Red Bull GmbH v Leonard Grout
[2024] ATMO 97
•22 May 2024
TRADE MARKS ACT 1995
DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Opposition by Red Bull GmbH to registration of trade mark application number 2231913 (class 5) - COW & BULL (composite) - in the name of Leonard Grout
Delegate: | Benjamin Goldsworthy |
Representation: | Opponent: Lance Scott of Gestalt Law Pty Ltd Applicant: Anthony Place of Patentable |
Decision: | 2024 ATMO 97 Trade Marks Act 1995 (Cth) – opposition under section 52 – grounds of opposition under ss 42(b), 44, 60 and 62A pressed – s 44 ground of opposition established – trade mark refused. |
Background
On 27 November 2021 an application to register a trade mark under the Trade Marks Act 1995 (Cth)[1] was made in the name of Leonard Grout (‘Applicant’), the details of which I extract below:
Trade mark number: 2231913
Trade mark:
(‘Trade Mark’)
Goods: Class 5: Vitamin Supplements for Human Consumption[2]
[1] Unless specified otherwise, a reference in these reasons to a section is a reference to such in the Trade Marks Act 1995 (Cth) and a reference to a regulation is a reference to such in the Trade Marks Regulations 1995 (Cth).
[2] I note that the specification of goods was subsequently amended; see paragraphs [4] and [6].
The Trade Mark was examined, and acceptance was advertised 28 April 2022. On 28 June 2022, Red Bull GmbH (‘Opponent’) filed its Notice of Intention to Oppose. On 27 July 2022, the Opponent filed its Statement of Grounds and Particulars (‘SGP’). On 26 August 2022 the Applicant filed its Notice of Intention to Defend.
On 29 November 2022, the Opponent filed its Evidence in Support (‘EIS’) consisting of:
- a declaration of Jocelyn Wu, paralegal at the Opponent’s law firm Gestalt Law Pty Ltd, dated 29 November 2022, with Annexures JW-1 to JW-5 (‘Wu-1’);
- a declaration of Chris Feather, Founder and Manager of a business that trades as 98 Gym, dated 29 November 2022, with Annexure CF-1 (‘Feather’); and
- a declaration of Jennifer A Powers, Intellectual Property Counsel at the Opponent, dated 17 November 2022, with Annexures 1 to 19 (‘Powers-1’).
On 14 December 2022 the Applicant requested an amendment to the application to add the following endorsement and amend the goods as follows (bold text indicating additional words added to the specification of goods) (‘Amendments’):
Endorsement: The following disclaimer has been requested under subsection 74(1): The trade mark background consists of gradients or transitions, and is otherwise plain or clear, as illustrated in the representation on the application.
It is a condition of registration that, in use, the bovine devices and text elements contained within the trade mark are not rendered in RED or YELLOW (‘Endorsement’).
Goods: Class 5: Vitamin Supplements for Human Consumption; the aforementioned vitamin supplements being in the form of capsules, tablets and freeze-dried powders; the aforementioned vitamin supplements including an ingredient that is sourced from a bovine organ and/or gland (‘Applicant’s Goods’)
On 15 December 2022 the Applicant filed its Evidence in Answer (‘EIA’) consisting of a declaration of Leonard Grout, dated 14 December 2022 with Exhibits LG-01 to LG-10 (‘Grout’).
On 24 January 2023, this office confirmed by letter that the Amendments would be processed.
On 22 February 2023 the Opponent filed its Evidence in Reply (‘EIR’) consisting of:
- a declaration of Jocelyn Wu, dated 22 February 2023, with Annexures JW-6 to JW-11 (‘Wu-2’);
- a declaration of Kelly Foskett, patent scientist at Opponent’s law firm, dated 22 February 2023, with Annexures KF-1 to KF-12 (‘Foskett’); and
- a declaration of Jennifer A Powers, dated 20 February 2023, with Annexures JP-1 to JP-4 (‘Powers-2’).
On 20 March 2023, the Opponent requested to be heard. On 12 December 2023, the Applicant requested to be heard. I heard the matter by video conference on 23 February 2024. The Opponent was represented by Lance Scott of Gestalt Law Pty Ltd. The Applicant was represented Anthony Place of Patentable. I am to decide the matter as a delegate of the Registrar of Trade Marks.
Onus and grounds
The SGP nominates grounds under ss 42(b), 44, 59, 60 and 62A. The Opponent has the onus to prove one ground of opposition[3] and the standard of proof is that of the balance of probabilities.[4] The Opponent no longer presses the ground of opposition under s 59 and I consider it abandoned.[5]
Evidence
[3] Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, [32] (Keane CJ, Stone and Jagot JJ).
[4] Telstra Corporation Ltd v Phone Directories Co Pty Ltd [2015] FCAFC 156 (‘Telstra’), [133] (Besanko, Jagot and Edelman JJ).
[5] Opponent’s Submissions, [5].
EIS
Powers-1 provides background to the Opponent and its business. The Opponent launched a drink in Austria in 1987. This drink is now sold in numerous countries. The Opponent markets energy drinks under various trade marks including the word trade marks ‘Red Bull’ and ‘Bull’. Much of the evidence demonstrates use of the following logo trade mark in relation to energy drinks and sporting events:
(‘Red Bull Logo’)
The Opponent is also the owner of various registered trade marks in Australia, including registered trade mark 792346, which I extract below:
Trade mark number: 792346
Priority date: 27 April 1999
Trade mark:
(‘792346’)
Specification (among other things includes):[6] Class 32: Beer, mineral water and water containing carbon dioxide and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for use in preparing beverages (‘Opponent’s Goods’)
[6] I have extracted only the relevant portions of specification and otherwise extract the full specification of 792346 at Schedule 1 to these written reasons.
Powers-1 declares that the Opponent has ‘traded in Australia under the Red Bull brand since 1999.’. The Opponent’s drinks are sold at major food and drink retailers as well as hospitality venues. The Opponent owns which has had sizable impressions in Australia shown in the years 2014 to 2020. The Opponent has very significant sales in Australia and worldwide. It is said to have a sizeable market share in Australia and other countries. The figures provided do not specify the exact goods for which this market share pertains. The media and marketing expenses of the Opponent are shown to be significant in both Australia and worldwide for the years 2016 to 2021. The Opponent sponsors major sporting teams, and various motor sport and air sport events. The exact trade marks used in respect of these events and activities is not always specified throughout the evidence.
Powers-1 declares that the Applicant initially sought permission from the Opponent for use of a trade mark which contains the words ‘beef organs’ and an image of a single bovine of an identical shape to that shown in 792346 for use on its supplements. The Opponent refused permission. I extract the proposed trade mark below:
Feather claims that there are similarities and synergies between energy drinks and supplements, and that supplements can come in many different forms. Feather also states that the word ‘supplements’ refers to, ‘a substance for consumption that is designed to supply a deficiency. In My Industry, this will typically involve the following kinds of supplement products, which are delivered in a variety of forms, including tablets, capsules, liquids, powders, bars and snacks…’.[7]
[7] Feather, [11].
Wu-1 mostly concerns the results of visits to websites which show that vitamins and energy drinks are sold in proximity to each other. Photographs of these goods sold alongside each other in a store in Darlinghurst, Sydney and Paramatta are provided. The material was collected after the Relevant Date.
EIA
Grout provides the background of the adoption of the Trade Mark and application to register the Trade Mark. Various assertions are made in Grout about the trade marks not being deceptively similar. In financial year 2021-2022, the revenue for supplement products for human consumption is specified as a low amount in terms of value and volume. At Exhibit LG-01 to Grout is a screen capture of a third-party website dated 8 December 2022 showing the Applicant’s Goods being offered for sale. At Exhibit LG-02 and LG-03 are copies of sponsored advertisements for the Applicant’s Goods and Google advertising transactions for October 2022. A LinkedIn advertisement also appears at Exhibit LG-04 dated in December 2022. Grout acknowledges ‘the reputation of the RED BULL name, [Red Bull Logo] and “red bull gives you wings” catch phrase in relation to ready to drink (RTD) energy drink products’.[8] Grout also makes assertions about the extent of the reputation of these trade marks and that the energy drinks of the Opponent would not be considered as a complementary medicine. I need not summarise further the EIA.
[8] Grout, [37].
EIR
Wu-2 mainly concerns research of producers of various vitamins and supplements. Wu-2 shows that vitamins and supplements come in a variety of forms including power, capsules, gummies, tablets, chewables and liquids. Powers-2 concerns the branding of the Opponent’s energy drinks, including that the packaging often contains references to taurine. Powers-2 declares that, ‘some consumers believe [taurine] or other ingredients of Red Bull product is bovine-sourced’[9] and that it has warranted an entry in the ‘questions and answers’ page of the Opponent’s website. Foskett concerns predominately the ingredient taurine.
Consideration
[9] Powers-2, [24].
Section 44
Section 44 relevantly provides:
44 Identical etc. trade marks
(1) Subject to subsections (3) and (4), an application for the registration of a trade mark (applicant’s trade mark) in respect of goods (applicant’s goods) must be rejected if:
(a) the applicant’s trade mark is substantially identical with, or deceptively similar to:
(i) a trade mark registered by another person in respect of similar goods or closely related services; or
(ii) a trade mark whose registration in respect of similar goods or closely related services is being sought by another person; and
(b) the priority date for the registration of the applicant’s trade mark in respect of the applicant’s goods is not earlier than the priority date for the registration of the other trade mark in respect of the similar goods or closely related services.
Note 1: For deceptively similar see section 10.
Note 2: For similar goods see subsection 14(1).
Note 3: For priority date see section 12.
To establish the s 44 ground of opposition the Opponent must identify at least one trade mark which satisfies the following requirements:
it is in the name of a person other than the Applicant;
it has a priority date which is earlier than the Relevant Date;
it is substantially identical with, or deceptively similar to, the Trade Mark; and
it is in respect of goods which are similar to the Applicant’s Goods.
For the s 44 ground of opposition, the Opponent by its SGP relies on its registered trade marks 792346 and 2087367. For reasons which will become apparent I need only extract the details of 792346. 792346 is in the name of a person other than the Applicant and has a priority date before the Relevant Date.
Comparison of the goods
I must next consider whether the Applicant’s Goods are ‘similar’ to any of the Opponent’s Goods. The word ‘similar’ is defined as (a) the same as the Opponent’s; and/or (b) of the same description as the Opponent’s.[10] I must first construe the respective contents of the language in the Applicant’s Goods and the Opponent’s Goods. The Full Federal Court has summarised this question as, ‘whether, from a business and commercial point of view, the description…, as used in the specification of the “blocking” registration[, the Opponent’s Goods], would be understood as including [those in the Applicant’s Goods].’[11] If not the same, I should consider whether any of the goods are ‘of the same description’. The principal factors in a comparison of goods to determine whether they are of the same description are: (1) the nature of the goods, including their origin and characteristics; (2) the uses, including their purpose and (3) the trade channels through which the goods are bought and sold.[12] Relevant also is how consumers might regard the goods, including practically whether they would be likely to view there as being a single trade origin. I should be concerned with the notional fair use of goods expressed in the specification of each trade mark and not actual use of the parties.
[10] Section 14(1).
[11] Energy Beverages LLC v Cantarella Bros Pty Ltd [2023] FCAFC 44, [132] (Yates, Stewart and Rofe JJ) (‘Energy Beverages-1’).
[12] Re Jellinek’s Application [1946] RPC 59 (Romer J); Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2020] FCA 1808, [280] and [286] (Burley J).
The most relevant goods for comparison are Opponent’s ‘…other preparations for use in preparing beverages’ and the Applicant’s ‘vitamin supplements for human consumption’. The words of the Applicant’s ‘vitamin supplements for human consumption’ and the Opponent’s ‘syrups and other preparations for use in preparing beverages’ in class 32 are broad. Feather declares the wide meaning of the word ‘supplements’ and the various forms which these substances can take.[13] The word ‘supplements’ is defined as ‘something added to complete a thing, supply a deficiency, or reinforce or extend a whole’.[14] A ‘beverage’ is defined as ‘a drink of any kind…’.[15] Beverages are often vitamin infused and there are instances of the vitamin supplements for human consumption that are for the purposes of infusion with beverages, water or other liquids. The word ‘preparation’ is defined as ‘something prepared, manufactured, or compounded’.[16] The words ‘preparations for use in preparing beverages’ would certainly include substances added to liquids and in powders, capsules and tablets, that are used to mix flavoured and other drinks. Often vitamin supplements in capsule, powdered or tablet forms are dissolvable in a liquid, for infusion and consumption as a beverage. I consider that the substances resulting from the mixture of a compounded vitamin supplement preparation and water or other liquid to meet the description ‘beverage’.
[13] Feather, [11], [18]-[19].
[14] Macquarie Dictionary (Online, accessed 22 May 2024) (‘supplement’).
[15] Macquarie Dictionary (2e, 1995) 168 (‘beverage’). See also, Macquarie Dictionary (Online, accessed 15 May 2024) (‘beverage’).
[16] Macquarie Dictionary (2e, 1995) 1394. See also, Macquarie Dictionary (Online, accessed 15 May 2024) (‘preparation’).
Compounded vitamin supplement preparations often have dual functions of both refreshment and supplement of vitamins. Many beverage products have added protein, calcium, creatine, electrolytes or other vitamin supplements and these are often marketed for their supplemental qualities as well as refreshments. Such enriched products are at times sold side by side with preparations for use in preparing beverages without such additives. These enriched and non-enriched products can be manufactured by the same traders and sold through the same trade channels for the same nature and purpose. I note that the manner of consumption of preparations for making beverages and compounded vitamin supplements is also very often the same.[17] The Opponent’s evidence shows examples of preparations described as ‘peach ice tea’,[18] ‘green tea TX100 lemon lime’,[19] ‘lemon squash’,[20] ‘pre-workout coffee’[21] and ‘rosehip tea’.[22] One example of a powdered vitamin supplement preparation in Powers-1 describes the goods in marketing text as a ‘super food’, ‘nutrition in its natural best form’ and a ‘refreshing drink powder’.[23] This demonstrates the dual function and commercial recognition that these goods are sold as drinks as well as supplements. The evidence also otherwise establishes that makers of the various powdered preparations for making vitamin supplement beverages are often the same as those who produce other vitamin supplements for human consumption.
[17] Energy Beverages LLC v Kangaroo Mother Australia Pty Ltd [2023] FCA 999, [141] (O’Callaghan J) (‘Energy Beverages-2’).
[18] Wu-2, Annexure JW-6, 24.
[19] Wu-2, Annexure JW-6, 16.
[20] Wu-2, Annexure JW-6, 10.
[21] Wu-2, Annexure JW-6, 8.
[22] Wu-2, Annexure JW-10, 53.
[23] Wu-2, Annexure JW-6, 18 (my emphasis).
Overall, I consider that, from a commercial point of view, the Applicant’s ‘vitamin supplements for human consumption’ in all various forms specified, and the Opponent’s ‘syrups and other preparations for use in preparing beverages’ are goods included in the language of each other, or at least that these goods are of the same description. Past decisions of this office and the courts also appear consistent with the goods being at least of the same description.[24]
[24] Energy Beverages LLC v MD Visage Pty Ltd [2018] ATMO 53, [26] (Hearing Officer K Brown); Australasian Conference Association Limited v Target Brands Inc [2023] ATMO 154, [29] (Hearing Officer Berger); Biofarma v Ramsay Health Care Investments Pty Limited [2018] ATMO 191, [19] (Hearing Officer Smith); Energy Beverages-2 (n 17) [141] (O’Callaghan J); Energy Beverages-1 (n 11) [165] (Yates, Stewart and Rofe JJ) where the court found that ‘non-alcoholic beverages’ would include ‘coffee’ beverages.
Accordingly, the Opponent’s Goods are similar to the Applicant’s Goods.
Comparison of the trade marks
I must next consider whether the trade marks are substantially identical. The Opponent does not assert that the Trade Mark is substantially identical with 792346[25] and I agree that the various differences between the trade marks result in there not being a total impression of resemblance. Accordingly, I am not satisfied that the trade marks are substantially identical.
[25] Opponent’s Submissions, [59].
I turn to consider whether the trade marks are deceptively similar. Section 10 provides that a trade mark is deceptively similar to another trade mark if it ‘so nearly resembles that other trade mark that it is likely to deceive or cause confusion’. I must compare the respective whole trade marks,[26] with regard to essential or distinguishing features,[27] and consider them visually and aurally, and in the context of the relevant surrounding circumstances.[28] The reputation of a trade mark or the owner is not relevant.[29] Rather, of importance is the effect and meaning of the trade marks,[30] especially their effect or impression produced on the mind of ordinary consumers.[31] I should account for imperfect recollection of those ordinary consumers.[32] The idea of trade marks is of significance.[33] Ultimately, what is required is a real tangible danger of confusion.[34] That is, ‘a real likelihood that some people will wonder or be left in doubt about whether the two sets of products … come from the same source’.[35]
[26] Registrar of Trade Marks v Woolworths [1999] FCA 1020, [50] (French J) (‘Woolworths’).
[27] Crazy Ron’s Communications v Mobileworld Communications [2004] FCAFC 196, [77]-[88] (Moore, Sackville and Emmett JJ).
[28] New South Wales Dairy Corporation v Murray Goulburn Co-operative Co Ltd (1989) 86 ALR 549, 589 (Gummow J).
[29] Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8, [3], [36] and [50] (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) (‘Self Care’).
[30] Ibid [51].
[31] Ibid [51] and [67], citing Australian Woollen Mills Ltd v F S Walton & Co Ltd [1937] HCA 51; (1937) 58 CLR 641 (‘Australian Woollen Mills’).
[32] Jockey International Inc v Darren Wilkinson [2010] ATMO 22 (Hearing Officer Spence).
[33] Jafferjee v Scarlett [1937] HCA 36 (Latham CJ). See also, Bega Cheese Limited v Saputo Cheese USA Inc [2020] ATMO 93, [15]-[28] (Hearing Officer Irgang).
[34] Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592, 595 (Kitto J) (‘Southern Cross’); Woolworths (n 26) [50] (French J); Campomar Sociedad Limitada v Nike International Ltd [2000] HCA 12, [83] (Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ).
[35] Woolworths (n 26) 382 (French J); Southern Cross ibid 594-595. See also, Australian Woollen Mills (n 31) 658.
The common element in both of the trade marks is the presence of a mirror image of two bovines moving toward and facing each other. The Trade Mark depicts the two animals as a shaded sketch outline whereas 792346 presents the two animals rendered as silhouettes. There are some slight differences in the posture of the animals. A disc is in the background of the bovines in 792346 whereas there is no disc present in the Trade Mark. The Trade Mark contains the words ‘cow and bull’. 792346 contains no words and visually consists of its image elements. Overall, I consider the trade marks to have important visual similarities.
The elements of 792346 are well adapted to distinguish preparations for use in the preparation of beverages. The manner in which 792346 is likely to be imperfected recalled is as being two bovines facing off or charging at each other. The addition of the word elements in the Trade Mark, ‘COW’ and ‘BULL’, do not disturb the similar impression that would be carried away compared to the imperfectly recalled 792346. The words of the Trade Mark tend to reinforce this idea of the two bovine animals. The differences in terms of sylisation or postures of the animals also do not disturb the similar idea, imperfect recollection and impression caused on the minds of the consumer.
At the hearing and in its written submissions the Applicant placed emphasis on the point that the Applicant’s Goods are specified as being limited to supplements in capsule form. I have noted this submission and that the Applicant’s Goods are likely to be purchased with some care as they are supplements used for their therapeutic effect.
After considering the factors, I find there to be a real and tangible risk of consumers of the Applicant’s Goods, being left in doubt or caused to wonder whether the Applicant’s Goods have the same origin or a connection to the 792346’s preparations for use in preparing beverages. Accordingly, the Trade Mark is deceptively similar to 792346 in respect of similar goods.
I note that most of the EIA concerns use of the Trade Mark in relation to the Applicant’s Goods as occurring after the Relevant Date. I also note that the extent of the use of the Trade Mark, as shown in the evidence, is minimal. Therefore, I am not satisfied that ss 44(3)(a), 44(3)(b) and/or s 44(4) are applicable.
Accordingly, the ground of opposition under s 44 has been established.
Decision
Section 55 relevantly provides:
55 Decision
(1) Unless subsection (3) applies to the proceedings, the Registrar must, at the end, decide:
(a) to refuse to register the trade mark; or
(b) to register the trade mark (with or without conditions or limitations) in respect of the goods and/or services then specified in the application;
having regard to the extent (if any) to which any ground on which the application was opposed has been established.
The Opponent has established a ground of opposition under s 44. Accordingly, I refuse to register trade mark 2231913.
If the Registrar is served with a notice of appeal before that time, I direct that registration shall not occur until the appeal has been decided or discontinued and that the disposition of the application should otherwise be in accordance with the Court’s order or discretion.
Costs
The Opponent has sought costs. Generally, costs follow the event and I see no reason to depart from that principle. I award costs against the Applicant in accordance with schedule 8 to the Regulations.
Benjamin Goldsworthy
Hearing Officer
Oppositions and Hearings
Trade Marks and Designs
22 May 2024
Schedule 1
Goods & services of 792346
Class 1: Chemical products for commercial, scientific, photographic, agricultural, horticultural and forestry purposes; raw synthetic resin; raw artificial substances; fertiliser; fire extinguishing agents; agents for hardening and soldering metals; chemical products for the cold storage and conservation of food-stuffs; tanning agents; glues used for commercial purposes
Class 2: Dyes, varnishes, lacquers, anti-corrosion agents; wood preserving agents, dyeing agents; stains; raw natural resins; leaf metal and metal in powder form for painters, decorators, printers and artists
Class 3: Bleaching and washing agents; cleaning, polishing, fat removal cleaning preparations and sanding materials; soaps, perfumery; essential oils, body and beauty care products; hair lotions, teeth cleaning products
Class 4: Technical oils and fats; lubricants; products for absorbing, wetting and bonding dust; fuels (including motor fuels) and luminous matter; candles, wicks
Class 5: Veterinary products; baby food; plasters; material for dressings; products for filling cavities and impressive masses for dental purposes; disinfectants, agents for destroying vermin; fungicides; herbicides
Class 6: Base metals and their alloys; metal construction materials; metal transportable buildings; material used in the construction of railway rails made out of metal; metal cables and wires (excluding those for electrical purposes); locksmiths' goods and ironwares; strong boxes and safes; metal goods not included in other classes; ores
Class 7: Machines and machine tools; motors (excluding motors for land vehicles); clutches and equipment for power transmission (excluding those for land vehicles); agricultural equipment; egg hatching equipment
Class 8: Hand driven tools and equipment; cutler goods; forks and spoons; side arms; shaving equipment
Class 9: Scientific, navigational, surveying, electrical, photographic, film, optical, weighing, measuring, signalling, controlling, life saving and educational equipment and instruments; equipment for the recording, transmitting and reproduction of sound and pictures; magnetic recording equipment, gramophone records; vending machines and the mechanics for money-operated machines; cash registers, calculators, EDP equipment and computers; fire fighting equipment
Class 10: Surgical, medical, dental and veterinary instruments and equipment; artificial limbs, eyes and teeth; orthopaedic articles; surgical sutures
Class 11: Illuminating, heating, steam-producing, cooking, refrigerating, drying, airing and water piping equipment as well as sanitary equipment
Class 12: Vehicles; transportation equipment for land, air and water
Class 13: Fire arms; ammunition and bullets; explosives; fireworks
Class 14: Precious metals and their alloys as well as goods manufactured from or plated with them in so far as they are not included under other classes; jewellery, costume jewellery, precious stones, clocks and instruments used for measuring time
Class 15: Musical instruments
Class 16: Paper, pulp (cardboard) and goods made from these materials in so far as they are not included under other classes; printed products, bookbinding articles; photographs; stationery; glues for paper and stationery or for household use; artists' materials; paint brushes; typewriters and office equipment (excluding furniture); teaching and educational material (excluding apparatus); packaging material made from artificial material in so far as not included under other classes; playing cards; printers' type, printing blocks
Class 17: Rubber, gutta-percha, gum, asbestos, mica and goods made from these in so far as they are not included under other classes; goods made from artificial fabrics (semi-finished goods); sealing, packaging mateials of rubber or plastics and insulating material; flexible tubing (not made from metal)
Class 18: Leather and leather imitations and goods made thereof in so far as they are not included under other classes; animal skins and hides; suitcases and hand luggage; umbrellas, parasols and walking sticks; whips, harnesses and saddlery
Class 19: Construction material (not made from metal); tubes (not made from metal) for construction purposes; asphalt, tar and bitumen; transportable buildings (not made from metal); monuments (not made from metal)
Class 20: Furniture, mirrors, picture frames, goods (in so far as they are not included under other classes) made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, tortoise shell, amber, mother-of-pearl, sepiolite and substitutes for these or made of plastic
Class 21: Equipment and containers for the home and the kitchen (not made from precious metal or plate); combs and sponges; brushes (with the exception of paint brushes); brush making material; cleaning equipment; steel wool; raw or partly worked glass (with the exception of construction glass); glass wares, porcelain and earthenware, in so far as they are not included under other classes
Class 22: Cables, cord, nets, tents, awnings and tarpaulins, sails, sacks, in so far as they are not included under other classes; cushion filling materials (excluding rubber or synthetic material); textile fibres
Class 23: Threads and yarns for textiles
Class 24: Woven fabrics and textiles in so far as they are not included under other classes; bed and table linen
Class 25: Clothing, footwear, headgear
Class 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, needles; artificial flowers
Class 27: Carpets, foot mats, mats, linoleum and other floor coverings; wall-papers (excluding those made from textiles)
Class 28: Games and playthings; gymnastic and sporting equipment in so far as they are not included under other classes; Christmas tree decorations
Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ice cream; honey; treacle; yeast, baking powder; salt, mustard, vinegar, sauces (used for spicing); spices, ice
Class 31: Agricultural, horticultural and forestry products as well as grains in so far as they are not included under other classes; live animals; fresh fruit and vegetables; seeds, live plants and natural flowers; feedstuffs, malt
Class 32: Beer, mineral water and water containing carbon dioxide and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for use in preparing beverages
Class 33: Alcoholic beverages (excluding beers)
Class 34: Tobacco; smokers' articles; matches
Class 35: Advertising; company management; company administration; office work
Class 36: Insurance; banking; financial business; property
Class 37: Construction; repairs; fitting and plumbing; maintenance and cleaning of vehicles
Class 38: Telecommunications
Class 39: Transport; packaging and storage of goods; organisation of travel
Class 40: Services for the treatment of cloth, fabrics, food, leather, metal, textiles, paper; photographic film development and photographic printing
Class 41: Teaching, arranging and conducting of conferences, seminars and workshops; organisation of competitions and exhibitions; film and video tape productions; production of radio and television programs; theatre productions; providing theatre facilities; organisation and production of shows; health club services; providing sporting and recreational facilities; organising sporting events; education services for young adults and adults
Class 42: Lodging and boarding services for guests; medical care; health and beauty care; services in the field of veterinary medicine and agriculture; legal advice and representation; scientific and industrial research; exploitation of industrial property rights; technical advice and expert services provided by persons with tertiary education or experience of an equal standard in all areas of discipline requiring a higher degree of intellectual activity; computer programming; filling of vehicles with fuel
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