Re Application by VIVATICKET SPA for extension of time to request hearing and file submissions in connection with a proposal to cease protection in Australia of International Registration Designating Australia..

[2019] ATMO 179

TRADE MARKS ACT 1995

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

Re       Application by VIVATICKET SPA for extension of time to request hearing and file submissions in connection with a proposal to cease protection in Australia of International Registration Designating Australia 1398063 (9, 35, 37, 41, 42) – VIVATICKET (Australian Trade Mark Application No. 1920912) - in the name of VIVATICKET SPA

Delegate:      Nicholas Smith

Representation:        Holder: Andrew Fox of Counsel instructed by Wadeson IP Pty Ltd

Decision:      2019 ATMO 179

Trade Marks Act 1995 (Cth) – Application to be heard in respect of an extension of time under s 224 to file submissions and request a hearing in respect of a proposal by the Registrar to cease protection of the IRDA – s 224(1) error or omission of the Registrar not established - s 224(2)(a) error or omission of the Holder established but discretion not exercised – s 224(3) discretion not exercised – extension refused

Background

This decision concerns an application to extend protection in Australia for the International Registration Designating Australia (‘IRDA’), details of which appear below in the name of VIVATICKET SPA (‘Holder’). The Holder seeks an extension of time under s 224 of the Trade Marks Act 1995 (Cth) (‘Act’) to file submissions and request a hearing in respect of a proposal to cease protection of the IRDA. 

Application Number:

1920912

IR Number

1398063

Filing/Priority Date:

3 November 2017

Goods and Services:

See Annexure 1 (‘Holder’s Goods and Services’)

Trade Mark:

VIVATICKET

(‘the Trade Mark’)

Chronology

On 4 February 2019, IP Australia communicated to the Holder that the IRDA had been accepted for protection in Australia, subject to advertisement and any oppositions filed to extension of protection by a third party within the 2 month requirement.  However due to a technical issue the advertisement did not take place as anticipated in February.  On 31 March 2019 and 5 April 2019, IP Australia advertised in the Australian Official Journal of Trade Marks its intention to extend protection to Australia for the IRDA.  On 9 April 2019 IP Australia issued a correction indicating that the 5 April 2019 application accepted notice was null and void.  However the Australian Trade Marks Search website maintained by IP Australia listed 5 April 2019 as the date of advertisement, such that any third party would consider that they had until 5 June 2019 to file an opposition to the extension of protection to the IRDA.  On 1 June 2019, IP Australia notified the Holder that protection in Australia had been extended to the IRDA.  On 5 June 2019 a prospective opponent, Qantas Holidays Limited, filed a Notice of Intention to Oppose the extension of protection of the IRDA. 

On 18 June 2019, a Deputy Registrar of Trade Marks issued a letter to the Holder which, paraphrased, stated that as the date on which the IRDA was formerly advertised was 5 April 2019, the Notice of Intention to Oppose was validly filed and the Deputy Registrar was satisfied that the IRDA should not have been protected.  The Deputy Registrar then proposed to cease protection of the IRDA as provided for by Regs 17A.42A to 17A.42F of the Trade Marks Regulations 1995 (Cth) (‘Regulations’) but provided both the Holder and the prospective opponent until 16 July 2019 to provide any submissions as to whether this course of action was appropriate as the Registrar was required to take all surrounding circumstances into account when making the decision to cease protection.

On 16 July 2019, the prospective opponent provided submissions as sought by the Deputy Registrar.  The Holder did not respond to the 18 June letter by the 16 July deadline.  On 1 August 2019 the Deputy Registrar wrote to the Holder and stated:

•         that the Holder had not lodged any submissions in response to the 18 June letter;

•         that the Deputy Registrar intended to cease protection of the IRDA on 29 August 2019; and

•         if the Holder wished to be heard on the issue of the cessation of protection, it must request a hearing.

The Holder did not respond to either the 18 June or 1 August letters (collectively the ‘Proposal to Cease Protection’) and on 29 August 2019 a letter was sent to the Holder indicating that protection of the IRDA in Australia had ceased.

On 20 September 2019, following telephone communications between the Holder’s representative and IP Australia, the Holder wrote to IP Australia requesting a hearing regarding the Proposal to Cease Protection.  The 20 September letter noted that no deadline had been set in the letter of 1 August for a hearing to be requested (though the letter clearly indicated that absent a request for a hearing, protection of the IRDA would cease on 29 August 2019).  On 24 September 2019, this office replied to the Holder’s letter, refusing a request for a hearing, noting that the parties had an opportunity to request a hearing in this matter anytime between 18 June 2019 to 28 August 2019.

On 24 September 2019 the Holder filed an application (with accompanying submissions) under ss 224(1), (2) and (3) of the Act to extend to 1 October 2019 the time to file submissions and request a hearing in respect of the Proposal to Cease Protection. On 1 October 2019 the Holder filed a second application under ss 224(1), (2) and (3) of the Act, that was for all relevant purposes identical to the 24 September 2019 application, save that instead of seeking an extension to 1 October 2019, it sought an extension to 1 November 2019 to file submissions. For administrative ease I shall treat these applications as a single application (the ‘EOT application’) seeking extension to 1 November 2019 to file submissions and request a hearing in respect of the Proposal to Cease Protection.

On 15 October 2019 the Holder filed evidence in support of the EOT application being the Declaration of Belinda Wadeson, the Holder’s representative, made on 15 October 2019 with annexures BJW-1 to BJW-24 (‘Wadeson 1’).  The Wadeson declaration was accompanied by a chronology and a cover letter containing further submissions.  The submissions, and some of the evidence in Wadeson 1, relate to the Proposal to Cease Protection and not the EOT application and hence for the purposes of this decision I have only had regard to the material in Wadeson 1 relevant to the EOT application.  On 27 October 2019 the Holder filed further evidence in respect of the EOT application, being a second Declaration of Belinda Wadeson made on 27 November 2019 with annexures BJW-26 to BJW 42 (‘Wadeson 2’) (collectively ‘Wadeson Declarations’)

The matter was then listed for hearing before me on 4 December 2019.  I heard the EOT application in Sydney as a delegate of the Registrar.  The Holder was represented by Andrew Fox of Counsel instructed by Belinda Wadeson of Wadeson IP Pty Ltd.  For completeness I note that this hearing and decision only concerned the EOT application and not the Proposal to Cease Protection.

Applications for extension of time under s 224 of the Act

Section 224 is reproduced below:

Section 224 – Extension of time

(1)       The Registrar must extend the time for doing a relevant act that is required by this Act to be done within a certain time if the act is not, or cannot be, done within that time because of an error or omission by:

(a)       the Registrar or a Deputy Registrar; or

(b)       an employee; or

(c)       a person providing, or proposing to provide, services for the benefit of the Trade Marks Office.

(2)       If, because of: 

(a)       an error or omission by the person concerned or by his or her agent; or

(b)       circumstances beyond the control of the person concerned;

a relevant act that is required by this Act to be done within a certain time is not, or cannot be, done within that time, the Registrar may, on application made by the person concerned in accordance with the regulations, extend the time for doing the act.

(3)       If: 

(a)       a relevant act that a person is required by this Act to do within a certain time is not, or cannot be, done within that time; and

(b)       on application made by that person in accordance with the regulations, the Registrar is of the opinion that special circumstances exist that justify an extension of that time;

the Registrar may extend the time for doing the act.

(3A) If the Registrar has revoked the registration of a trade mark, he or she may extend the time for doing a relevant act that is required by this Act to be done within a certain time in connection with the application for registration of the trade mark.

(4)       The time allowed for doing a relevant act may be extended, whether before or after that time has expired.

(5)       If an application is made under subsection (2) or (3) for an extension of time for more than 3 months, the Registrar must advertise the application in the Official Journal. 

Note:  For month see section 6.

(6)       A person may, as prescribed, oppose the granting of the application.

(7)       An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Registrar not to extend the time for the doing of a relevant act.

(8)       In this section: 

relevant act means: 

(a)       any act (other than a prescribed act) done in relation to a trade mark; or

(b)       the filing of any document (other than a prescribed document); or

(c)       any proceedings (other than court proceedings).

S224(1) of the Act

The Holder submits that there are three errors or omissions by IP Australia that require the Registrar, under s224(1) of the Act, to extend the time for the Holder to file submissions and request a hearing in respect of the Proposal to Cease Protection. They are:

(a) That the Registrar made an error in notifying the prospective opponent of the deadline to oppose the extension of protection of the IRDA. I do not accept the Holder’s submission that this error justifies the application of s224(1) as this error, or any error in connection with the notification of extension of protection or the deadline to file an opposition, has no causal connection to the Holder failing to file submissions or seek a hearing in respect of the Proposal to Cease Protection.

(b) That the Registrar made an error in associating the Proposal to Cease Protection with the potential opposition.  The Holder submits that in referring, on 18 June 2019, to the proposing to cease protection on the basis that a valid Notice of Intention to Oppose had been received, the Registrar indicated that cessation would cause the IRDA to revert to accepted and not cease in its entirety. 

I do not accept the Holder’s submissions on this point as the Holder failed to identify any error actually made by the Office; at no point in the correspondence does this office indicate, either explicitly or implicitly, that cessation would cause the IRDA to revert to accepted rather than protection cease entirely.

For clarity I note that had the Trade Mark been the subject of a standard application and not a request to extend protect of an IRDA, the relevant provisions applying would be ss 84A to 84D of the Act and that the effect of s 84C is that if registration is revoked the registration becomes a trade mark application followed by possible opposition or revocation of acceptance with re-examination. The provisions under which the Registrar ceases protection of an IRDA, being Reg 17A.42A to 17A.42D of the Regulations, differ from ss 84A to 84D and do not provide for this; rather protection is ceased and the Holder must file a new request for extension of protection. The 18 June letter and all subsequent correspondence from the Registrar clearly referred to the correct provisions of the Regulations and the Holder does not identify any positive duty placed on the Registrar, in respect of the applications of the regulations governing IRDAs, to inform parties when these provisions differ from the similar provisions under the Act. Nor did the Holder correspond with the Registrar between 18 June and 31 August such that the Registrar could have been aware of any misapprehension.

(c) That the Trade Marks Office omitted to provide the Holder with a copy of the prospective opponent’s Statement of Grounds and Particulars (‘SGP’).  The Holder submits that it was awaiting notification of the prospective opponent’s case via its SGP.  I do not accept the Holder’s submissions on this point as the submissions sought on 18 June 2019 regarding the Proposal to Cease Protection were in respect of other circumstances that would be relevant to the Proposal to Cease Protection; the scope of the Opponent’s opposition was and remains irrelevant.  There was both no error by the Registrar in failing to provide the Holder with a copy of the SGP, nor could such an error have affected the nature of submissions made by the Holder or the outcome of the Proposal to Cease Protection.

I am not satisfied that there were any errors or omissions by IP Australia that require the Registrar, under s224(1) of the Act, to extend the time for the Holder to file submissions and request a hearing in respect of the Proposal to Cease Protection.

S224(2) of the Act

I next consider the application of s224(2) of the Act to the EOT application. This provision is a discretionary provision that allows the Registrar to, inter alia, extend the prescribed period if, because of an error or omission, a relevant act was not within the prescribed period.  Importantly in order for the EOT application to be granted the Registrar must be satisfied that the exercise of the discretion in favour of the Holder is appropriate. 

Guidance regarding the nature of ‘error or omission’ as it pertains to s 224 may be found in the decision in Kimberly-Clark Ltd v Commissioner of Patents (No 3). In that case His Honour considered the meaning of those words as they appeared in s 160(2) of the Patents Act 1952 (Cth) which is the equivalent provision to s224 in the Act. His Honour found that a simple failure to do a required act cannot in itself be the error or omission ‘by reason whereof the failure occurred’. Further:

By no means every judgement by ‘the person concerned’ or by ‘his agent or attorney’ which can be shown to have been mistaken will answer the description ‘error or omission’ in the ordinary meaning of those words, which in their context carry, in my opinion, a connotation of obviousness of error.

and

...an applicant would, in my opinion, have to go beyond a disclosure of the processes by which an agent’s error came to be committed, and would have to expose frankly, inter alia, all the conduct, knowledge, beliefs and mental processes (or, in the case of corporation aggregate, of the relevant offices and other agents) relevant to an understanding of the way the failure to do the act or take the step occurred, or relevant to an evaluation of the reasonableness of that conduct.

It is clear from Jenkinson J’s referred to above that an application for an extension of time based on ‘error or omission’ requires significant detail of the circumstances of the error or omission relied upon by an applicant for extension. This includes details of the processes by which an agent’s errors or omissions came to occur, and the conduct, knowledge, beliefs and mental processes of the Holder.  It is also necessary for the Registrar to be satisfied that there is a causal relationship between the error and omission relied upon and the failure to do the relevant act in the time required.

The Holder provides detailed, direct and candid evidence that that its representative had a mistaken belief that, if IP Australia chose to cease protection of the IRDA, the IRDA would revert to ‘accepted’ status and that an opposition proceeding brought by the prospective opponent would take place.  The Holder’s representative states that she was aware of the recent case of Foxtel Management Pty Limited v Registrar of Trade Marks and considered that it was an example of the standard approach taken by the Registrar, notwithstanding that the case referred to referred to a revocation under s 84A of the Act. She had experience of Registrar practice following revocation of a trade mark but no corresponding experience following cessation of protection. She notes the unusual circumstances of this case, whereby the act that prompted the Proposal to Cease Protection was the filing of a notice of opposition but the effect of the cessation was that the opposition would never be heard.

I note that the Part 62.8 of the publicly available Trade Marks Examiners Manual (‘Manual’) states that the process differs between a revocation under 84A and a cessation of protection under Reg 17A.42A however I do not think it is reasonable to assume that all who deal with IP Australia are familiar with the procedural complexities set out in the Manual.  I accept the evidence in the Wadeson Declarations that the Holder’s agent (and through it the Holder) had a genuine (and given the complexity, entirely understandable) misapprehension as to the effect of the Proposal to Cease Protection and they were not aware that the effect would be that all protection would cease and that the Holder would need to file a fresh request to extend protection to the IRDA.

The Holder’s agent then gives evidence, that, under the misapprehension referred to in the paragraph above (as advised to the Holder by its agent), the Holder made the decision not to respond to the Proposal to Cease Protection and allow it to go ahead uncontested.  The Holder’s agent was of the view that the prudent action for her client was not to contest the Proposal to Cease Protection but instead focus on contesting the opposition proceeding in respect of the IRDA that she mistakenly understood would occur following the cessation of protection.  I accept the Holder’s evidence on this point; such a course of action would have been a standard and prudent course of action were the processes following a cessation of protection under Reg 17A.42A the same as those following revocation under 84A.  This approach would allow the issues between the Holder and the prospective opponent to be resolved faster and more cheaply than by incurring further expense in contesting the Proposal to Cease Protection.

In summary, I am satisfied from the evidence before me that the Holder was under the misapprehension that by not opposing the Proposal to Cease Protection it was merely allowing that the IRDA to revert to acceptance and that the prospective opposition proceeding to commence. Furthermore I am satisfied that this error was the reason that the Holder did not respond to the Proposal to Cease Protection – were the Holder aware of the more significant consequences of the Proposal to Cease Protection it undoubtedly would have put on evidence and submissions similar to that in Wadeson 1. I find that this is a genuine error by the Holder’s agent under s 224(2)(a) of the Act that resulted in submissions not being filed and a hearing not being requested in respect of the Proposal to Cease Protection.

However, that is not the end of the matter: as indicated above, s 224(2)(a) is a discretionary provision and the application of the Registrar’s discretion will be discussed below.

The Registrar’s discretion

Having found the there was a relevant error or omission under s 224(2)(a) it must now be considered whether it is appropriate to grant the extension. Hearing Officer Murray stated in Re Application by Hall that ‘all the relevant factors, and especially the relative inconvenience of the parties, and the public interest’ are to be taken into account in deciding whether to grant the extension. Ms Murray summarised ‘the most important factors to be considered’ as:

•         the relative inconvenience to the parties concerned, including whether the trade mark application has otherwise been prosecuted with due diligence; and

•         the public interest, including:

o    whether the applicant has continuously used its trade mark, and especially whether it has prior use;

o    the desirability of operating the trade mark system efficiently and without unreasonable delays.

Certain factors, where present, will typically preclude the exercise of the discretion entirely.  The granting of an extension of time is the granting of an indulgence, and an indulgence cannot be granted in certain circumstances.  Crucially, one of these circumstances is where the extension of time application relates to a matter where the Registrar has become functus officio.  That is, in the normal course, once a decision has been made it cannot be remade—even where a delegate has made an error (provided it falls within his or her powers to do so).

While not determinative, I note that the Holder has acted promptly in requesting a hearing and filing submissions shortly after the Holder’s representative became aware of their error. Furthermore there is some evidence before me that the Trade Mark has been used in Australia since 2006.  Finally I consider that there is a benefit to both a party seeking registration/extension of protection to be able to file submissions and the Registrar receiving such submissions in considering its actions.

However the matters considered in the above paragraph are of limited relevance when the granting of the EOT application would serve no practical purpose.  In the present case the EOT application, allowing the provision of submissions and a hearing in respect of the Proposal to Cease Protection, would only serve a practical purpose if the Registrar had the power to revive its protection of the IRDA that ceased on 29 August 2019.  If the Registrar lacks such a power then regardless of the merit of any submissions made by the Holder on the Proposal to Cease Protection, protection of the IRDA could not be revived.

I cannot find that the Registrar has the power to revive protection of the IRDA under the Act or Regulations. I note that the Act explicitly provides the Registrar with the power to revive a lapsed application (s 37(2)), or restore a mark that has been removed pursuant to an application for removal for non use (s 98). When the Registrar revokes a registered mark under ss 84A or 84B, the Act is explicit that the mark is returned to application stage. No similar provisions exist in respect of the cessation of protection to an IRDA pursuant to regs 17A.42A-F of the Regulations, which are the basis on which protection of the IRDA was ceased.

I turn now to whether the Registrar is functus officio with respect to the IRDA. There being no mechanism under the Act for revival of the protection granted, now ceased for the IRDA, all that is left to consider whether the decision to cease protection was not a decision at all. The question to be dealt with here is whether that 29 August 2019 decision was without legal foundation. The power to cease protection of a protected international trade mark is found in reg 17A.42A(1)(a) of the Regulations, with procedures surrounding the power set out in regs 17A.42A-F. Having reviewed the file there are no deviations from the process set out in those provisions, the reasons offered by the Deputy Registrar for ceasing protection appear reasonable in the circumstances and the Deputy Registrar herself, being a statutory officeholder under s 205 of the Act, had the power she purported to exercise. Given all of this, there is not any basis for setting aside the Deputy Registrar’s decision and as such granting the application for extension of time would not serve a purpose.

I consider that the application under s 224(2) should be refused on discretionary grounds. Since this discretion is also present in s 224(3), the application under that provision also fails. As for the application under s 224(1), I have not found any error or omission that caused the Holder to fail to respond to the Proposal to Cease Protection.

Decision

I refuse to extend the time for the Holder to file submissions and request a hearing regarding the Proposal to Cease Protection to 1 November 2019. 

The holder has 28 days from the date of this decision to seek a review of this decision with the Administrative Appeals Tribunal.

Nicholas Smith

Hearing Officer

Delegate of the Registrar of Trade Marks

17 December 2019

Annex 1 – Holder’s Goods and Services

Class 9: Coils, electric; particle accelerators; reflecting discs for wear, for the prevention of traffic accidents; protection devices for personal use against accidents; clothing for protection against accidents, irradiation and fire; accumulators, electric, for vehicles; batteries, electric, for vehicles; battery jars; accumulator jars; battery boxes; accumulator boxes; acidimeters for batteries; hydrometers; plates for batteries; whistle alarms; acoustic alarms; sound alarms; acoustic conduits; sound recording discs; phonograph records; speaking tubes; actinometers; adding machines; aerometers; enlarging apparatus [photography]; electro-dynamic apparatus for the remote control of railway points; magnets; electromagnetic coils; air analysis apparatus; alarms; alcohol meters; alidades; food analysis apparatus; igniting apparatus, electric, for igniting at a distance; electric apparatus for remote ignition; batteries for lighting; altimeters; asbestos gloves for protection against accidents; asbestos clothing for protection against fire; ammeters; amplifiers; amplifying tubes; amplifying valves; anemometers; calibrating rings; fire extinguishers; anodes; anode batteries; high tension batteries; antennas; aerials; anti-glare glasses; anti-glare visors; anti-dazzle shades; anti-interference devices [electricity]; transformers [electricity]; apertometers [optics]; money counting and sorting machines; distribution boxes [electricity]; surveying instruments; surveying chains; lenses for astrophotography; thermionic tubes; thermionic valves; audiovisual teaching apparatus; coin-operated musical automata [juke boxes]; juke boxes, musical; mechanisms for coin-operated apparatus; mechanisms for counter-operated apparatus; calipers; comparators; fire alarms; automatic indicators of low pressure in vehicle tires [tyres]; automatic indicators of low pressure in vehicle tires; automatic indicators of low pressure in vehicle tyres; protective suits for aviators; alarm bells, electric; rods for water diviners; life-saving rafts; scales; meteorological balloons; demagnetizing apparatus for magnetic tapes; tape recorders; magnetic tapes; barometers; tire heaters; chargers for electric batteries; betatrons; ticket dispensers; cabinets for loudspeakers; close-up lenses; terminals [electricity]; pressure indicator plugs for valves; galvanometers; push buttons for bells; branch boxes [electricity]; tone arms for record players; spirit levels; punched card machines for offices; sheaths for electric cables; frames for photographic transparencies; circular slide rules; slide-rules; calculating machines; slide calipers; jigs [measuring instruments]; blueprint apparatus; cinematographic cameras; capillary tubes; sound recording carriers; protective helmets; respiratory masks, other than for artificial respiration; solderers' helmets; eyeglass chains; spectacle chains; heat regulating apparatus; darkrooms [photography]; boiler control instruments; drying racks [photography]; editing appliances for cinematographic films; apparatus for editing cinematographic film; printed circuits; flashing lights [luminous signals]; blinkers [signalling lights]; signal bells; containers for microscope slides; collectors, electric; electric installations for the remote control of industrial operations; switchboxes [electricity]; commutators; marine compasses; eyepieces; thread counters; pedometers; counters; meters; metronomes; condensers [capacitors]; capacitors; conductors, electric; electricity conduits; circuit closers; connectors [electricity]; junction boxes [electricity]; switchboards; contacts, electric; apparatus to check franking; apparatus to check stamping mail; regulating apparatus, electric; monitoring apparatus, electric; speed checking apparatus for vehicles; converters, electric; photocopiers [photographic, electrostatic, thermic]; eyeglass cords; spectacle cords; retorts; retorts' stands; correcting lenses [optics]; objectives [lenses] [optics]; cosmographic instruments; diving suits; electric apparatus for commutation; switches, electric; limiters [electricity]; sockets, plugs and other contacts [electric connections]; plugs, sockets and other contacts [electric connections]; current rectifiers; cell switches [electricity]; reducers [electricity]; dressmakers' measures; crucibles [laboratory]; cupels [laboratory]; appliances for measuring the thickness of leather; cyclotrons; counterfeit [false] coin detectors; false coin detectors; shutter releases [photography]; densimeters; animated cartoons; laboratory trays; metal detectors for industrial or military purposes; sonars; detectors; shutters [photography]; diaphragms [acoustics]; centering apparatus for photographic transparencies; cameras [photography]; transparencies [photography]; slides [photography]; slide projectors; transparency projection apparatus; distance measuring apparatus; dictating machines; diffraction apparatus [microscopy]; loudspeakers; circuit breakers; record players; microscopes; dressmakers' measures; crucibles [laboratory]; cupels [laboratory]; appliances for measuring the thickness of leather; cyclotrons; counterfeit [false] coin detectors; false coin detectors; shutter releases [photography]; densimeters; animated cartoons; laboratory trays; metal detectors for industrial or military purposes; sonars; detectors; shutters [photography]; diaphragms [acoustics]; centering apparatus for photographic transparencies; cameras [photography]; transparencies [photography]; slides [photography]; slide projectors; transparency projection apparatus; distance measuring apparatus; dictating machines; diffraction apparatus [microscopy]; loudspeakers; circuit breakers; record players; microscopes; distance recording apparatus; apparatus for recording distance; range finders; telemeters; distribution boards [electricity]; distribution consoles [electricity]; compasses for measuring; dynamometers; water level indicators; fire escapes; flash-bulbs [photography]; telephone receivers; fluorescent screens; projection screens; workmen's protective face-shields; screens [photography]; drainers for use in photography; photographic racks; electric loss indicators; cables, electric; ducts [electricity]; control panels [electricity]; galvanic cells; connections for electric lines; couplings, electric; connections, electric; relays, electric; electrolysers; transmitters of electronic signals; transmitting sets [telecommunication]; cleaning apparatus for sound recording discs; cleaning apparatus for phonograph records; sound recording strips; kilometer recorders for vehicles; milage recorders for vehicles; spools [photography]; mechanical signs; epidiascopes; test tubes; balancing apparatus; thermostats; ergometers; material testing instruments and machines; egg-candlers; gauges; gasoline gauges; petrol gauges; spark-guards; cases especially made for photographic apparatus and instruments; testing apparatus not for medical purposes; refractometers; exposure meters [light meters]; invoicing machines; apparatus for fermentation [laboratory apparatus]; railway traffic safety appliances; wires, electric; magnetic wires; plumb bobs; plumb lines; nets for protection against accidents; safety nets; life nets; safety tarpaulins; film cutting apparatus; filters for respiratory masks; filters [photography]; battery chargers; high-frequency apparatus; frequency meters; fuses; radios; galena crystals [detectors]; galvanic batteries; gloves for protection against accidents; gloves for divers; gloves for protection against X-rays for industrial purposes; gas testing instruments; gasometers [measuring instruments]; surveying apparatus and instruments; levelling staffs [surveying instruments]; rods [surveying instruments]; drying apparatus for photographic prints; glazing apparatus for photographic prints; rulers [measuring instruments]; measuring glassware; graduated glassware; screens for photoengraving; grids for batteries; clothing for protection against fire; garments for protection against fire; audio- and video-receivers; heliographic apparatus; holograms; hygrometers; identification threads for electric wires; identification sheaths for electric wires; life saving apparatus and equipment; fire hose nozzles; fire engines; fire pumps; slope indicators; clinometers; gradient indicators; inclinometers; taximeters; quantity indicators; vacuum gauges; speed indicators; inductors [electricity]; armatures [electricity]; data processing apparatus; mirrors for inspecting work; intercommunication apparatus; carriers for dark plates [photography]; inverters [electricity]; ionization apparatus not for the treatment of air or water; peepholes [magnifying lenses] for doors; hemline markers; furniture especially made for laboratories; lactodensimeters; lactometers; darkroom lamps [photography]; optical lamps; optical lanterns; magic lanterns; signal lanterns; lasers, not for medical purposes; optical lenses; letter scales; sounding lines; magnifying glasses [optics]; signs, luminous; neon signs; eyeglasses; spectacles; instruments containing eyepieces; surveyors' levels; spectacle lenses; eyeglass lenses; optical goods; pressure gauges; manometers; periscopes; protective masks; mathematical instruments; coin-operated mechanisms for television sets; megaphones; computer memory devices; carpenters' rules; mercury levels; speed measuring apparatus [photography]; meteorological instruments; rules [measuring instruments]; micrometer screws for optical instruments; microphones; microtomes; time switches, automatic; mirrors [optics]; breathing apparatus for underwater swimming; nautical apparatus and instrument; naval signalling apparatus; navigational instruments; eyeglass frames; spectacle frames; batteries, electric; accumulators, electric; levels [instruments for determining the horizontal]; levelling instruments; prisms [optics]; observation instruments; octants; ohmmeters; wave meters; optical apparatus and instruments; optical glass; computers; ticketing and management computer programmes [programs], recorded; oscillographs; oxygen transvasing apparatus; ozonisers [ozonators]; micrometers; micrometer gauges; signalling panels, luminous or mechanical; lightning conductors [rods]; lightning arresters; lightning conductors; parking meters; apparatus and instruments for astronomy; apparatus for measuring the thickness of skins; acid hydrometers; salinometers; washing trays [photography]; stands for photographic apparatus; viewfinders, photographic; photometers; phototelegraphy apparatus; apparatus and instruments for physics; steering apparatus, automatic, for vehicles; pince-nez; pipettes; plane tables [surveying instruments]; planimeters; ear plugs for divers; bells [warning devices]; weights; polarimeters; radiotelephony sets; radiotelegraphy sets; pressure measuring apparatus; pressure indicators; projection apparatus; cathodic anti-corrosion apparatus; teeth protectors; pyrometers; radar apparatus; vehicle radios; radiological apparatus for industrial purposes; protractors [measuring instruments]; apparatus and installations for the production of X-rays, not for medical purposes; x-ray tubes not for medical purposes; protection devices against X-rays, not for medical purposes; telephone apparatus; refractors; X-ray apparatus not for medical purposes; spectroscopes; resistances, electric; thermometers, not for medical purposes; respirators for filtering air; breathing apparatus, except for artificial respiration; rheostats; balances [steelyards]; lever scales [steelyards]; steelyards [lever scales]; signals, luminous or mechanical; saccharometers; probes for scientific purposes; satellites for scientific purposes; diaphragms for scientific apparatus; teaching apparatus; choking coils [impedance]; wire connectors [electricity]; locks, electric; sextants; signalling whistles; vehicle breakdown warning triangles; electro-dynamic apparatus for the remote control of signals; simulators for the steering and control of vehicles; sirens; sound transmitting apparatus; sound recording apparatus; sound reproduction apparatus; sounding apparatus and machines; sounding leads; sound locating instruments; spectrograph apparatus; spherometers; stereoscopes; stereoscopic apparatus; needles for record players; styli for record players; sulfitometers; teleprinters; teletypewriters; tachometers; screw-tapping gauges; telegraphs [apparatus]; television apparatus; telegraph wires; remote control apparatus; masts for wireless aerials; teleprompters; telephone transmitters; telerupters; binoculars; telescopes; temperature indicators; time recording apparatus; theodolites; thermostats for vehicles; totalizators; revolution counters; speed regulators for record players; transmitters [telecommunication]; precision balances; marking gauges [joinery]; vacuum tubes [radio]; urinometers; variometers; verniers; videotapes; viscosimeters; theft prevention installations, electric; voltage regulators for vehicles; voting machines; voltmeters; apparatus for changing record player needles; stills for laboratory experiments; fuse wire; wires of metal alloys [fuse wire]; anticathodes; dog whistles; telescopic sights for firearms; sighting telescopes for firearms; anti-theft warning apparatus; azimuth instruments; beacons, luminous; holders for electric coils; films, exposed; road signs, luminous or mechanical; life buoys; signalling buoys; buzzers; directional compasses; fog signals, non-explosive; cash registers; radiology screens for industrial purposes; identity cards, magnetic; photovoltaic cells; densitometers; disks, magnetic; floppy disks; head cleaning tapes [recording]; video recorders; computer keyboards; integrated circuits; semi-conductors; chips [integrated circuits]; cathodes; life jackets; life belts; chemistry apparatus and instruments; cinematographic film, exposed; materials for electricity mains [wires, cables]; contact lenses; containers for contact lenses; incubators for bacteria culture; solar batteries; copper wire, insulated; discharge tubes, electric, other than for lighting; electric discharge tubes, other than for lighting; diaphragms [photography]; distillation apparatus for scientific purposes; dosage dispensers; dosimeters; electric door bells; eyeglass cases; spectacle cases; furnaces for laboratory use; ovens for laboratory use; optical fibers [fibres] [light conducting filaments]; light conducting filaments [optical fibers [fibres]]; telephone wires; X-ray films, exposed; filters for ultraviolet rays, for photography; horns for loudspeakers; tripods for cameras; bar code readers; bullet-proof waistcoats [vests]; bullet-proof vests; bullet-proof waistcoats; marking buoys; wafers for integrated circuits; chromatography apparatus for laboratory use; chronographs [time recording apparatus]; compact discs [audio-video]; compact discs [read-only memory]; ticketing and management computer operating programs, recorded; computer peripheral devices; ticketing and management computer software, recorded; optical condensers; acoustic couplers; couplers [data processing equipment]; decompression chambers; plotters; divers' masks; electronic pens [visual display units]; encoded magnetic cards; facsimile machines; tire boats; interfaces for computers; juke boxes for computers; knee-pads for workers; light dimmers [regulators], electric; light regulators [dimmers], electric; magnetic data media; magnetic encoders; magnetic tape units for computers; microprocessors; modems; monitors [computer hardware]; mouse [computer peripheral]; optical character readers; optical data media; optical discs; printers for use with computers; processors [central processing units]; central processing units [processors]; readers [data processing equipment]; safety restraints, other than for vehicle seats and sports equipment; scanners [data processing equipment]; smoke detectors; transistors [electronic]; X-ray photographs, other than for medical purposes; junction sleeves for electric cables; abacuses; electronic agendas; answering machines; camcorders; cassette players; compact disc players; diagnostic apparatus, not for medical purposes; disk drives for computers; electrified rails for mounting spot lights; electronic pocket translators; electronic tags for goods; fire blankets; flashlights [photography]; integrated circuit cards [smart cards]; smart cards [integrated circuit cards]; measuring spoons; notebook computers; electronic notice boards; pocket calculators; shoes for protection against accidents, irradiation and fire; sprinkler systems for tire protection; starter cables for motors; sunglasses; time clocks [time recording devices]; video cassettes; video game cartridges; video screens; video telephones; goggles for sports; nose clips for divers and swimmers; protective helmets for sports; electronic publications, downloadable; ticketing and management computer programs [downloadable software]; navigation apparatus for vehicles [on-board computers]; decorative magnets; cordless telephones; mouse pads; personal stereos; wrist rests for use with computers; coaxial cables; fibre [fiber] optic cables; covers for electric outlets; marine depth finders; electrified fences; headphones; lighting ballasts; radio pagers; satellite navigational apparatus; solenoid valves [electromagnetic switches]; voltage surge protectors; walkie-talkies; wind socks for indicating wind direction; light-emitting electronic pointers; resuscitation mannequins [teaching apparatus]; stage lighting regulators; egg timers [sandglasses]; hourglasses; DNA chips; DVD players; automated teller machines [ATM]; traffic-light apparatus [signalling devices]; hands-free kits for telephones; asbestos screens for firemen; riding helmets; clothing especially made for laboratories; encoded identification bracelets, magnetic; transponders; downloadable ring tones for mobile phones; downloadable music files; downloadable image files; crash test dummies; laboratory centrifuges; printed circuit boards; USB flash drives; global positioning system [GPS] apparatus; portable media players; cell phone straps; light-emitting diodes [led]; triodes; step-up transformers; laptop computers; fire hose; bags adapted for laptops; sleeves for laptops; digital photo frames; petri dishes; pitot tubes; stroboscopes; traffic cones; temperature indicator labels, not for medical purposes; ticketing and management computer software applications, downloadable; electronic book readers; smart phones; toner cartridges, unfilled, for printers and photocopiers; baby monitors; video baby monitors; lens hoods; tablet computers; encoded key cards; 3D spectacles; memory cards for video game machines; bullet-proof clothing; accelerometers; electrical adapters; life-saving capsules for natural disasters; computer hardware; solar panels for the production of electricity; cellular phones; mobile telephones; cell phones; telescopic sights for artillery; digital signs; wearable activity trackers; chargers for electronic cigarettes; connected bracelets [measuring instruments]; covers for smartphones; cases for smartphones; selfies sticks [hand-held monopods]; calorimeters; flowmeters; reflective safety vests; electronic collars to train animals; joysticks for use with computers, other than for video games; smartglasses; smart watches; fire extinguishing apparatus; protective films adapted for computer screens; mouth guards for sports; head guards for sports; needles for surveying compasses; security tokens [encryption devices]; infrared detectors; covers for personal digital assistants [PDAs]; baby scales; electronic access control systems for interlocking doors; thermal imaging cameras; scales with body mass analysers; scales with body mass analyzers; covers for tablet computers; black boxes [data recorders]; digital weather stations; charging stations for electric vehicles; interactive touch screen terminals; smart rings; electric and electronic effects units for musical instruments; audio interfaces; equalizers [audio apparatus]; equalisers [audio apparatus]; subwoofers; bathroom scales; thermo-hygrometers; biochips; protective films adapted for smartphones; virtual reality headsets; electronic interactive whiteboards; humanoid robots with artificial intelligence; audio mixers; batteries for electronic cigarettes; electronic key fobs being remote control apparatus; electronic sheet music, downloadable; T-squares for measuring; squares for measuring; square rulers for measuring

Class 35: Business management assistance; business inquiries; import-export agency services; commercial information agency services; cost price analysis; photocopying services; employment agency services; office machines and equipment rental; book-keeping; accounting; drawing up of statements of accounts; business auditing; business management and organization consultancy; personnel management consultancy; business management consultancy; typing; commercial or industrial management assistance; document reproduction; business efficiency expert services; auctioneering; business appraisals; business investigations; business organization consultancy; business research; shorthand; transcription of communications [office functions]; advisory services for business management; computerized file management; professional business consultancy; economic forecasting; business information; opinion polling; payroll preparation; personnel recruitment; relocation services for businesses; secretarial services; tax preparation; telephone answering for unavailable subscribers; word processing; arranging newspaper subscriptions for others; business management of hotels; business management of performing artists; compilation of information into computer databases; systemization of information into computer databases; rental of photocopying machines; procurement services for others [purchasing goods and services for other businesses]; data search in computer files for others; news clipping services; rental of vending machines; psychological testing for the selection of personnel; price comparison services; commercial information and advice for consumers [consumer advice shop]; arranging subscriptions to telecommunication services for others; administrative processing of purchase orders; commercial administration of the licensing of the goods and services of others; outsourcing services [business assistance]; invoicing; compilation of statistics; sponsorship search; business management of sports people; provision of commercial and business contact information; commercial intermediation services; business management for freelance service providers; negotiation and conclusion of commercial transactions for third parties; updating and maintenance of data in computer databases; business project management services for construction projects; providing business information via a web site; outsourced administrative management for companies; tax filing services; business management of reimbursement programs for others; business management of reimbursement programmes for others; writing of resumes for others; writing of curriculum vitae for others; administration of frequent flyer programs; appointment scheduling services [office functions]; appointment reminder services [office functions]; administration of consumer loyalty programs; registration of written communications and data; updating and maintenance of information in registries; compiling indexes of information for commercial or advertising purposes; business intermediary services relating to the matching of potential private investors with entrepreneurs needing funding; negotiation of business contracts for others

Class 37: Furniture maintenance; photographic apparatus repair; electric appliance installation and repair; elevator installation and repair; lift installation and repair; asphalting; airplane maintenance and repair; cleaning of buildings [interior]; laundering; boiler cleaning and repair; burner maintenance and repair; rental of bulldozers; office machines and equipment installation, maintenance and repair; fire alarm installation and repair; burglar alarm installation and repair; upholstery repair; strong-room maintenance and repair; rental of construction equipment; shipbuilding; renovation of clothing; heating equipment installation and repair; shoe repair; chimney sweeping; safe maintenance and repair; installation and repair of air-conditioning apparatus; construction; underwater construction; building construction supervision; clothing repair; leather care, cleaning and repair; kitchen equipment installation; demolition of buildings; rustproofing; disinfecting; painting or repair of signs; warehouse construction and repair; building sealing; damp-proofing [building]; rental of excavators; window cleaning; film projector repair and maintenance; furnace installation and repair; fur care, cleaning and repair; cleaning of clothing; clock and watch repair; factory construction; irrigation devices installation and repair; building insulating; vehicle washing; washing of linen; washing; machinery installation, maintenance and repair; masonry; furniture restoration; pier breakwater building; pressing of clothing; pipeline construction and maintenance; paper hanging; wallpapering; umbrella repair; parasol repair; upholstering; painting, interior and exterior; pumicing; plastering; plumbing; vehicle polishing; pump repair; harbour construction; rat exterminating; freezing equipment installation and repair; linen ironing; re-tinning; riveting; telephone installation and repair; varnishing; vehicle cleaning; rental of cleaning machines; vermin exterminating, other than for agriculture, aquaculture, horticulture and forestry; scaffolding; bricklaying; diaper cleaning; dry cleaning; construction information; repair information; knife sharpening; mining extraction; quarrying services; road paving; sanding; underwater repair; cleaning of buildings [exterior surface]; drilling of wells; building of fair stalls and shops; installation, maintenance and repair of computer hardware; interference suppression in electrical apparatus; rebuilding machines that have been worn or partially destroyed; rental of cranes [construction equipment]; rental of road sweeping machines; roofing services; artificial snow-making services; street cleaning; repair of security locks; restoration of works of art; restoration of musical instruments; installation of doors and windows; swimming-pool maintenance; refilling of toner cartridges; construction consultancy; carpentry services; drilling of deep oil or gas wells; rental of drainage pumps; rental of laundry washing machines; repair of power lines; tuning of musical instruments; laying of cable; sterilization of medical instruments; hydraulic fracturing services; fracking services; pest control services, other than for agriculture, aquaculture, horticulture and forestry; rental of dish washing machines; rental of dish drying machines

Class 41: Academies [education]; amusement park ticketing services; entertainment ticketing services; animal training; rental of cinematographic apparatus; movie studio services; ticketing for circus performances; correspondence courses; physical education; rental of show scenery; publication of texts, other than publicity texts; teaching; educational services; instruction services; rental of sound recordings; rental of motion pictures; film production, other than advertising films; gymnastic instruction; lending library services; publication of books; rental of radio and television sets; production of radio and television programs; ticketing for variety shows; orchestra ticketing services; theatre productions; production of shows; rental of stage scenery; zoological garden services; providing sports facilities; modelling for artists; mobile library services; bookmobile services; providing casino ticketing services; club ticketing services [entertainment or education]; arranging and conducting of colloquiums; arranging and conducting of conferences; arranging and conducting of congresses; discotheque ticketing services; education information; educational examination; organization of exhibitions for cultural or educational purposes; providing golf facilities; health club services [health and fitness training]; holiday camp ticketing services [entertainment]; ticketing for live performances; ticketing for cinema presentations; ticketing for movie theatre presentations; nursery schools; organization of sports competitions; practical training [demonstration]; providing museum facilities [presentation, exhibitions]; recording studio services; rental of skin diving equipment; rental of sports equipment, except vehicles; rental of stadium facilities; rental of video cassette recorders; rental of videotapes; arranging and conducting of seminars; sport camp services; arranging and conducting of symposiums; timing of sports events; boarding school education; arranging and conducting of workshops [training]; arranging of beauty contests; dubbing; religious education; organization of lotteries; rental of audio equipment; rental of lighting apparatus for theatrical sets or television studios; rental of tennis courts; rental of video cameras; rental of camcorders; script writing, other than for advertising purposes; videotape editing; on-line publication of electronic books and journals; electronic desktop publishing; subtitling; music composition services; providing on-line electronic publications, not downloadable; vocational guidance [education or training advice]; news reporters services; translation; sign language interpretation; videotaping; microfilming; writing of texts; calligraphy services; layout services, other than for advertising purposes; coaching [training]; rental of sports grounds; language interpreter services; personal trainer services [fitness training]; conducting fitness classes; vocational retraining; production of music; toy rental; games equipment rental; educational services provided by schools; providing on-line music, not downloadable; providing on-line videos, not downloadable; tutoring; arranging and conducting of in-person educational forums; songwriting; screenplay writing; conducting guided tours; training services provided via simulators; sado instruction [tea ceremony instruction]; aikido instruction; rental of artwork; rental of indoor aquaria

Class 42: Chemical analysis; analysis for oil-field exploitation; architectural services; bacteriological research; chemistry services; chemical research; architectural consultancy; construction drafting; technical research; oil-well testing; cosmetic research; design of interior decor; industrial design; packaging design; material testing; conducting technical project studies; geological surveys; oil-field surveys; engineering; meteorological information; land surveying; computer rental; computer ticketing and management software programming; oil prospecting; physics [research]; mechanical research; textile testing; geological prospecting; geological research; authenticating works of art; calibration [measuring]; computer ticketing and management software design; updating of computer ticketing and management software; consultancy in the design and development of computer hardware; dress designing; graphic arts design; quality control; rental of computer ticketing and management software; research and development of new products for others; styling [industrial design]; underwater exploration; recovery of computer data; maintenance of computer ticketing and management software; biological research; urban planning; surveying; vehicle roadworthiness testing; duplication of computer programs; conversion of data or documents from physical to electronic media; creating and maintaining ticketing web sites for others; hosting computer ticketing sites [web sites]; installation of computer ticketing and management software; cloud seeding; conversion of computer programs and data, other than physical conversion; computer ticketing and management software consultancy; rental of web servers; computer virus protection services; consultancy in the field of energy-saving; research in the field of environmental protection; digitization of documents [scanning]; handwriting analysis [graphology]; provision of scientific information, advice and consultancy in relation to carbon offsetting; quality evaluation of standing timber; quality evaluation of wool; monitoring of computer systems by remote access; water analysis; scientific laboratory services; energy auditing; ticketing web site design consultancy; ticketing and management software as a service [SaaS]; scientific research; server hosting; clinical trials; off-site data backup; electronic data storage; cartography services; telecommunications technology consultancy; weather forecasting; computer security consultancy; technical writing; interior design; unlocking of mobile phones; monitoring of computer systems to detect breakdowns; internet security consultancy; data security consultancy; data encryption services; monitoring of computer systems for detecting unauthorized access or data breach; electronic monitoring of personally identifying information to detect identity theft via the internet; electronic monitoring of credit card activity to detect fraud via the internet