Red Bull GmbH
[2024] ATMO 24
•9 February 2024
TRADE MARKS ACT 1995
DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Trade mark application number 2247005 (classes 1, 3, 5, 7, 23, 26, 29, 30, 31, 34, 36, 45) – RED BULL with device – in the name of Red Bull GmbH
Delegate: | Nicholas Barbey |
Representation: | Applicant: Samuel Hallahan of counsel instructed by Gestalt Law Pty Ltd |
Decision: | 2024 ATMO 24 Trade Marks Act 1995 (Cth) – section 33 proceeding – ss 46 and 187 considered – sufficient evidence filed for defensive trade mark status for a subset of items – certain items in divisional application not excluded from parent application – opportunity to amend – divisional priority date removed and application amended – trade mark application accepted |
Background
This matter concerns a divisional application[1] filed by Red Bull GmbH (‘Applicant’) to register the following trade mark as a defensive trade mark:
[1] The application is a divisional application from Australian trade mark number 2087367.
Trade mark: (‘Trade Mark’)
Number: 2247005 (‘Application’)
Lodgement date: 4 February 2022
Priority date: 11 May 2020
Specification: Class 1: chemicals used in industry, science, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; leather and textile impregnating chemicals; adhesives for wallpaper; humus; compost; earth for growing; soil conditioning chemicals
Class 3: bleaching preparation, laundry wax, natural starches for laundry purposes; dry-cleaning preparations; dentifrices; breath freshening sprays; laundry starch
Class 5: pharmaceutical and veterinary preparations; caffeine preparations for stimulative use; sanitary preparations for medical purposes; dietetic food and substances adapted for veterinary use; appetite suppressants for medical purposes; food for babies; dietary supplements for animals; napkins for incontinence; hygienic articles for women, namely sanitary towels, panty liners, tampons, sanitary pants; chemical contraceptives; material for stopping teeth; dental wax; adhesives for dentures; dental mastics; preparations for destroying vermin; fungicides; herbicides
Class 7: milking machines; sewing machines; paper machines; machines for the textile industry; agricultural implements other than hand-operated; agricultural machines; incubators for eggs
Class 23: yarns and threads, for textile use
Class 26: lace; laces for edges and lace trimmings; embroidery; braids; buttons; hooks (haberdashery); eyes for clothing and shoes; needles; pom-poms; haberdashery, except thread; artificial flowers
Class 29: meat; fish; poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; edible oils and fats; meat, fish, fruit and vegetable preserves; desserts of yogurt, quark and cream; fermented vegetable foods (kimchi)
Class 30: rice; tapioca; sago; flour made from cereals; honey; treacle; yeast; baking-powder; salt; dressings for salad; spices; cereals for human consumption, including oat flakes and other cereal flakes
Class 31: agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh vegetables; seeds; natural and dried plants and natural flowers; foodstuffs for animals; malt; nuts (fruits); straw mulch; litter peat
Class 34: tobacco; smoking tobacco; snuff and chewing tobacco; cigars; cigarillos and cigarettes
Class 36: insurance; financial affairs; monetary affairs; home banking; real estate affairs
Class 45: funerals; undertaking; crematorium services; detective agencies; adoption agency services; organization of religious meetings; marriage agencies; inspection of factories for safety purposes
(‘Goods & Services’)
The claim for registration as a defensive trade mark is based on Australian trade mark 938141 which is in the name of the Applicant and registered for goods and services across all 45 classes.[2]
[2] Details of Australian trade mark registration 938141 are set out in Annexure A to this decision.
The Application was examined as required by s 31 of the Trade Marks Act 1995 (Cth) (‘Act’). Over the course of four examination reports, two substantive matters were maintained as a barrier to the Application’s acceptance. The first concerned a ground for rejection raised under s 187 of the Act and the evidence filed in support of the Application.[3] The second pertained to an objection raised under s 46(2) of the Act regarding the exclusion of certain items in the parent application, being Australian trade mark 2087367 (‘Parent Application’).[4]
[3] Trade Marks Regulations 1995 (Cth) reg 17.1 states that ‘An applicant for registration of a defensive trade mark must file evidence in support of the application at, or as soon as practicable after, the time of filing of the application’.
[4] Details of Australian trade mark 2087367 are set out in Annexure B to this decision.
Having reached an impasse, the Applicant exercised its right to be heard and an oral hearing was scheduled. Written submissions (‘Submissions’) and supplementary evidence was filed by the Applicant prior to the hearing. As a delegate of the Registrar of Trade Marks (‘Registrar’), I heard this matter by video conference on 2 November 2023. Samuel Hallahan of counsel, instructed by Lance Scott and Patrick Martin of Gestalt Law Pty Ltd, presented submissions on the Applicant’s behalf.
From the outset, I note that the grounds for rejection must be considered afresh and s 33 of the Act embodies a presumption of registrability which provides that the Registrar must accept an application for registration, unless satisfied that there are grounds under the Act for rejecting it or the application has not been made in accordance with the Act.
Evidence
The following declarations, provided during examination, are relied on by the Applicant:
Declaration made on 23 April 2020 by Jennifer A. Powers (Intellectual Property Counsel of the Opponent) with Annexures JP-1 to JP-30 (‘Powers 1’).
Declaration made on 20 September 2021 by Jennifer A. Powers with Annexures
JAP-1 to JAP-15 (‘Powers 2’).Declaration made on 24 September 2021 by Jocelyn Wu (Paralegal at Gestalt Law Pty Ltd) with Annexure JXW-1 (‘Wu Declaration’).
Declaration made on 13 December 2022 by Sue Holz (Chief Executive Officer and Principal Analyst of Research by Design) with Annexures SH-1 and SH-2 (‘Holz Declaration’).
Declaration made on 13 January 2023 by Patrick Martin (Paralegal at Gestalt Law Pty Ltd) with Exhibits PM-1 and PM-2 (‘Martin 1’).
Reliance is also placed on the following declarations that were filed prior to the hearing:
Declaration made on 29 August 2023 by Michael Young (Director of Marketing Pulse Pty Ltd) with Annexures MY-1 to MY-4 (‘Young Declaration’).
Declaration made on 29 August 2023 by Patrick Martin with Annexure PM-3 (‘Martin 2’).
Declaration made on 30 August 2023 by Jennifer A. Powers with Annexures JAP-5 and JAP-6 (‘Powers 3’).
According to Powers 1, ‘the RED BULL Energy Drink was first launched in 1987 in Austria’ and it ‘quickly became a truly global product and brand’ that ‘is currently sold in 172 countries worldwide’.[5] The Applicant’s energy drink was officially launched in Australia in 1999. The Applicant’s worldwide and Australian specific total unit sales, revenue, marketing and media expense figures between 2014 and 2018 were disclosed in evidence. Put simply, the figures provided are enormous and reflect the extensive global use of the Trade Mark by the Applicant. To this end, Powers 1 notes that the Trade Mark has been registered in 185 jurisdictions worldwide.
[5] Powers 1, [6]–[7].
Ms Powers declares that the Applicant’s marketing strategy has ‘some unique aspects’ which ‘impact on the reputation and consumer perception of the [Trade Mark]’.[6] Relevantly, the Applicant is ‘regarded as an innovator in marketing, by creating and leading a new product category’ – namely, energy drinks.[7] Ms Powers claims that the Applicant ‘focusses communications and activities on its brand values namely, “giving wings to people and ideas”’ and ‘many communications involve no mention of Red Bull’s drink products’.[8] In her view, the Applicant is ‘a media business in its own right, creating content on par with major media businesses’ and thus ‘differs significantly from other food and beverage companies’.[9] As such, she believes that the Applicant is better characterised ‘as a media company that happens to sell an energy drink, rather than the other way around’.[10]
[6] Ibid [9].
[7] Ibid [10].
[8] Ibid [15].
[9] Ibid [17]–[18].
[10] Ibid [19].
The Trade Mark is described as the ‘touchstone’ of the Applicant’s branding and several brand valuation reports show that ‘RED BULL is one of the world’s most valuable brands’.[11] In Ms Powers’ opinion, the Trade Mark’s reputation is not confined to energy drinks. She asserts that the Trade Mark has ‘acquired significant reputation in the media sector and as the organizer and sponsor of both cultural and sport events’.[12] Reference is made to the ‘Red Bull Media House’, ‘Red Bull TV’ and ‘The Red Bulletin’ as examples of diversification. Likewise, the Applicant has expanded into the apparel market and is involved in various sporting endeavours including the ownership or sponsorship of numerous motorsport, football and ice hockey teams across the world. Powers 1 also details several cultural events involving the Applicant including art exhibitions, music academies, social competitions and record labels that featured the Trade Mark.
[11] Ibid [26], [42].
[12] Ibid [84].
Powers 2 provides supplementary evidence directed at Australia specific use of the Trade Mark. Relevantly, it claims that the Applicant ‘has succeeded in creating a brand leitmotiv that builds its competitive position in marketplaces beyond traditional
product-focused boundaries’.[13] Ms Powers explains that the Applicant is a sponsor of a racing team in the Australian Supercars Championship, eGaming competitions and the Australian motorcycle Grand Prix. The Applicant’s sponsorship of numerous Australian athletes in various sporting fields is also outlined in Powers 2.[13] Powers 2, [17].
Additionally, the Applicant has frequently collaborated with third parties and this has resulted in the creation of goods such as watches, luggage, headphones, eyewear and turntables bearing the Trade Mark. Ms Powers claims that the ‘broad range of collaborations and extensive reach of Red Bull’s commercial offerings strengthens it position across a wide range of product categories’.[14] Powers 2 asserts that the Applicant’s ‘business activities have been extended beyond energy drinks such that its actual business activities include a global media business, sports, music, and cultural activities’.[15]
[14] Ibid [45].
[15] Ibid [47].
The Holz Declaration outlines a survey undertaken on the Applicant’s behalf by an Australian based research consultancy firm. The ‘objective of the survey project was to assess whether survey participants make a connection between the Trade Mark and various goods and services which are branded with the Trade Mark’.[16] The survey project was comprised of ‘14 separate online surveys, to survey feedback on a range of 12 products and 2 services’ which are ‘representative of the 12 trade mark classes claimed’ in the Application.[17] According to Ms Holz, the survey was conducted via a ‘self-completion questionnaire via online panel participants’ and ‘a representative sample of the Australian population’ was surveyed.[18]
[16] Holz Declaration, [7].
[17] Ibid [12].
[18] Ibid [10]–[11].
The survey results were provided in a report dated November 2022 (‘Report’). The Report reveals that respondents tended to draw an association between the Applicant and goods or services bearing the Trade Mark which included products such as a caulking gun cartridge, compost bag and a cigar as well as insurance and detective agency services. Ms Holz asserts that the ‘survey results overwhelming[ly] support a conclusion that survey participants make a connection between the Trade Mark and all of the goods and services surveyed which are branded with the Trade Mark’.[19] She submits that ‘the conclusion that the Trade Mark is easily identifiable with Red Bull GmbH across a broad range of unrelated products, lies in the participants’ demographic profiles’ which are ‘an unrelated and disparate pool of Australian residents, and not from groups who would necessarily drink Red Bull drinks or follow Red Bull teams in the sports arena’.[20]
[19] Ibid [18].
[20] Ibid [22].
The Wu Declaration annexes search results obtained from eBay Australia in September 2021 for the term ‘Red Bull’ which reveals use of the Trade Mark on decals, clothing, scale model cars, fridges and tumblers. Meanwhile, Martin 1 exhibits a copy of Interbrand’s ‘Best Global Brands 2022’ report. This report lists the Trade Mark as being in the top 100 brands and states that ‘Red Bull is known more for its brand than its product. The brand ambition reaches beyond the can aiming to create a “World of Red Bull” around athletes, events, dance and gaming’.[21]
[21] Martin 1, Exhibit PM-1.
Powers 3 restates the Applicant’s activities as mentioned in Powers 1 and Powers 2. Ms Powers points out that such activities ‘are operated without any direct mention of energy drinks’.[22] An extensive list of third party companies who ‘provide support to Red Bull branded activities or events’ is also provided.[23] Ms Powers claims that many of these third party companies actually trade in the Goods & Services. Powers 3 also identifies counterfeit products bearing the Trade Mark and provides examples which demonstrate unauthorised use of the Trade Mark on goods such as badges, magnets, tanning lotions and vaping juices.
[22] Powers 3, [7].
[23] Ibid [11].
The Young Declaration provides an independent review of the Report and results therein. In Mr Young’s opinion, the survey had an appropriate methodology and the demographics of the respondents were ‘an appropriate representative sample of the Australian population’.[24] Mr Young agrees with the conclusions reached by Ms Holz and asserts that the results of the Report ‘clearly indicate that it is very likely that the use of the Trade Mark with the goods and services surveyed will be taken to indicate that there is a connection between those goods and services and the Applicant’.[25]
[24] Young Declaration, [15].
[25] Ibid [18].
Mr Young also gives evidence regarding ‘the role of sponsorship in the marketing mix’.[26] In his experience, some ‘sponsorship links capitalise on self-evident image relationships (e.g., sports shoes and sporting events)’ whereas others have ‘no logical or obvious fit (e.g., financial services and cancer research or cereal and car racing)’.[27] Mr Young contends that the it is comparatively easier for the Applicant to establish sponsorship relationships with disparate brands because its ‘brand extends well beyond its core product (beverages) to concepts such as energy, courage, activity, community, and culture’.[28]
[26] Ibid [23].
[27] Ibid [30]–[31].
[28] Ibid [33].
Martin 2 provides internet search results obtained from ‘various searches in relation to sponsorship of sports and esports teams’. The results show that a wide range of companies sponsor sports teams. This includes ‘Masterfoods’ sponsoring an A-League football team, ‘Tampax’ sponsoring an eSports tournament and ‘Tobin Brothers Funerals’ sponsoring a local Victorian Australian rules football club.
Examination overview
For context, it is convenient to retrace the examination history of the Parent Application and the Application insofar as it pertains to the ground for rejection under s 187 of the Act.
The Parent Application sought registration of the Trade Mark as a defensive trade mark for goods and services in all classes except for class 32. The Parent Application was examined and a ground for rejection under s 187 of the Act was raised. The examiner acknowledged that the evidence filed, being Powers 1, showed that the Trade Mark had ‘a very strong reputation in the marketplace for goods and services that largely have to do with Energy drinks, and sporting and entertainment events’.[29] However, Powers 1 did not provide a basis to conclude that use of the Trade Mark in relation to all the goods and services claimed in the Parent Application would be taken to indicate that there is a connection with the Applicant. As such, an offer to accept the Parent Application for only a subset of the goods and services claimed was made to the Applicant.
[29] Adverse Examination Report dated 11 August 2020.
The Applicant responded by filing Powers 2 and the Wu Declaration which it believed illustrated wider use of the Trade Mark and thus supported acceptance of the Parent Application as filed. Upon receipt of this evidence, the examiner expanded the subset of goods and services for which acceptance of the Parent Application could be allowed. However, the examiner maintained that the evidence did not justify acceptance of the Parent Application for all the goods and services claimed. To attain acceptance of the Parent Application, the Applicant deleted certain items from the Parent Application which the examiner had objected to and, for the residual items at issue, it filed the Application which divided out the Goods & Services from the Parent Application.
The Application was subsequently examined and a ground for rejection under s 187 of the Act was raised. Based on the evidence filed in respect of the Parent Application, the examiner was not satisfied that ‘a connection between [the Trade Mark] and those goods and services specified in the [Application]’ was likely to be drawn.[30] To overcome this, Martin 1 and the Holz Declaration were filed. The Applicant emphasised that the latter ‘comprises independent evidence’ that demonstrates a connection between the Trade Mark and the Goods & Services.
[30] Adverse Examination Further Report dated 8 April 2022.
Unpersuaded by this evidence, the examiner maintained the ground for rejection because it did not advance the Applicant’s case beyond what had already been accepted in the Parent Application. The examiner’s position was that the Goods & Services ‘fall outside those that would be ordinarily and sensibly be considered an extension of those goods and services for which the applicant has established their reputation’. At this point, the Applicant requested to be heard.
Discussion
Defensive trade marks
Part 17 of the Act provides for the registration of certain trade marks as defensive trade marks. The provisions relating to defensive trade marks were recently discussed in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd wherein the High Court stated:
In general terms, an owner of a trade mark can register a defensive mark in relation to particular goods if the owner has used a registered mark ("the first mark") in relation to the goods in respect of which it is registered to such an extent that it is likely that its use in relation to other goods will be taken to indicate that there is a connection between those other goods and the registered owner of the first mark. A defensive trade mark may be registered even if the registered owner does not use or intend to use the trade mark in relation to those goods. As the primary judge stated, “[r]egistration as a defensive mark is intended to give better protection to marks that have been used to such an extent for certain goods or services that their unauthorised use for quite different goods or services would be likely to mislead the public”.
An applicant for registration of a defensive mark must establish, by evidence, the reputation of the first mark in Australia. It is the use, reputation and association of the first mark in relation to particular goods … that provides the grounds for the registration of the same mark as a defensive mark in relation to other goods. …
Once a defensive mark is registered, s 186 provides that the Act (other than specified sections) applies to such a mark. The provisions that do not apply, except for Pt 16 (certification trade marks), are concerned with the use of the registered trade mark or the requirements to use or have the intention to use the mark. In sum, an owner of a defensive mark in relation to particular goods in a specified class can get relief for infringement but does not have the exclusive right to use the mark (or to authorise others to use that mark) in relation to those particular goods. Put in different terms, the monopoly for the owner of a defensive mark is found in the right of that owner to exclude use of the mark by others in relation to particular goods in a specified class.[31]
[31] [2023] HCA 8, [16]–[19] (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) (emphasis added) (citations omitted).
Section 185 of the Act relevantly provides:
Additional grounds for rejecting application for registration or opposing registration
(1)If, because of the extent to which a registered trade mark has been used in relation to all or any of the goods or services in respect of which it is registered, it is likely that its use in relation to other goods or services will be taken to indicate that there is a connection between those other goods or services and the registered owner of the trade mark, the trade mark may, on the application of the registered owner, be registered as a defensive trade mark in respect of any or all of those other goods or services.
Section 187 of the Act relevantly provides:
Additional grounds for rejecting application for registration or opposing registration
In addition to any other ground on which:
(a) an application for the registration of a trade mark as a defensive trade mark may be rejected; or
…
the application must be rejected or the registration may be opposed:
…
(d) in the case of a registered trade mark—if it is not likely that the use of the trade mark in relation to the goods or services in respect of which its registration as a defensive trade mark is sought will be taken to indicate that there is a connection between those goods or services and the registered owner.
Evidently, the extent to which the registered trade mark has been used is critical to establishing the likelihood of a connection between the goods or services in respect of which defensive registration is sought and the registered owner of the trade mark. Use of the registered trade mark will inform whether any reputation exists in that mark and it will also shed light on how the mark is perceived by consumers. To be registered as a defensive trade mark, there is no requirement that the registered trade mark be famous nor does Part 17 of the Act mention the word ‘reputation’. Nevertheless, it has been recognised that:
[T]he mark must have some reputation in relation to all or some of the goods and services in respect of which it is non-defensively registered. That is because without that reputation the (unauthorised) use of the mark in relation to other goods or services would not be likely to suggest a connection with the owner of the registered mark.[32]
[32] [2020] FCA 1530, [312] (Stewart J).
The type of ‘connection’ mentioned in ss 185 and 187 of the Act is not limited to a connection ‘in the course of trade’.[33] Rather, the term has been ascribed its ordinary dictionary meaning.[34] Thus, it has been observed that a sufficient connection may be found:[35]
· where the use of the trade mark in connection with the goods or services might be authorised use, or
· where the registered owner might be sponsoring those goods or services, or
· where the registered owner might be endorsing the goods or services, or
· where the registered owner might have entered into a strategic alliance with another company, body or entity in order to produce the goods or to offer the services in question.
[33] Ibid [305].
[34] AT & T Corporation [2001] ATMO 96.
[35] Ibid.
The Applicant advanced several reasons which it says accentuate the likelihood that use of the Trade Mark in relation to the Goods & Services ‘will be taken to indicate that there is a connection between those goods and services and [the Applicant]’.[36] Attention was drawn to i) the nature of the Trade Mark, ii) the absence of any registration of the Trade Mark by other traders, iii) the extent to which the Trade Mark has been used, iv) the ‘unique nature’ of the Applicant’s brand and v) the presumption of registrability. Considering the foregoing, the Applicant submits that no ground for rejecting the Application under s 187(d) of the Act exists.
[36] Submissions, [28].
In my assessment, there is some force in the Applicant’s reasoning. The nature of the Trade Mark influences the potential of a connection being drawn between the Trade Mark and the goods or services for which defensive registration is sought. Broadly speaking, it is harder to obtain defensive registration of a commonplace sign or non-invented word.[37] It follows that an inherently distinctive trade mark generally correlates with an increased likelihood that consumers would infer a connection, between its use on goods or services for which it has no reputation and the applicant. Here, the Trade Mark is comprised of the words ‘RED BULL’ displayed above a pictorial depiction of two bulls charging at each other in front of a circle. This composite mark does not indicate any quality or characteristic of the Goods & Services. Hence, I agree that the Trade Mark is inherently distinctive of the Goods & Services and naturally this is favourable to the Applicant’s prospects of establishing a connection between itself and the Goods & Services.
[37] See, eg, Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2020] FCA 1530, [302] (Stewart J); Cantarella Bros Pty Ltd (2002) 57 IPR 256, 263; AT & T Corporation [2001] ATMO 96.
Similarly, the lack of any pending applications or registrations for the Trade Mark on the Australian Register of Trade Marks is another factor which is in the Applicant’s favour. The rationale being that, if other traders are not using the Trade Mark, it is more likely that consumers will apprehend the Trade Mark being used in respect of the Goods & Services as indicating a connection with the Applicant.
The evidence demonstrates that the Trade Mark has been extensively used both domestically and abroad. Statistics disclosing the Applicant’s market share, consumer awareness and online presence are significant. The evidence is replete with instances of the Trade Mark being used in relation to energy drinks, apparel, promotional merchandise and cultural events. There are also numerous examples that display use of the Trade Mark in relation to a diverse range of sporting teams, events and athletes. Moreover, the Applicant’s assertion that it has evolved beyond its origins as a beverage manufacturer is soundly supported by the evidence which indicates that various media services have been provided under the Trade Mark.
Given the diversified use shown in the evidence, I accept that the Applicant has an innovative business model and that the Trade Mark ‘is not “pigeon-holed” in consumers’ minds in relation to one particular area’.[38] This is reflected in the results contained in the Report. However, I do not accept the broader proposition that ‘consumers are conditioned and prepared to connect [the Applicant] with any new and different goods or services in relation to which they see the [Trade Mark]’.[39] My reasons are twofold. First, while there has been widespread use of the Trade Mark, the evidence reveals that diversification frequently occurs with respect to goods and not services. Second, the instances of brand extension disclosed in the evidence closely align with the Applicant’s brand values of ‘giving wings to people and ideas’[40] and its ‘brand leitmotiv’ which has been described as ‘at the border between energy and bravado’.[41] That is, the evidence shows that the Applicant engages with ‘activities including extreme sports, music, dance, art, festivals and clubs’ and its marketing ‘focusses on an upbeat enthusiasm and energy for life associated with these activities’.[42]
[38] Submissions, [38] (emphasis in original).
[39] Ibid (emphasis added).
[40] Powers 1, [14].
[41] See Powers 2, Annexure JAP-4 which contains an article titled ‘At the Heart of Brand Experience: The Power of Leitmotiv’ which describes a ‘brand leitmotiv’ as being the ‘signature concept that the brand owns, and that can be brought to life through a variety of expressions while always being instinctively associated with the brand’.
[42] Powers 1, [14]–[15].
Turning to the presumption of registrability, I accept that the presumption applies to applications for the registration of a defensive trade mark and it operates to the benefit of the Applicant.[43] However, the presumption does not displace the fundamental requirement that the evidence required to be filed in support of the application must demonstrate use of the registered trade mark which forms the basis of the defensive registration.
[43] See, eg, Conga Foods Pty Ltd [2021] ATMO 101, [34]–[38].
There are two additional considerations that require brief discussion. First, as set out in Part 6.2.4 of the Australian Trade Marks Office Manual of Practice and Procedure, the items claimed in the Goods & Services are relevant insofar as a connection is more readily established if the items ‘are in some way related to those in respect of which the trade mark has already been registered and used’. Here, the Goods & Services contain a wide array of claims and some seemingly fall outside the scope of the Applicant’s brand values and activities that it has been shown to engage with. For example, the Goods & Services contain claims for ‘crematorium services’ and ‘adoption agency services’ in class 45. Second, the existence of the Parent Application, which achieved registration in the intervening period since the Application was filed, is also a relevant albeit peculiar circumstance to this matter.[44] It would be futile to reject specific parts of the Application when the Applicant already enjoys defensive registration in respect of the broader claims.
[44] I note Pfizer Products Inc [2004] ATMO 25 also considered a divisional application of an application for registration of a trade mark as defensive trade mark. However, the parent application in that decision had been accepted after a hearing and it was in respect of a more confined set of goods and services than what is presently under consideration.
Ultimately, I am required to weigh the abovementioned considerations in view of the evidence filed to assess whether a ground for rejection exists under s 187(d) of the Act. For the reasons which follow, I am satisfied that use of the Trade Mark in relation to a subset of the Goods & Services (set out in Annexure C to this decision) would indicate a connection between those goods and the Applicant. As mentioned above, the Goods & Services contain claims which, ostensibly, are disparate to the goods and services for which use of the Trade Mark has been shown and seemingly at odds with the Applicant’s brand values as enunciated by Ms Powers. Counterbalancing this is the fact that the Trade Mark is an inherently distinctive sign that no other trader uses. Notably, the evidence demonstrates extensive and diversified use of the Trade Mark by the Applicant. Further, the evidence reveals the Trade Mark was used on counterfeit products for an even wider array of goods. Coupled with the findings of the Report and the existence of the Parent Application, I am satisfied that no ground for rejection exists under s 187(d) of the Act in respect of the goods set out in Annexure C to this decision.
As regards to what remains of the Goods & Services, namely the services in classes 36 and 45, I am satisfied on the balance of probabilities that a ground for rejection exists under s 187(d) of the Act. In my view, these services are too far removed from the goods and services on which the Trade Mark has been used (or is likely to be used based on the Applicant’s longstanding marketing strategy). There is no cogent foundation upon which a connection may be reasonably established.
Accordingly, I am satisfied that a ground for rejection exists under s 187(d) of the Act in respect of the services claimed in classes 36 and 45.
Divisional application
As mentioned at [3] of this decision, an objection to the acceptance of the Application was also raised on the basis that s 46(2) of the Act required certain items to be excluded from the specification of the Parent Application.
Section 45 of the Act relevantly provides:
Divisional applications
(1) If a single application for the registration of a trade mark in respect of certain goods and/or services is pending (parent application), the applicant may make another application (divisional application) for the registration of the trade mark in respect of some only of the goods and/or services in respect of which registration is sought under the parent application.
Section 46 of the Act relevantly provides:
Rules relating to divisional applications
(1) A divisional application must:
(a) be for the registration of the trade mark to which the parent application relates; and
(b) specify the goods and/or services to which it relates; and
(c) specify the goods and/or services that are to remain in the parent application.
Note: For divisional application and parent application see section 45.
(2) When a divisional application is made, the Registrar must, unless the parent application has lapsed, amend the parent application by excluding the goods and/or services in respect of which the divisional application is made.
The explanation provided in the examination report states:
The parent registration (2087367) contains duplicate goods that notionally encompass or are encompassed by goods claimed in your client’s divisional application, and must be excluded from the parent for the divisional to be considered both valid and complete for the purposes of section 45 and 46 of the Act.
This issue could be overcome if the parent registration (2087367) were restricted to exclude goods and services being claimed by your client’s divisional application.[45]
[45] Adverse Examination Further Report dated 19 January 2023.
It is not necessary to reproduce the suggested amendments to the Parent Application. The Submissions state that the Applicant ‘does not intend to amend the [Parent Application]’and ‘will agree to drop [the Application’s] divisional status’ if it does not comply with the requirements set out in ss 45 and 46 of the Act.[46] Hence, it is only necessary to determine if these sections have been satisfied.
[46] Submissions, [54].
In my opinion, this objection has merit. Pursuant to s 46(2) of the Act, the Registrar must amend the Parent Application to exclude the Goods & Services because the Parent Application has not lapsed. Here, at least some of the items listed in the specification of the Parent Application encompass the items claimed in the Goods & Services of the Application. For example, the Parent Application contains a claim for ‘machines, including filling machines’ and the Application has a claim for ‘milking machines’. The goods of the Application are therefore encompassed by the claim in the Parent Application since it would notionally include all types of machines.
Accordingly, I am satisfied that the Application has not been made in accordance with the Act because an objection exists under s 46(2) of the Act.
Decision
Section 33 of the Act provides:
Application accepted or rejected
(1) The Registrar must, after the examination, accept the application unless he or she is satisfied that:
(a) the application has not been made in accordance with this Act; or
(b) there are grounds under this Act for rejecting it.
Note: For this Act see section 6.
(2) The Registrar may accept the application subject to conditions or limitations.
Note: For limitations see section 6.
(3) If the Registrar is satisfied that:
(a) the application has not been made in accordance with this Act; or
(b) there are grounds under this Act for rejecting it;
the Registrar must reject the application.
(4) The Registrar may not reject an application without giving the applicant an opportunity of being heard.
Note: For applicant see section 6.
I am satisfied on the balance of probabilities that there is a ground for rejecting the application to register the Trade Mark under s 187(d) of the Act in relation to the items in classes 36 and 45 of the Goods & Services. I am also satisfied that the Application has not been made in accordance with s 46(2) of the Act.
On 1 February 2024, I notified the Applicant that the claim to the divisional priority date would be removed from the Application and it was my intention to reject trade mark application 2247005 unless the Goods & Services were amended as shown in Annexure D to this decision.[47]
[47] A classification issue was raised in relation to the claim for ‘agricultural, horticultural and forestry products and grains not included in other classes’ in class 1 during the examination stage of the Application. The Applicant agreed to amend this claim to ‘unprocessed agricultural products and grains not included in other classes; horticultural produce not included in other classes; unprocessed forestry products not included in other classes’ but this amendment was not confirmed. As such, the correspondence to the Applicant also addressed this issue.
On 6 February 2024, the Applicant informed IP Australia of its agreement to the amendments. The claim to the divisional priority date has been removed and the Goods & Services have been amended.
Accordingly, I accept for possible registration trade mark application 2247005 for the amended specification as set out in Annexure D to this decision.
Nicholas Barbey
Hearing Officer
Delegate of the Registrar of Trade Marks
9 February 2024
Annexure A
Trade mark:
Number: 938141
Priority date: 21 February 2002
Owner: Red Bull GmbH
Specification:
Class 1: chemicals used in industry, science, photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fertilizers; fire-extinguishing compositions; metal tempering and soldering preparations; chemical products for preserving foodstuffs; tanning substances; adhesives used in industry; chemical products for impregnating leather and textile fabrics; adhesives for wallpaper; humus, compost, earth for growing, soil-conditioning chemicals
Class 2: paints, anti-fouling paints, varnishes, lacquers; binders and thinners for paints, turpentine; preservatives against rust and wood deterioration; dyestuffs; mordants; raw natural resins; metal in foil and powder form for painters, decorators, printers and artists
Class 3: bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; dry-cleaning preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; aerosol products for mouth care, not for medical use, sunscreen products; laundry starch, emery paper, sandpaper
Class 4: industrial oils and greases; lubricants; dust-absorbing, wetting and binding compositions; fuel (including motor gasoline) and illuminants; candles, wicks, wool grease
Class 5: veterinary and sanitary products; dietetic preparations for medical use; appetite-suppressing preparations for medical use; chewing gum, fruit-flavored chewing gum and candy for medical use; food for babies; plasters, materials for dressings; sanitary diapers for the sick, sanitary articles for women, including sanitary towels, panty liners, tampons, sanitary panties; chemical contraceptives, material for stopping teeth and dental wax; adhesives for dentures, dental mastics; disinfectants, deodorants, other than for personal use, air-freshening sprays, pesticides; fungicides, herbicides
Class 6: common metals and alloys thereof; building materials of metal; metallic constructions (transportable or non-transportable); materials of metal for railway tracks; non-electrical metallic cables and wires; metallic ironmongery and locksmithing articles; metallic pipes and conduits, safes, works of art and decorative objects made of base metals, banknote clips made of base metals, metal products included in this class, including anchors, anvils, taps for casks, bottle caps, containers, money caskets; signboards, including license plates for vehicles, boards, including signaling boards, non luminous and non mechanical; transportation containers, tanks, ores
Class 7: machines, including filling machines, elevators (with the exception of ski tows), excavators, construction machinery, bulldozers, printing machines, electrical kitchen machines for chopping, grinding, pressing and stirring, labeling machines, meat choppers (machines), belt conveyors, power blowers, electricity generators, current generators and alternating current generators; mechanically-operated elevating apparatus, cranes, milking machines, sewing machines, paper machines, polishing machines other than for household purposes, mechanically-operated presses, trueing machines, cutting machines for industrial purposes, welding machines, textile machines, packaging machines, rolling machines, dishwashers, washing machines, milling machines; machine tools, engines and motors, other than for land vehicles, couplings and transmission components, other than for land vehicles; exhaust mufflers, agricultural implements other than hand-operated; egg incubators; spray guns for paint with an air brush
Class 8: hand-operated hand tools; hand-operated instruments for agricultural, horticultural and silvicultural purposes, for building machines, apparatus and vehicles as well as for construction engineering; cutlery products, flatware (knives, forks and spoons), side arms, other than firearms, electric or non-electric razors, electric or non-electric machines for cutting hair and shearing machines, belts for tools
Class 9: scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), emergency (life-saving) and teaching apparatus and instruments; apparatus and instruments for conducting, opening and closing, transforming, storing, adjusting and monitoring current; apparatus for recording, transmitting and reproducing sound and images; walkie-talkies, mobile telephones, photocopying apparatus and machines, magnetic recording media, including videotapes, sound recording disks; portable stereo apparatus; automatic vending machines and mechanisms for coin-operated apparatus; automatic cash-dispensing machines, automatic teller machines, automated apparatus for having one's picture taken; video games designed to be used only with a television set, video games not operated by inserting money; apparatus for recreational use and designed to be used exclusively with a television set; cash registers, calculating machines; data processing apparatus and computers; all types of data media in machine-readable form and provided with programs; downloadable electronic publications; computer programs and software; game programs for computers; mouse pads, navigation apparatus for vehicles, protective garments, including protective eyewear, protective masks, protective helmets, particularly for sports; protective devices including the ones for protection against acoustic impacts, screens for protection of the human body, face shields; spectacles, frames and cases for spectacles, sunglasses, sports glasses; split audio headsets; breathing apparatus for underwater swimming, swimming belts and swimming floats; special receptacles (cases, sleeves, housings) adapted to the apparatus belonging to this class; luminous beacons, locator beacons, life buoys, signaling buoys; wind sleeves; electric batteries and storage batteries; magnets, illuminated signs, neon signs, indicator boards; gasoline pumps for service stations; fire extinguishers
Class 10: surgical, medical, dental and veterinary apparatus and instruments, surgical implants, including artificial limbs, eyes and teeth; orthopedic articles; suture materials, condoms, non-chemical contraceptives, vibrators, vibrating massage apparatus, pacifiers (teats)
Class 11: apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, including wash-hand basins, bidets, toilets, installations for toilets and bathrooms; refrigerators, apparatus for cooling drinks; ventilation and air-conditioning apparatus, also for vehicles; lighting apparatus for vehicles, including lights and reflectors for vehicles; electric lamps, lamps for bars; diving lamps; gas generators; solar collectors and solar accumulators
Class 12: vehicles; land, air or water locomotion apparatus; refrigerating cars; air-cushion vehicles; parachutes, vehicle parts, parts for land, air or water locomotion apparatus, parts for air-cushion vehicles; bicycles and spare parts thereof (included in this class), bicycle accessories, including luggage racks, bells, nets, motors, pumps, anti-theft devices, covers for saddles, bicycle kickstands, saddle covers for motorcycles; golf carts and baby carriages; accessories for cars, including tires, seats and seat covers, trailer hitches, roof racks, ski racks, mudguards, snow chains, wind deflectors, headrests, seat belts, safety seats for children, horns, steering wheels, wheel rims, shock absorbers; engines for land vehicles
Class 13: firearms, ammunition and projectiles, explosives, fireworks, firecrackers, guns and rifles, including hunting rifles, compressed air guns; parts of guns and rifles, especially gun and rifle barrels, hammers for guns and rifles; sheaths for guns and rifles
Class 14: precious metals and their alloys and goods made of or coated with these materials not included in other classes, including handicrafts, ornamental objects, tableware (excluding cutlery), table centerpieces, ashtrays, cigar and cigarette cases, cigar and cigarette holders; key rings, jewelry, including rings of precious metals, precious stones, including fashion jewelry, cuff links and tie pins; watches and chronometric instruments; wristwatches and watchbands; watch cases; cases for all the aforesaid goods
Class 15: musical instruments; mechanical pianos and their accessories; musical boxes; electric and electronic musical instruments; consoles; music synthesizers
Class 16: paper, cardboard and goods made from these materials, not included in other classes, including paper napkins, paper filters, paper tissues, toilet paper, diapers and napkins of paper, packages made of paper or cardboard; packaging containers, packaging cones; printed matter, including prospectuses, brochures and leaflets; bookbinding material; photographs; posters, transparencies, paper flags, signboards of paper or cardboard; boards with a device for wedging or clipping paper; stationery, transfers, stickers, non-textile labels, also labels to be applied by ironing, adhesives for stationery or household purposes; artists' supplies, including articles for drawing, painting and modeling; paintbrushes; typewriters and office requisites (except furniture); instructional or teaching material (except apparatus); plastic materials for packaging (not included in other classes); printer's type, printing blocks, writing slates and writing boards, writing and drawing instruments, plastic self-adhesive sheets for decoration
Class 17: rubber, gutta-percha, gum, asbestos, mica and goods made thereof not included in other classes; products made of semi-processed plastics; sealing, packing and insulating materials; flexible nonmetallic pipes; plastic sheets, excluding those for packaging purposes; insulating paints and lacquers
Class 18: leather and imitation leather, goods made thereof not included in other classes, including bags and other containers not adapted to the products they are intended to contain, as well as small leather goods, including purses, wallets, key cases; handbags, briefcases, shopping bags, school bags; traveling bags, backpacks, shoulder straps, animal skins and hides; suitcases and trunks, traveling sets (leather goods), umbrellas, parasols and walking sticks; whips and saddlery
Class 19: nonmetallic building materials; nonmetallic rigid pipes for building; asphalt, pitch and bitumen; transportable or fixed buildings (not of metal), nonmetallic monuments; works of art and decorative objects made of stone, concrete or marble; indicator boards, non luminous, non mechanical and non metallic; nonmetallic gates
Class 20: furniture, mirrors, frames; furniture and tables of metal or plastic materials; indoor blinds (not of metal) for windows, goods included in this class made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, tortoiseshell, amber, mother-of-pearl, meerschaum, substitutes for all these materials or of plastics; works of art and decorative objects of wood, wax, plaster or plastic materials; identity plates, not of metal, wardrobes, coat stands, bottle closures, boards for hanging keys, plugs (pegs) of plastic material, display boards and signboards of wood and plastics, flagpoles; containers made of plastic; nonmetallic tanks for liquid fuel
Class 21: household or kitchen utensils and containers (neither of precious metal nor coated therewith); drinking containers and drinking glasses; bottles and drinking bottles, ice buckets, ice boxes and freezing blocks, ice cube molds, combs and sponges; brushes (except paintbrushes); brush-making materials; cleaning equipment, apparatus (sprays) for dispensing room odorizers, steel wool; unworked or semi-worked glass (except glass used in building); glass products, chinaware and earthenware not included in other classes; works of art and decorative objects made of glass, porcelain and earthenware; signboards of porcelain or glass; beauty care instruments; cooking pot sets and buckets made of sheet metal, aluminum, plastic or other materials
Class 22: ropes, strings, nets, tents, marquees, tarpaulins, sails, bags included in this class
Class 23: yarns and threads for textile purposes
Class 24: textile fabrics; textile products included in this class, including textiles, textile materials of imitation leather, non-woven fabrics, curtains, household linen, table and bed linen; bed linen made of paper; shower curtains made of textile materials or of plastic sheets, banners made of textile materials, flags not made of paper; labels, also labels to be applied by ironing made of textile materials, stickers made of textile materials, sewing labels, textile wall hangings
Class 25: clothing, footwear, headgear, including t-shirts, ladies' shirts, sweaters, anoraks, windbreaker jackets, aprons, head coverings, hats, headbands, suspenders, money-belts, caps; sportswear and sports shoes and boots, football or soccer boots and studs therefor, ski boots, non-slipping devices for boots and shoes, corsetry articles, babies' diapers of textile
Class 26: lace and embroidery, ribbons and braids; buttons, hooks and eyelets, pins and needles, clip-on badges or lapel badges, belt clasps, trouser clips for cyclists, pom-poms, lace trimmings, competitors' numbers, artificial flowers
Class 27: carpets and rugs, doormats, anti-slip mats for bar counters, mats, linoleum and other floor coverings; non-textile wall hangings, gymnastic mats, car mats, artificial turf
Class 28: games, toys, playing cards, jokes and conjuring tricks, confetti, gymnastic and sports articles included in this class; gymnastic and sporting apparatus, including apparatus for winter sports, including skis, snowboards, ice skates and snow boots; tennis and fishing equipment; special bags for sports gear, including bags for skis and surf boards, cricket, golf and tennis bags; ski bindings, ski poles, ski edges, skins for off-track skis, bindings for snowboards, balls for games, dumb-bells, balls (weights), discuses, javelins, tennis rackets, cricket bats, golf clubs and hockey sticks; roller skates, inline roller skates, tables for table tennis, christmas tree decorations, balls giving the impression that it's snowing when shaken, electric and electronic games (excluding those designed for use only with a television receiver); remote-controlled cars (toys); automatic apparatus (games of chance) operated by inserting cash and entertainment apparatus; fencing weapons, bows, nets for ball games, nets for tennis, fishing implements, fish hooks, landing nets, flippers for swimming, paragliders, skateboards, surf boards, exercise boards, sailboards, trapeze harnesses and masts for surf boards; elbow guards and knee guards
Class 29: meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruit and vegetables; jellies, jams, compotes; eggs, milk and dairy products; edible oils and fats, canned meat, fish, fruit and vegetables; mixed beverages made with milk; desserts made with yogurt, soft white cheese and cream
Class 30: coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours and cereal preparations, bread, pastry and confectionery, edible ices; honey, treacle; yeast, baking powder; salt, table salt, mustard; vinegar, sauces (condiments), salad dressings, spices; ice for refreshment, beverages made with coffee, tea, cocoa and chocolate; iced tea, coffee and cocoa preparations for making alcoholic and non-alcoholic beverages, cereals prepared for a human diet, particularly oat flakes or other cereal flakes, flavorings for foodstuffs; sweetmeats, candy, fruit-flavored chewing gum, chocolate, products made with chocolate, pralines with liqueur filling, chocolate mixes containing alcohol, chewing gum, cereal bars with fruit and muesli bars
Class 31: agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruit and vegetables; sowing seeds, natural and dried plants and natural flowers, animal feed; malt, fresh walnuts and hazelnuts, mulch (humus layer), litter peat
Class 32: non-alcoholic beverages including refreshing beverages, energy drinks, whey beverages and isotonic beverages (hypertonic and hypotonic beverages), for sportsmen and women, adapted to their needs; non-alcoholic malt based beverages, beers, wheat beer, beers called premium lager, porter, ale and stout; mineral and carbonated waters, fruit drinks and fruit juices; syrups, essences and other preparations for making beverages as well as effervescent tablets and powders for making non-alcoholic beverages and cocktails
Class 33: alcoholic beverages (except beer), hot and mixed alcoholic beverages, including alcoholic energy drinks; mulled wines and mixed alcoholic beverages containing milk; wines, spirits and liqueurs, alcoholic preparations for making beverages; cocktails and aperitifs made with spirits or wines; beverages containing wine; alcoholic malt-based beverages
Class 34: tobacco, products made with tobacco, including cigars, cigarettes, smoking tobacco, chewing tobacco, snuff tobacco; tobacco substitutes for non-medical purposes; smokers' articles, namely snuffboxes, cigar holders or cigarette holders, cigar and cigarette cases, ashtrays, humidifiers, all the aforesaid goods being neither of precious metals, nor of their alloys or plated therewith; pipe racks, pipe cleaners, cigar cutters, pipes, pipe pouches, lighters, utensils in the form of bags for rolling one's own cigarettes, cigarette paper, cigarette boxes, cigarette filters; matches
Class 35: advertising, including promotion of goods and services as well as of competitions, also of sporting activities; development of advertising means; distribution of advertising products; on-line advertising on a computer network; rental of advertising time in communication media; grouping and compilation of articles appearing in the press regarding various subjects; business organization consultancy; business management; business administration; office work, organization of exhibitions and fairs for economic and publicity purposes; rental of vending machines; grouping of a large number of products for third parties, enabling consumers to see and buy them at their convenience
Class 36: insurance underwriting; financial affairs; monetary affairs; on-line banking services (home banking), real estate affairs
Class 37: repair and servicing of utility vehicles and aircraft; construction, repair, installation services; operation of a service station
Class 38: telecommunications, broadcasting of radio and television programs; electronic transmission of announcements; provision of telecommunication links to a global computer network; trunking, routing and linking services for telecommunication; services in connection with teleconferences, provision of access to a global computer network
Class 39: transportation of persons and goods by airplanes, by vehicles, by railway and by boats, travel arrangement, organization of services provided in the field of tourism, arranging city tours, escorting of travelers; leasing of planes and vehicles; parcel delivery, packaging and storage of goods; storage of electronic data or documents in computer memories
Class 40: treatment of materials
Class 41: education; training; entertainment, including music performances as well as radio and television entertainment; sporting and cultural activities, including organization of sports competitions; services provided by night clubs, bars and discotheques; organization of fairs and exhibitions for cultural, sporting and instructional purposes; lending of video tapes and cassettes, video-film production, recording of videotapes and of microfilms, publication of electronic books and magazines on the internet; electronic publishing services (computer-aided publishing), providing electronic publications on line, services consisting in free supply of games on line, provision of karaoke installations; digital imaging services; services consisting in music composition
Class 42: scientific and technical services as well as research and design relating thereto; industrial analyses and research services; design and development of computer equipment and computer software; programming; conversion of computer programs and of data (without physical change), design for computer systems, conversion of data or documents from physical media to electronic media; configuration and maintenance of web sites for third parties; rental and maintenance of storage spaces in the form of web sites for third parties; software installation, legal services (research and advice); advice about industrial protection rights, issuing of licenses for industrial protection rights, administration of copyrights; monitoring services in the field of intellectual property; services provided by an industrial designer, services provided by engineers
Class 43: services consisting in the provision of foodstuffs and beverages, including services provided by bars, coffee shops, cafeterias, canteens, snack bars, restaurants, self-service restaurants; catering services; reservation of rooms in hotels, inns, holiday camps, tourist homes, motels; room bookings, services provided by boarding facilities for animals, rental of portable buildings, bars and tents; rental of seats, tables, table linen, glass goods and equipment for bars
Class 44: medical and veterinary services; beauty care and health care for humans and animals; tattooing; services provided in agriculture, horticulture and forestry
Class 45: clothing rental, rental of clothing and fancy dress, fire extinguishing services, funeral director's services and crematoriums, services provided by a private detective, missing persons investigations, opening of security locks, security consultancy, mediation in connection with adoption procedures, horoscope casting, planning of religious events, marriage bureaux, escorting people (chaperoning services), security services for respect of property and personal safety; dating services
Endorsements Provisions of paragraph 44(3)(b) applied.
Annexure B
Trade mark:
Number: 2087367
Priority date: 11 May 2020
Owner: Red Bull GmbH
Specification:
Class 1: chemicals used in photography; fire extinguishing compositions; tempering and soldering preparations; chemical additives for oils
Class 2: paints; anti-fouling paints; varnishes; lacquers; binding agents and thinners for paints; turpentine (thinner for paints); preservatives against rust and against deterioration of wood; colorants; mordants
Class 3: cleaning, polishing, scouring and abrasive preparations; soaps; joss sticks; perfumery; essential oils; cosmetics; hair lotions; sunscreen preparations; emery paper; sandcloth
Class 4: industrial oils and greases; lubricants; motor vehicle lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; lanolin; candles and wicks for lighting
Class 5: dietary and nutritional supplements for endurance sports; dietary and nutritional supplements for humans; food supplements; vitamin supplements; vitamin drink, vitamin preparations, mineral preparations and substances for medical use; fortifying and strengthening preparations, namely tonics and preparations and products containing minerals and/or vitamins and/or trace elements for health purposes; traditional Chinese medicines; medicinal infusions including herb teas; dietetic food and substances adapted for medical use; chewing gum, fruit gums and sweets for medical use; dietary supplements for humans; plasters; materials for dressings; disinfectants; deodorants, other than for human beings or for animals; deodorizing room sprays; tobacco-free cigarettes for medical purposes
Class 6: transportable buildings of metal; non-electric cables and wires of common metal; wire of common metal; foils of metal for wrapping and packaging; ironmongery and small items of metal hardware; pipes and tubes of metal; safes (strong boxes); statues and figurines (statuettes) of common metal; works of art of common metal; boxes of common metal; busts of non-precious metal; ingots of common metal; buckles of common metal (hardware); advertisement columns of metal; anchors; anvils; bottle closures of metal; ice moulds of metal; rings of common metal for keys; metal tanks; cashboxes of metal; signboards of metal; registration plates of metal; building panels of metal; signalling panels, non-luminous and non-mechanical, of metal; containers of metal (storage, transport); locks of metal for vehicles; bicycle parking installations of metal
Class 7: machines, including filling machines; lifts (other than ski-lifts); excavators; construction machines; bulldozers; printing machines; electric kitchen appliances for chopping, grinding, pressing, stirring; labellers; meat grinders, electric; belts for conveyors; fans (other than hand operated) being parts of machines; fans (other than hand operated) for motors and engines; electric generators; current generators and alternators; lifting apparatus other than hand-operated; cranes (lifting and hoisting apparatus); polishing machines (other than for household purposes, electric); mechanical presses other than hand-operated; trueing machines; industrial cutters; welding machines, electric; packing machines; rolling mills; dishwashers; washing machines; shredders; machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); exhausts for motors and engines; air brushes for applying color; automatic vending machines; fuel dispensing pumps for service stations; filling machines
Class 8: hand tools and implements (hand-operated); cutlery; side arms; electric and non-electric razors; electric and non-electric hair cutters and clippers (hand instruments); tool belts (holders)
Class 9: scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, 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; walkie-talkies; portable and mobile telephones and parts, spare parts and equipment, and in particular holders and sheaths; electric cables; electric plugs; electrical adaptors; batteries; accumulators; charging devices for accumulators for wireless mobile phones; subscriber identity module cards, also for use with portable and mobile phones; mobile phone face plates; ring tones (being downloadable ringtones); software for mobile phones (apps); downloadable sound, music, image and video recordings; interactive games played on computers; photocopying apparatus and machines; magnetic data carriers; sound recording discs; compact discs; dvds and other digital recording media; video tapes; portable music players; mechanisms for coin-operated apparatus; cash registers; calculating machines; data processing equipment; computers; computer software; fire-extinguishing apparatus; automatic cash dispensing machines; ticket dispensers; coin-operated automatic photographic booths; machine readable data carriers; electronic publications (downloadable); computer programs; computer game software; mouse pads; navigation apparatus for vehicles; protective clothing (body armour); protective spectacles; protective masks; protective helmets, in particular for sports purposes; protective visors including ear, body and face protective shields; spectacles; spectacle frames; spectacle cases and holders; sunglasses; goggles for sports; headphones; cases, sheaths, housings specially adapted for apparatus and instruments included in this class; light, marker, life-saving and signaling buoys; wind socks for indicating wind direction; electric batteries and accumulators; magnets; luminous signs; luminous advertising signs; bracelets (encoded identification-), magnetic; processors (central processing units); chips (integrated circuits); computer peripheral devices; data processing apparatus; electronic notice boards; hands free kits for phones; laptop computers; loudspeakers; magnetic data carriers; telephone apparatus; television apparatus; video game cartridges; wire connectors (electricity); wires, electric; remote control apparatus; video screens
Class 10: medical apparatus and instruments; suture materials; condoms; non-chemical contraceptives; vibromassage apparatus
Class 11: apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilation (air-conditioning), water supply and sanitary installations; wash-hand basins and bowls (parts of sanitary installations); bidets; toilets (water-closets); bath fittings; bath installations; refrigerators; beverage cooling apparatus; refrigerating display cabinets (display cases); ventilation (air-conditioning) installations for vehicles; lighting apparatus for vehicles; lighting installations for air vehicles; vehicle reflectors; electric lamps; bar lamps; diving lights; solar thermal collectors (heating); heat and steam accumulators; grills (cooking appliances); plate warmers; toasters; ice boxes and chests; stoves
Class 12: vehicles; apparatus for locomotion by land, air or water; refrigerated trucks; air cushion vehicles; parachutes; parts for vehicles; parts for apparatus for locomotion by land, air or water; parts for air-cushion vehicles; bicycles and individual parts therefor (included in class 12); bicycle accessories, namely luggage carriers for bicycles, bells for bicycles, dress guards for bicycles, motors for cycles, bicycle pumps, saddle covers for bicycles, stands for bicycles; saddle covers for motorcycles; golf carts and baby carriages; automobile accessories, namely tires, seats and seat covers, trailer hitches, roof racks, ski carriers, mudguards, snow chains, wind deflectors, head rests, safety belts, child safety seats, horns, steering wheels, wheel rims, shock absorbers; covers for vehicle steering wheels; motors for land vehicles
Class 13: fireworks; firecrackers
Class 14: precious metals and their alloys; statues, statuettes and figurines (statuettes) of precious metal; boxes of precious metal; badges of precious metal; key rings (trinkets or fobs); works of art of precious metal; ornaments (jewelry); chains, earrings, rings, bracelets and necklaces of precious metal; precious stones and semi-precious stones; diamonds and agates; pearls (jewelry); paste jewelry (costume jewelry); cuff links; tie pins; coins; horological and chronometrical instruments; clocks; watches; chronometers; wrist watches and watch straps; clock cases; watch cases; cases for clock- and watch making; jewelry cases (caskets)
Class 15: instruments; mechanical pianos; musical boxes; electric and electronic musical instruments; music stands; music synthesizers
Class 16: paper, cardboard; towels of paper; table napkins of paper; filter paper; handkerchiefs of paper; toilet paper; bottle envelopes of cardboard or paper; packing paper; bags (envelopes, pouches) of paper or plastics, for packaging; printed matter; leaflets; magazines; books; printed publications; newspapers; newsletters; prospectuses; manuals; booklets and graphic representations; cards; greeting cards; brochures and folders (stationery); bookbinding material; photographs (printed); periodicals; posters; calendars; catalogues; transparencies (stationery); flags of paper; signboards of paper or cardboard; clipboards; stationery; transfers (decalcomanias); stickers (stationery); labels, including iron-on labels not of textile; adhesives (glues) for stationery or household purposes; artists materials, including pencils, pastels (crayons), watercolors (paintings), aquarells, artists' watercolour saucers, painters' easels, modelling materials; paint brushes; stamps (seals); typewriters, electric and non-electric; office requisites, except furniture; instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); plastic film for wrapping; plastic bubble packs for wrapping or packaging; printers' type; printing blocks; blackboards; writing and drawing instruments; writing and drawing materials; self-adhesive tapes for stationery or household purposes; money clips
Class 17: decorative articles (badges) made of mica, mica electrical insulators; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal; plastic film (other than for wrapping); insulating paints and lacquers; insulating refractory materials
Class 18: leather and imitations of leather, unworked or semi-worked; boxes and cases of leather or leather board; leather bags for packaging; bags for climbers and campers; bags for sports and beach; small goods of leather; purses; pocket wallets; key cases; handbags; briefcases; shopping bags; school satchels; rucksacks; shoulder belts (straps) of leather; animal skins; hides; furs; trunks and suitcases (luggage) and travelling bags; travelling sets (leatherware); umbrellas, parasols and walking sticks; whips, harnesses for animals and saddlery
Class 19: building materials (non-metallic); non-metallic rigid pipes for building; refractory construction materials, not of metal; asphalt, pitch and bitumen; non-metallic transportable and non-transportable buildings; monuments (not of metal); decorative objects and works of art of stone, concrete or marble; signaling panels, non-luminous, non-mechanical and not of metal; gates (not of metal)
Class 20: furniture; hand-held mirrors (toilet mirrors); mirrors; picture frames; corks, caskets made of cork, cork memo boards; containers made of cane, wicker basket, caskets made of wicker; artificial horns, containers made of horn, horn, unworked or semi-worked; containers made of bone, statuettes of bone; ivory, unworked or semi-worked, statuettes made of ivory, caskets made of ivory; whalebone, unworked or semi-worked, caskets made of whalebone; tortoiseshells (unworked or partly worked material); yellow amber, caskets made of amber, statuettes made of amber; mother-of-pearl, unworked or semi-worked, caskets made of mother of pearl; meerschaum (raw or partly worked material), caskets made of meerschaum; furniture and tables of plastic or metal; indoor window blinds (shades) (furniture); works of art and decorative objects, of wood, wax, plaster or plastic; nameplates, not of metal; garment covers (storage); coat hangers; bottle closures, not of glass, metal or rubber; screw tops, not of metal, for bottles; keyboards for hanging keys; pegs (pins), not of metal; display boards and signboards of wood or plastic; cask stands, not of metal; boxes of wood or plastic; flagpoles; registration plates, not of metal; packaging containers of plastic; containers, not of metal, for liquid fuel; bedding (except linen); decorations of plastic for foodstuffs; desks; display stands; newspaper display stands
Class 21: household or kitchen utensils and containers; hand-operated cleaning instruments; soap dispensers; dustbins; flower pots; drinking vessels and drinking glasses; bottles and flasks; ice buckets; coolers (ice pails); ice cube moulds; non-electric portable coolers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass, except glass used in building; glassware, porcelain and earthenware not included in other classes; statues, statuettes and works of art of glass, porcelain, terra-cotta, earthenware or ceramic; signboards of porcelain or glass; cosmetic utensils; cooking pot sets; crockery; cocktail stirrers; shakers; pails, not for medical purposes; aerosol dispensers, not for medical purposes; deodorising apparatus for personal use; fitted vanity cases; coasters, not of paper and other than table linen; dishes; menu card holders; pitchers
Class 22: ropes; string; nets; car towing ropes; network; ropes, not of metal; wrapping or binding bands, not of metal; tents; awnings; tarpaulins; sails; sacks and bags; bags (envelopes, pouches) of textile, for packaging; bags (sacks) for the transport and storage of materials in bulk; padding and stuffing materials (except of paper, cardboard, rubber or plastics); raw fibrous textile materials
Class 24: textiles not included in other classes; cotton fabrics; silk; linen; velvet; knitted fabric; lingerie fabric; plastic material (substitute for fabrics); textile material not included in other classes; fabric for textile use and footwear; fabric of imitation animal skins; non-woven textile fabrics; curtains of textile or plastic; household linen; table covers, not of paper; bed covers; bed linen; bath linen, except clothing; shower curtains of textile or plastic; banners; flags, not of paper; labels of cloth, including iron-on labels; textile stickers; sew-on labels; wall hangings of textile; sleeping bags (sheeting)
Class 25: clothing; Tee-shirts; blouses; sweaters; anoraks; jackets (clothing); coats; dresses; knitwear (clothing); aprons (clothing); trousers; shorts; skirts; tops; braces for clothing (suspenders); corselets and corsets (underclothing); belts (clothing); money belts (clothing); sun visors; sports wear; clothing of leather; outerclothing; socks; uniforms; clothing for gymnastics; cyclists' clothing; motorists' clothing; footwear; sandals; slippers; sports boots and shoes; football boots and studs; ski boots; non-slipping devices for footwear; headgear for wear; caps (headwear); hats; headbands (clothing); bandanas
Class 26: ribbons (haberdashery); prize ribbons; elastic ribbons; pins, other than jewelry; badges for wear, not of precious metal; belt clasps; trouser clips for cyclists; competitors' numbers; hair bands; heat adhesive patches for repair and decoration of textile articles; lanyards (cords) for wear
Class 27: carpets; rugs; mats; bar mats and matting; linoleum and other materials for covering existing floors; floor coverings including vinyl floor coverings; wall hangings, not of textile; gymnastic mats; automobile carpets; artificial turf
Class 28: games and playthings; dolls; plush toys; puppets; toy pistols; play balloons; playing cards; bingo cards; practical jokes (novelties); confetti; appliances for gymnastic; gymnastic and sporting articles not included in other classes; skis; snowboards; ice skates and snowshoes; machines for physical exercises; stationary exercise bicycles; trampolines; targets, electronic and non-electronic; tennis equipment; tennis nets and tennis ball throwing apparatus; angling equipment; artificial fishing baits; fish hooks; bags specially adapted for use with sports equipment; bags especially designed for skis and surfboards; cricket bags; golf bags; tennis bags; ski bindings; edges of skis; sole coverings for skis; snowboard bindings; balls for games; dumb-bells; shotputs; discuses for sports; javelins; rackets; bats for games; cricket bats; golf clubs and hockey sticks; roller skates; in-line roller skates; indoor football table; tables for table tennis; billiard tables; decorations for Christmas trees, except illumination articles and confectionery; snow globes; gaming machines for gambling; apparatus for games; video game machines; arcade video game machines; amusement machines automatic and coin-operated; slot machines (gaming machines); hand-held video games; hand-held computer games; scale model vehicles; radio-controlled toy vehicles; toy vehicles; scooters (toys); fencing weapons; bows for archery; nets for sports; fishing tackle; landing nets for anglers; swimming webs (flippers); swimming belts and water wings; paragliders; hang gliders; skateboards; surf boards; body boards; windsurfing boards; harness for sailboards; masts for sailboards; protective paddings (parts of sports suits)
Class 29: milk and milk products; mixed milk beverages (milk predominating); soya milk (milk substitute)
Class 30: coffee; tea; cocoa; sugar; artificial coffee; preparations made from cereals; bread; pastry and confectionery; ices (ice cream); edible salt; mustard; vinegar; sauces (condiments); ice; coffee, tea, cocoa and chocolate drinks; iced tea; coffee and cocoa preparations for making alcoholic and non-alcoholic beverages; flavorings, other than essential oils; sweets; candy; fruit gums; chocolate; chocolate products; pralines with liqueur fillings; chocolate mixtures containing alcohol; chewing gums; fruit and muesli bars
Class 31: fresh fruits
Class 33: alcoholic beverages (except beers); hot and mixed alcoholic drinks; alcoholic energy drinks; mulled wine; distilled beverages; pre-mixed alcoholic beverages, other than beer-based; alcoholic beverages containing fruit and alcoholic fruit extracts; wine; cider; spirits (beverages) and liqueurs, including gin, rum, vodka, whisky, brandy; alcoholic essences and extracts for making beverages; cocktails and aperitifs; bitters
Class 34: smokers' articles; tobacco jars and pouches; cigar and cigarette holders; cigar and cigarette cases; ashtrays for smokers; humidors; pipe racks and cleaners for tobacco pipes; cigar cutters; tobacco pipes; lighters for smokers; pocket machines for rolling cigarettes; cigarette paper; cigarette tips; cigarette filters; matches; electronic cigarettes
Class 35: advertising; sales promotion for others; arranging of advertising events and space; distribution of goods for advertising purposes; layout services for advertising purposes; on-line advertising on a computer network; rental of advertising time on communication media; news clipping services; business organization consultancy; business management; business administration; office functions; rental of vending machines; the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods; compilation of statistics; sponsorship search; commercial administration of the licensing of the goods and services of others; administrative processing of purchase orders; updating of advertising material; dissemination of advertising matter; arranging newspaper subscriptions for others; arranging subscriptions to telecommunication services for others; business information; commercial information agencies; compilation of information into computer databases; systemization of information into computer databases; public relations; publication and writing of publicity texts; radio advertising; production of radio and television commercials; rental of advertising space; television advertising; outdoor advertising; demonstration of goods; presentation of goods on communication media for retail purposes; sales promotion for others; commercial information and advice for consumers; opinions polling
Class 37: repair or maintenance of aircraft and automobiles; building construction; clothing repair, parasol repair, providing information relating to the repair or maintenance of aircraft, providing information relating to the repair or maintenance of clocks and watches; installation of computer hardware; electrical installation services; machines installation; installation of HVAC systems; installation of lighting apparatus; installation of motors; installation of refrigerating apparatus; installation of tents; installation of communication equipment; repair, servicing, maintenance of vehicles; refueling of vehicles; restoration of musical instruments; installation of doors and windows; swimming-pool maintenance; refilling of toner cartridges
Class 38: telecommunications; information about telecommunication; communication by telephone and cellular telephone; electronic mail services; providing Internet chatrooms; radio and television broadcasting; electronic bulletin board services (telecommunications services); providing telecommunications connections to a global computer network; telecommunications routing and junction services; teleconferencing services; providing user access to global computer networks; providing access to databases; voice mail services; news agencies; rental of telecommunication equipment; satellite transmission; providing telecommunications channels for teleshopping services
Class 39: transport of persons and goods by air, road, rail and boat; travel arrangement; tour organising, arranging of cruises, pleasure boat transport, transport of travellers, booking of seats for travel, boat rental, travel reservation; sightseeing; escorting of travelers; rental of aircraft and vehicles; parcel delivery; packaging and storage of goods; storage (physical) of electronically-stored data or documents; franking of mail; traffic information
Class 40: vulcanization (material treatment), treatment of materials by laser beam, metallurgical processing, treatment of materials using chemicals, surface polishing, heat treatment and coating of steel, treatment of materials for the manufacture of ceramic goods, food and drink preservation; crease-resistant treatment of fabric, clothing alteration, dressmaking; cloth treating; processing of cinematographic films, photocomposing services; custom tailoring; photographic film development; printing
Class 41: education; teaching; tuition; academies (education); recreational parks and amusement parks; providing of training, including practical training (demonstration); entertainment; presentation of live performances; radio, music, cinema and television entertainment; circuses; sporting and cultural activities; racing and sport teams management, in particular in the motorsport sector (entertainment, education, coaching); sports facility services for racing and sport teams, in particular in the motorsport sector; providing sports facilities for racing and sport teams, in particular in the motorsport sector; organization of sports competitions; night clubs and discotheque services; organization of exhibitions for cultural, sporting or educational purposes; rental of videotapes, motion pictures, games equipment and sound recordings; cinema, movie and video film production, other than advertising films; videotaping and microfilming; publication of books, texts (other than publicity texts), electronic books and journals on-line; electronic desktop publishing; providing on-line electronic publications, not downloadable; game services provided on-line from a computer network; providing karaoke services; music composition and production services; layout services, other than for advertising purposes; animal training; health club services (health and fitness training); library services; operating lotteries; language interpreter services; arranging and conducting of seminars, symposiums, congresses, contests and concerts; dubbing; gambling; photography; recording studio and television studio services; rental of sports grounds and stadium facilities; subtitling
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; computer programming; data conversion of computer programs and data (not physical conversion); computer system design; conversion of data or documents from physical to electronic media; creating and maintaining websites for others; hosting computer sites; installation of computer software; industrial designs; engineering; consultancy in the field of energy-saving; research in the field of environmental protection
Class 43: services for providing food and drink; bar services; cafes; cafeterias; canteens; snack bars; restaurants; self-service restaurants; food and drink catering; temporary accommodation; hotels; boarding houses; holiday camp services (lodging), tourist homes and motels; temporary accommodation reservations; boarding for animals; rental of transportable buildings, bars and tents; rental of chairs, tables, table linen, glass ware, cooking apparatus and bar equipment
Class 44: medical services; hygienic and beauty care for human beings; tattooing; sauna services; solarium services; health spa services; visagists' services
Class 45: consultancy services in the field of social issues such as hunger, alcohol and drug abuse, gambling, racism and inequality; security services for the protection of property and individuals; dating services; clothing rental; evening dress rental; fire-fighting; missing person investigations; opening of security locks; security consultancy; horoscope casting; escorting in society; licensing of computer software (legal services); registration of domain names (legal services); intellectual property consultancy; copyright management; licensing of intellectual property; intellectual property watching services; legal research; legal services; lost property return; mediation; rental of fire alarms; rental of fire extinguishers
Endorsements Provisions of paragraph 44(3)(b) applied.
Annexure C
Class 1: chemicals used in industry, science, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; leather and textile impregnating chemicals; adhesives for wallpaper; humus; compost; earth for growing; soil conditioning chemicals
Class 3: bleaching preparation, laundry wax, natural starches for laundry purposes; dry-cleaning preparations; dentifrices; breath freshening sprays; laundry starch
Class 5: pharmaceutical and veterinary preparations; caffeine preparations for stimulative use; sanitary preparations for medical purposes; dietetic food and substances adapted for veterinary use; appetite suppressants for medical purposes; food for babies; dietary supplements for animals; napkins for incontinence; hygienic articles for women, namely sanitary towels, panty liners, tampons, sanitary pants; chemical contraceptives; material for stopping teeth; dental wax; adhesives for dentures; dental mastics; preparations for destroying vermin; fungicides; herbicides
Class 7: milking machines; sewing machines; paper machines; machines for the textile industry; agricultural implements other than hand-operated; agricultural machines; incubators for eggs
Class 23: yarns and threads, for textile use
Class 26: lace; laces for edges and lace trimmings; embroidery; braids; buttons; hooks (haberdashery); eyes for clothing and shoes; needles; pom-poms; haberdashery, except thread; artificial flowers
Class 29: meat; fish; poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; edible oils and fats; meat, fish, fruit and vegetable preserves; desserts of yogurt, quark and cream; fermented vegetable foods (kimchi)
Class 30: rice; tapioca; sago; flour made from cereals; honey; treacle; yeast; baking-powder; salt; dressings for salad; spices; cereals for human consumption, including oat flakes and other cereal flakes
Class 31: agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh vegetables; seeds; natural and dried plants and natural flowers; foodstuffs for animals; malt; nuts (fruits); straw mulch; litter peat
Class 34: tobacco; smoking tobacco; snuff and chewing tobacco; cigars; cigarillos and cigarettes
Class 36: insurance; financial affairs; monetary affairs; home banking; real estate affairs
Class 45: funerals; undertaking; crematorium services; detective agencies; adoption agency services; organization of religious meetings; marriage agencies; inspection of factories for safety purposes
Annexure D
Class 1: chemicals used in industry, science, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; leather and textile impregnating chemicals; adhesives for wallpaper; humus; compost; earth for growing; soil conditioning chemicals
Class 3: bleaching preparation, laundry wax, natural starches for laundry purposes; dry-cleaning preparations; dentifrices; breath freshening sprays; laundry starch
Class 5: pharmaceutical and veterinary preparations; caffeine preparations for stimulative use; sanitary preparations for medical purposes; dietetic food and substances adapted for veterinary use; appetite suppressants for medical purposes; food for babies; dietary supplements for animals; napkins for incontinence; hygienic articles for women, namely sanitary towels, panty liners, tampons, sanitary pants; chemical contraceptives; material for stopping teeth; dental wax; adhesives for dentures; dental mastics; preparations for destroying vermin; fungicides; herbicides
Class 7: milking machines; sewing machines; paper machines; machines for the textile industry; agricultural implements other than hand-operated; agricultural machines; incubators for eggs
Class 23: yarns and threads, for textile use
Class 26: lace; laces for edges and lace trimmings; embroidery; braids; buttons; hooks (haberdashery); eyes for clothing and shoes; needles; pom-poms; haberdashery, except thread; artificial flowers
Class 29: meat; fish; poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; edible oils and fats; meat, fish, fruit and vegetable preserves; desserts of yogurt, quark and cream; fermented vegetable foods (kimchi)
Class 30: rice; tapioca; sago; flour made from cereals; honey; treacle; yeast; baking-powder; salt; dressings for salad; spices; cereals for human consumption, including oat flakes and other cereal flakes
Class 31: agricultural, horticultural and forestry products and grains not included in other classes; unprocessed agricultural products and grains not included in other classes; horticultural produce not included in other classes; unprocessed forestry products not included in other classes; live animals; fresh vegetables; seeds; natural and dried plants and natural flowers; foodstuffs for animals; malt; nuts (fruits); straw mulch; litter peat
Class 34: tobacco; smoking tobacco; snuff and chewing tobacco; cigars; cigarillos and cigarettes
Class 36: insurance; financial affairs; monetary affairs; home banking; real estate affairs
Class 45: funerals; undertaking; crematorium services; detective agencies; adoption agency services; organization of religious meetings; marriage agencies; inspection of factories for safety purposes
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