apparatus; speakers; radios; remote controls; remote control apparatus; remote control apparatus for garden tools and power tools; GPS tracking and location devices; measuring instruments and apparatus; levels (instruments for determining the horizontal); laser measuring instruments; battery packs not specially designed for bicycles, electric-bicycles, stationary bicycles, motorcycles, mopeds; batteries not specially designed for bicycles, electric-bicycles, stationary bicycles, motorcycles, mopeds; electrical power supplies (other than generators) not specially designed for bicycles, electric-bicycles, stationary bicycles, motorcycles, mopeds; electric power converters; parts, fittings and accessories in this class for the aforesaid goods
2304195 29.9.2022	WORXNITRO	Class 7: power-operated tools; incubators for eggs; automatic vending machines; machine tools; hand-held tools, other than hand-operated; apparatus for dressing; apparatus for machining; handling apparatus for loading and unloading; elevating apparatus; lifting apparatus; machines and apparatus for polishing (electric); electric welding apparatus; electric arc cutting apparatus; power-operated lawn and garden tools, especially, lawn mowers, grass trimmers, weed trimmers, hedge trimmers, blowers, shredders, chain saws, lawn edgers, cylinder mowers; electric pumps; fountain pumps; submersible pumps; compressed air pumps; multi-purpose high pressure washers; portable electric power generators; metalworking machines; woodworking machines; cutting machines; power-operated wrenches; electric hammers; power-operated sharpeners; power-operated buffers, being power tools; power-operated routers; power-operated grinders; power-operated sanders; power-operated polishers; power-operated planers; hot adhesive guns (electric); power-operated staple guns; electric caulking guns; power-operated impact wrenches; power-operated grinding machines; oscillating multi-purpose power tool used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; power tool accessories, especially, drill bits for power-operated drills; screwdriver bits for power-operated screwdrivers; saw blades for circular saws; sanding belts, discs and pads for power-operated sanders and power-operated oscillating multi-purpose tools; cutting blades for oscillating multi-purpose power tools used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; cutting discs for circular saws; carbide rasps for oscillating multi-purpose power tools used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; router bits for power-operated routers; grinding wheels and abrasive wheels for power-operated angle grinders; sanding sheets for power-operated sanders; polishing pads for power-operated sanders and oscillating multi-purpose tools; sanding pads for power-operated sanders and power-operated angle grinders; power-operated profile sanders; power-operated high pressure washers; carpet cleaning machines; steam cleaning machines; floor cleaning machines; household cleaning robots with artificial intelligence; hoses for vacuum cleaners; steam cleaning machine parts, especially, suction nozzles, brushes, hoses; power-operated tree pruners; robotic lawn mowers; electric sweepers; power operated brushing machines; garden tool accessories for electric tools, especially, spools, edging wheels for grass trimmers; accessories for power-operated chain saws, especially, bars, chains, extension poles; accessories for electric lawn mowers, especially, blades, grass catching boxes; accessories for power-operated blowers, especially, bags, leaf collection bags, gutter cleaning kits, inflators, air deflators; accessories for power-operated pressure cleaners, especially, hoses, nozzles, brushes, soap bottles, water buckets; vacuum cleaners; robotic cleaners, especially, robotic vacuum cleaners, robotic floor cleaning machines, robotic road sweeping machines, robotic steam cleaners; brushes for vacuum cleaners; robotic snow throwers; robotic grass trimmers; robotic weed trimmers; electric lawn trimmers; robotic lawn trimmers; power-operated lawn and garden string trimmers; robotic lawn and garden string trimmers; robotic watering machines; power-operated spray guns; electrically-operated brushes, being parts of machines; bits for power drills; tool bits for machines; power-operated nailing guns; power-operated snow throwers; power-operated car polishers; electric glue guns; spray guns for paint; steam mops; electric tire inflators; power-operated impact drills; power-operated hammer drills; electric shears; electric garden shredders; power-operated jig saws; power-operated reciprocating saws; power-operated circular saws; none of the foregoing being or comprising motor vehicles or parts for motor vehicles Class 9: Scientific, research, audiovisual, weighing, signalling, testing and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; breathing apparatus for underwater swimming; fire-extinguishing apparatus; batteries; electrical adapters; batteries, electric, for vehicles; battery packs; battery boxes; battery chargers; plates for batteries; galvanic batteries; ignition batteries; solar batteries; lithium ion batteries; battery charge devices; solar-powered battery chargers; wireless battery chargers; wireless chargers; batteries for use with mobile telecommunication devices; battery charging devices for motor vehicles; rechargeable batteries; charging stations for electric vehicles; wireless charging pads for smartphones; charging appliances for rechargeable equipment; electronic device to charge and secure tablet PCs; chargers for electric accumulators; power adapters; power inverters; electric switches; power switches; electric converters; electric power converters; DC/AC power converters; calculating machines; loud speakers; wireless indoor and outdoor speakers; audio speakers; portable vibration speakers; metal detectors; dust measuring apparatus; surveyors' levels; bubble levels; spirit levels; carpenter's levels; electric charging cables; security mirrors for surveillance