Red Hot Relationships Pty Ltd v One Life Club Pty Ltd

[2025] ATMO 12

TRADE MARKS ACT 1995

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

Re:Opposition by Red Hot Relationships Pty Ltd to registration of trade mark application number 2322907 (classes 25, 38, 41 & 45) – ONE LIFE CLUB (fig.) –  in the name of One Life Club Pty Ltd

Delegate:

Tracey Berger

Representation:

Opponent: IP Wealth Pty Ltd

Applicant: Intellepro Patent & Trade Mark Attorneys

Decision:

2025 ATMO 12

Trade Marks Act 1995 (Cth) – opposition under section 52 – ss 42(b), 44, 58, 60 and 62A pursued – no grounds established – trade mark to proceed to registration

Background

1. This decision concerns an opposition under s 52 of the Trade Marks Act 1995 (Cth)[1] by Red Hot Relationships Pty Ltd (‘Opponent’) to registration of the trade mark detailed below in the name of One Life Club Pty Ltd (‘Applicant’):

[1] Unless otherwise indicated, any references to sections or regulations, below, are references to sections or regulations of the Trade Marks Act 1995 (Cth) (‘Act’) or the Trade Marks Regulations 1995 (Cth) (‘Regulations’), respectively.

Trade Mark:       (‘Trade Mark’)

Number:2322907 (‘Application’)

Filing Date:         19 December 2022

Specification[2]:    Class 25: including clothing, footwear, headgear (‘Applicant’s Goods’)

Class 38: including broadcasting, telecommunication and communications services

Class 41: including entertainment; providing various facilities; production of podcasts, shows, audio and/or video recordings

Class 45:mentoring (spiritual); Online social networking services; Organisation of meetings for social networking purposes

(collectively ‘Applicant’s Services’)

[2] The full specification is shown in Annexure A to this decision

2.     Following the advertisement of acceptance of the Trade Mark for possible registration, the Opponent filed a Notice of Intention to Oppose on 20 July 2023 followed by a Statement of Grounds and Particulars (‘SGP’) on 18 August 2023.  The Applicant filed a Notice of Intention to Defend on 21 September 2023.

3. The parties then had an opportunity to file evidence in accordance with the Regulations. The Opponent filed its evidence in support of the opposition (‘EIS’) on 28 December 2023 which was followed by the Applicant’s evidence in answer (‘EIA’) on 5 April 2024. The Opponent’s evidence in reply (‘EIR’) was filed on 17 June 2024.

4.     Once the evidence stage had ended, the parties were given the opportunity to request a hearing and both parties asked to be heard by way of written submissions.  The Opponent’s written submissions were prepared by Ally Perkins of IP Wealth Pty Ltd and filed on 3 December 2024.  The Applicant’s written submissions were prepared by Trevor Dredge of Intellepro Patent & Trade Mark Attorneys and filed on 10 December 2024.  This matter has been allocated to me to determine as a delegate of the Registrar of Trade Marks based on the aforementioned materials.

Grounds, onus and Relevant Date

5.     In its SGP, the Opponent nominated grounds of opposition under ss 42(b), 44, 58, 60 and 62A. 

6.     The Opponent bears the onus of establishing at least one of the nominated grounds of opposition.[3]  The standard of proof is the ordinary civil standard of the balance of probabilities.[4]

[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, [133] (Besanko, Jagot and Edelman JJ).

7.     The date at which the rights of the parties are to be determined is 19 December 2022 (‘Relevant Date’) being the filing date of the Application and priority date for the purposes of ss 44 and 60.

Evidence

8.     The following evidence was filed in the proceedings:

9.     Declarant and Position	Date	Annexures or Exhibits
EIS
Bruce Sullivan, founder, owner and sole director of the Opponent (‘Sullivan’)	27/12/2023	BS-01 to BS-22
Evidence in answer
Trevor Dredge, patent and trade mark attorney for the Applicant (‘Dredge’)	15/4/2024	TJD-01 to TJD-15
Emile Juresic, director of the Applicant (‘Juresic’)	5/4/2024	EJ-01 to EJ-03
Evidence in reply
Bruce Sullivan (‘Sullivan 2’)	1/6/2024	BS-01

Opponent’s evidence

10.     Sullivan attests that he is a speaker, author and business leader who has been working with individuals, families and businesses for over 30 years, with ‘a large reputation’ as a leading mentor.

11.     The Opponent was incorporated in 2004.  According to Sullivan, the Opponent has been trading as 1 LIFE (‘Opponent’s Mark’) and used the Opponent’s Mark since 2008 when the Opponent published it’s 1 Life Do It Now Journal (‘Opponent’s Journal’) that promotes a healthy lifestyle to its Lifetime Success Club members for personal and business improvement.  The Opponent’s Journal was reprinted in 2009, 2012, 2016 and 2021 with 19,000 copies sold.

12.     Since 2012, the Opponent has produced its Lifetime Success Club 1 Life Do It Now! Magazine (‘Magazine’) with 24,000 copies printed.  Sullivan claims that this magazine is now provided online in higher volumes.  In 2014, the Opponent launched a 1 Life Card for members initially creating 18,000 cards with further orders subsequently placed. 

13.     As well as the Magazine, Sullivan claims that the Opponent has continuously promoted its business under the Opponent’s Mark:

·     on the websites at (‘Sullivan Website’) and until 2017 on after which time that domain was redirected to the Sullivan Website;

·     at its Facebook account BruceSullivan.YourBestYou since October 2015 and on Instagram at 1lifedoitnow then 1life_doitnow;

·     at exhibitions and trade shows;

·     at its I Life Loving Life conferences in 2014, 2016 and 2017;

·     on a company vehicle and business materials such as business cards, email, letterhead and signage;

·     uniforms and merchandise such as t-shirts, singlets and watches (‘Merchandise’).

14.     Since September 2023, the Opponent’s Merchandise has been available for sale to the general public together with other products including bags, performance wear, water bottles, towels, picnic sets, flying discs, pedometers and gazebos, all bearing the logo  (‘Opponent’s Logo’).

15.     The Opponent has approximately 20,000 clients in Australia and internationally on its database.  Sullivan attests that the Opponent is a highly successful business with turnover increasing year on year but due to recent changes in its accounting system, turnover and advertising figures are unavailable.

16.     Sullivan declares that the Opponent is the owner of the following Australian marks, full details of which are shown in Annexure B:

Trade Mark #	Trade Mark	Priority Date	Class
1210543	1 LIFE	15/11/2007	14, 21, 25
1229048	1 LIFE DO IT NOW!	11/3/2008	41
1241086	1 LIFE DO IT NOW!	16/5/2008	9, 16, 18, 24
1269957	1 LIFE DO IT NOW!	30/10/2008	39, 43
1899474	1 LIFE DO IT NOW!	10/1/2018	25

17.     Sullivan 2 states that the Opponent used the Opponent’s Mark as its main trading name from 2011 to 2013.  The EIR also includes three pro forma declarations in which each declarant attests that they associate the Opponent’s Mark with the Opponent.

Applicant’s evidence

18.     The Applicant was incorporated on 20 May 2022. Juresic attests that he honestly adopted the Trade Mark for the Applicant’s business of selling memberships to customers who can access tools (such as online group forums and information videos) at (Applicant’s website) and buy tickets to events for personal and executive leadership development.  Details of revenue generated from membership fees and events is provided.

19.     The Applicant’s business operated under the Trade Mark is promoted on social media, Google, the Applicant’s website and printed marketing materials.  Juresic includes details of the Applicant’s marketing expenditure.

20.     According to Juresic he was unaware of the Opponent until after the Trade Mark was adopted.  When preparing the EIA, Juresic undertook some online investigations into the Opponent and declares that Bruce Sullivan has 75 followers on his Facebook account which features the Opponent’s Logo but there is no use of the Opponent’s Mark or Opponent’s Logo on the Sullivan Website.

21.     Juresic declares that he is unaware of any instances of confusion between the Applicant’s use of the Trade Mark and the Opponent’s Mark.

22.     Dredge attests to the results of investigations he conducted into use of the Opponent’s Mark, searches of the Australian Trade Marks Register for the exact marks ‘ONE LIFE’ and ‘1 LIFE’, and provides extracts of the Applicant’s website using the Wayback Machine.

Discussion

Section 44

23.     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.

(2) Subject to subsections (3) and (4), an application for the registration of a trade mark (applicant’s trade mark) in respect of services (applicant’s services) must be rejected if:

(a) it is substantially identical with, or deceptively similar to:

(i) a trade mark registered by another person in respect of similar services or closely related goods; or

(ii) a trade mark whose registration in respect of similar services or closely related goods 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 services is not earlier than the priority date for the registration of the other trade mark in respect of the similar services or closely related goods.

24.     In order to establish the ground under s 44, the Opponent must identify a trade mark which is registered or pending registration, in the name of a person other than the Applicant, which has an earlier priority date than the Relevant Date, is substantially identical with, or deceptively similar to the Trade Mark, and is registered or applied for in respect of goods or services which are similar and/or closely related to the Applicant’s Goods and Services. 

25.     In the SGP, the Opponent relies on registration 1210543 1 LIFE and registrations 1229048, 1241086 and 1269957 1 LIFE DO IT NOW! (‘Opponent’s Registrations’) noted in [16] and detailed in Annexure B.[5]  The priority date of the Opponent’s Registrations is earlier than the Relevant Date.

[5] Registration 1899474 noted in [16] is not particularised in the SGP.

26. I propose to first consider the Opponent’s registration 1210543 and note that the registered class 25 goods ‘clothing, footwear, headgear’ encompasses the Applicant’s Goods. However, I do not consider any of the Opponent’s goods covered by registration 1210543 to be closely related to the Applicant’s Services. The Act does not define ‘closely related’ goods and services. In Registrar of Trade Marks v Woolworths Ltd[6] French J recognised that goods and services are fundamentally different things,[7] but observed:

There will be classes of goods which are similar to each other. There will also be classes of services which are similar. But the word “similar” does not apply as between goods and services. So there must be some other form of relationship between the services covered by one mark and the goods covered by another to enable the goods or services in question to be described as “closely related” … it is a term of wider import than “similar” and can apply to the relationships between competing services as well as between goods and services.[8]

[6] [1999] FCA 1020 (‘Woolworths’).

[7] Ibid [37].

[8] Ibid, [37].

27.     In my view, consumers would not expect any of the goods covered by the Opponent’s registration 1210543 to emanate from the same source as the Applicant’s Services.  Generally, the respective goods of the Opponent and services of the Applicant are provided by different traders through different trade channels and there is no real relationship between the Opponent’s registered goods and the Applicant’s Services.

28.     Accordingly, I turn to the question of whether the Opponent’s Mark which is the subject of registration 1210543 is substantially identical or deceptively similar to the Trade Mark.  If not, it will not be necessary to consider the Opponent’s other trade marks because those marks are further removed from the Trade Mark by virtue of the additional words ‘DO IT NOW!’.

29.     The marks to be considered are set out below:

Opponent’s Mark	Trade Mark
1 LIFE

30.     The test for whether two marks are substantially identical involves a side by side comparison noting the similarities and differences.  When this comparison of the above marks is undertaken, it is immediately obvious that there are significant differences between the two such that there is not a total impression of resemblance.  The only shared element is the word ‘LIFE’.  In the Trade Mark, the dominant feature is the word ONE with the letter ‘O’ containing a ‘play’ device.  The difference in the numeral 1 versus the word ONE, as well as the stylisation and additional word CLUB in the Trade Mark create significant differences between the two marks.  I do not regard the Opponent’s Mark and the Trade Mark to be substantially identical.

31.     The principal authority for guidance in determining whether trade marks are deceptively similar comes from the judgment of Windeyer J in TheShell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd[9](‘Shell’) where his Honour said:

On the question of deceptive similarity a different comparison must be made from that which is necessary when substantial identity is in question. The marks are not now to be looked at side by side. The issue is not abstract similarity, but deceptive similarity. Therefore the comparison is the familiar one of trade mark law. It is between, on the one hand, the impression based on recollection of the plaintiff’s mark that persons of ordinary intelligence and memory would have; and, on the other hand, the impressions that such persons would get from the defendant’s [trade mark].[10]

[9] [1963] HCA 66; (1963) 109 CLR 407.

[10] Ibid [13].

32.     The relevant principles of deceptive similarity were conveniently stated by the High Court in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd,[11] which may be summarised as follows:

[11] [2023] HCA 8 (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ).

(a)the resemblance between the two marks must be the cause of the likely deception or confusion;[12]

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

(b)in the trade mark comparison, the marks must be judged as a whole taking into account both their look and their sound;[13]

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

(c)the marks should not be compared side by side;[14]

(d)the effect of spoken description must be considered; if a mark is in fact or from its nature likely to be the source of some name or verbal description by which buyers will express their desire to have the goods (or services), then similarities both of sound and of meaning may play an important part;[15]

(e)the focus is upon the effect or impression produced on the mind of potential customers of the goods (or services) in relation to which the two marks are used and in the case of the registered mark, allowing for ‘imperfect recollection’;[16]

(f)the notional buyer is a person with no knowledge about any actual use of the registered mark, the actual business of the owner of the registered mark, the goods the owner produces, any acquired distinctiveness from the use of the marks prior to filing, or any reputation associated with the registered mark;[17]

(g)the correct approach is to compare the impression (allowing for imperfect recollection) that the notional buyer would have of the registered mark (as notionally used on all of the goods or services covered by the registration), with the impression that the notional buyer would have of notional and normal fair use of the opposed mark;[18]

(h)“deceived” implies the creation of an incorrect belief or mental impression; “causing confusion” may merely involve “perplexing or mixing up the minds” of potential customers; [19]

(i)the usual manner in which ordinary people behave must be the test of what confusion or deception may be expected, having regard to the character of the customers who would be likely to buy the goods in issue;[20]

(j)it is not necessary to establish actual probability of deception or confusion, but a mere possibility of confusion is not enough. There must a real, tangible danger of deception or confusion occurring. It is enough if the notional buyer would entertain a reasonable doubt as to whether, due to the resemblance between the marks, the two products come from the same source. Put another way, there must be “a real likelihood that some people will wonder or be left in doubt about whether the two sets of products ... come from the same source”;[21]

(k)evidence of actual confusion is of great weight, but not essential, and lack of such evidence may also be relevant;[22] and

(l)any intention to deceive or cause confusion may be a relevant consideration but is not required.[23]

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

[15] Ibid.

[16] Ibid.

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

[18] Shell, (n 9), 415.

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

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

[21] Woolworths (n 6), [50(ii)] restating principles from Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd [1954] HCA 82; 91 CLR 592, 594-595 (Kitto J).

[22] Australian Woollen Mills (n 14).

[23] Hashtag Burgers Pty Ltd v In-N-Out Burgers Inc (2020) 385 ALR 514, 533 [67] (Nicholas, Yates and Burley JJ) citing Australian Woollen Mills (n 14) 657.

33.     In Clark v Sharp it was noted:

One must bear in mind the points of resemblance and the points of dissimilarity, attaching fair weight and importance to all, but remembering that the ultimate solution is to be arrived at, not by adding up and comparing the results of such matters, but by judging the general effect of the respective wholes.[24]

[24] ConAgra Inc v McCain Foods (Australia) Pty Ltd [1992] FCA 159, [77] (Lockhart J).

34.     The Opponent argues that the Trade Mark is deceptively similar to the Opponent’s Mark because the general recollection or impression of the Trade Mark and the Opponent’s Mark is identical.  The Opponent contends that the Trade Mark is for a stylised mark consisting of the words ‘ONE LIFE’ which is the essential element of the Trade Mark and aurally identical to the Opponent’s Mark. 

35.     The Applicant argues that the Trade Mark is a relatively complex mark whereas the Opponent’s Mark is a ‘weak ordinary term’.  The Applicant notes that the dominant element in size and position is the stylized word ONE whereas LIFE and CLUB are ‘distinctly secondary’ but are ‘nonetheless sufficiently large’ to be clearly visible and not negligible.  Further “LIFE CLUB’ will be considered as one element, rather than two, by virtue of its positioning in equal size on the same line 

36.     In my opinion, the Trade Mark is not deceptively similar to the Opponent’s Mark.  I agree with the Applicant that the dominant and most memorable element of the Trade Mark is the stylised word ‘ONE’.  The stylised word ONE in the Trade Mark occupies a central position within the Trade Mark and as a result of its size and stylization, the eye is drawn to this element before the secondary element ‘LIFE CLUB’.  The Opponent’s assessment ignores the presence of the word ‘CLUB’ which appears in the same font and size as the word LIFE.  Due to the positioning of the different words in the Trade Mark, the Trade Mark will be read and recalled as ONE - LIFE CLUB which is conceptually different to the Opponent’s Mark.  Whilst there is a degree of aural similarity, visually the marks are quite distinct.  I consider that the overall impression created by the Trade Mark is sufficiently dissimilar to that of the Opponent’s Mark such that there is no real and tangible danger of confusion between the Trade Mark and the Opponent’s Mark when considered as wholes.

37.     Similarly, the Opponent’s other mark 1 LIFE DO IT NOW! is not substantially identical or deceptively similar to the Trade Mark.  Hence it is not necessary to consider whether the registrations for this mark cover similar or closely related goods or services to the Applicant’s Goods and Services.

38.     The s 44 ground of opposition has not been established.

Section 58

39.     Section 58 provides that the registration of a trade mark may be opposed on the grounds that the applicant is not the owner of the trade mark.

40.     In its SGP, the Opponent claims that the Applicant is not the owner of the Trade Mark because the Opponent has used the Opponent’s Mark and 1 LIFE DO IT NOW (collectively ‘Opponent’s Marks’) since at least 2007 in relation to the Opponent’s Registered Goods and Services (as set out in Annexure B) which the Opponent claims are the same kind as the Applicant’s Services.

41. The term ’owner’ is not defined in the Act but the concept of trade mark ownership was discussed in Anchorage Capital Partners Pty Limited v ACPA Pty Ltd wherein the Full Court of the Federal Court observed:

[O]wnership may be acquired by the act of applying for registration of a trade mark even though the applicant has not previously used the mark and the mark has already been used outside Australia by someone else. However, the applicant’s claim to ownership of the mark may be defeated if another person has previously used the mark, or a substantially identical mark, in Australia as a trade mark in relation to the same goods or services, or goods or services of the same kind, as those that are the subject of the application for registration.[25]

[25] [2018] FCAFC 6, [49] (Nicholas, Yates and Beach JJ).

42.     Hence to succeed on this ground of opposition, the Opponent must firstly establish that at least one of the Opponent’s Marks is substantially identical to the Trade Mark.  I have already found that the Opponent’s Marks are not substantially identical to the Trade Mark and therefore, the Opponent cannot succeed under s 58.

Section 60

43.     Pursuant to s 60, the registration of a trade mark may be opposed on the basis that another trade mark had, before the priority date, acquired a reputation in Australia and because of that reputation, use of the opposed mark is likely to deceive or cause confusion.

44.     In its SGP, the Opponent states:

The Opponent (and associated companies/persons) is the owner of the trade mark “1 LIFE” / “1 LIFE DO IT NOW!” (“Trade Mark”) in relation to various goods and services in Classes 9, 14, 16, 18, 21, 24, 25, 39, 41 and 43 relating to electronic publications, precious metals and their alloys, printed matter, leather goods, drinking vessels, towels, clothing, footwear and headgear, agency services, membership and subscription services and education, training and mentoring services (“Goods and Services”).

The Opponent is the owner of Registration Nos. 1210543, 1229048, 1241086 and 1269957 for the Trade Mark (“Registrations”).

The Opponent has invested a substantial amount of time, money and effort in developing, promoting, and selling the Goods and Services under/in connection with the Trade Mark since at least 2007. As a result, the Trade Mark has become directly associated with the Opponent and represents substantial goodwill for the Opponent.

45.     The reputation must be established as a matter of fact by the Opponent[26] and must be amongst a ‘significant’ or ‘substantial’ number of Australian consumers[27] although this will depend on the nature of the goods and services in question. 

[26] ConAgra Inc v McCain Foods (Aust) Pty Ltd [1992] FCA 159, [77] (Lockhart J).

[27] Renaud Cointreau & Cie v Cordon Bleu International Ltee [2001] FCA 1170, [75] (Moore, Tamberlin and Goldberg JJ).

46.     The reputation of a trade mark may be demonstrated in a variety of ways. For example, it may be established by demonstrating a significant number of people are exposed to a trade mark,[28] or inferred from a high volume of sales, advertising expenditure or other promotion.[29]

[28] Le Cordon Bleu BV v Cordon Bleu International Ltee [2000] FCA 1587, [91] (Heerey J).

[29] McCormick & Co Inc v McCormick [2000] FCA 1335, [86] (Kenny J).

47.     Furthermore, the reputation must be established in each of the trade marks on which the Opponent relies.[30]

[30] Qantas Airways Ltd v Edwards [2016] FCA 729, [160] (Yates J).

48.     In the Opponent’s written submissions, the Opponent claims a reputation in the Opponent’s Mark as a result of use of that mark since 2006 and its promotion through online marketing, social media and word of mouth. 

49.     The Opponent has not provided any details of revenue derived from use of the Opponent’s Mark nor details its advertising expenditure to promote the services offered under the Opponent’s Mark.  According to Sullivan, such metrics are unavailable due to a new accounting system.  The Opponent’s evidence also lacks any specifics about the trade shows or exhibitions attended and it has not hosted its own Loving Life Conference since 2017.

50.     The figures which are provided in the Opponent’s evidence are not impressive given the long period of use that the Opponent claims to have used its marks.  In almost 15 years, the Opponent has amassed a database of only 20,000 people, some of whom are not based in Australia.  The Opponent has printed 24,000 Magazines over the years which have not been fully sold and which do not feature the Opponent’s Mark but rather the Opponent’s Logo or 1 LIFE DO IT NOW.  The promotion of the Opponent’s Mark seems sporadic or to have decreased in recent years.  Whilst the first two editions of the Magazine were published in 2012 and were titled with the Opponent’s Logo, the third edition was not published until 2016 and was titled LIFETIME SUCCESS CLUB with 1 LIFE DO IT NOW! appearing as a slogan in small print under this title.  It is not apparent that any other editions have been published.

51.     The Opponent’s social media following is insignificant with the 1 Life Do It Now Facebook account having only 76 followers[31] and showing 1 post in 2015, 11 posts all in May and June 2016, 6 posts in 2017, 2 posts in 2018 and 1 post in November 2019. Each of the posts on the Opponent’s Instagram account 1life_doitnow received less than 10 likes indicating a low level of customer engagement. 

[31] Exhibit BS-08 of Sullivan.

52.     I am not persuaded that the third party declarations provided in Sullivan 2 establish any reputation in the Opponent’s Marks given the pro forma nature of the declarations.  Also, two of the declarations appear to be from employees of the Opponent (or a related entity) and the third is from the promotional company which supplies the Opponent’s merchandise.

53.     In my opinion, the Opponent has failed to establish a reputation in any of the Opponent’s Marks at the Relevant Date. As the Opponent has not satisfied the requirements under s 60(a), I do not need to consider whether the use of the Trade Mark would be likely to deceive or cause confusion. I find that the Opponent has failed to establish the ground of opposition pursuant to s 60.

Section 42(b)

54.     Section 42(b) provides that an application for the registration of a trade mark must be rejected if its use would be contrary to law.

55.     The onus is on the Opponent to establish that use of the Trade Mark by the Applicant would be, rather than could be, contrary to law on the balance of probabilities.[32]  The relevant time for assessing whether an application is contrary to law is at the relevant date but ‘looking forward to prospective conduct after registration’.[33]

[32] Advantage Rent-a-Car Inc v Advantage Car Rental Pty Ltd [2001] FCA 683, [28] (Madgwick J).

[33] Time Warner Entertainment Co LP v Stepsam Investments Pty Ltd [2004] 59 IPR 343, 353 (Wilcox J).

56.     The Opponent alleges in its SGP that use of the Trade Mark would be contrary to law as it would constitute passing off and/or the Competition and Consumer Act 2010 (Cth). In the Opponent’s written submissions, it is apparent that the Opponent claims use of the Trade Mark will breach ss 18 and 29 of the Australian Consumer Law (‘ACL’) which forms Schedule 2 of the Competition and Consumer Act 2010 (Cth).

57. Section 18 of the ACL concerns conduct or representations that have, or are likely to, mislead or deceive. Section 29 of the ACL concerns representations that are false or misleading. These are stricter requirements than s 60 which can be established if the use is likely to cause confusion or wonderment.[34]

[34] Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; (1982) 149 CLR 191, 198 (Gibbs CJ); Monster Energy Company v Mixi Inc [2020] FCA 1398, [33] (Stewart J).

58. Given the more stringent test under the ACL, where a ground of opposition under s 60 is unsuccessful, reputation-based claims under ss 18 and/or 29 of the ACL will also fail.[35] 

[35] Re Equity Access Pty Ltd v Westpac Banking Corporation [1989] FCA 506 (Hill J); Riding for the Disabled Association of Australia Limited v Pony Club Australia Pty Ltd [2019] ATMO 63, [63]-[64] (Hearing Officer A. Richards).

59.     In Re Equity Access Pty Ltd v Westpac Banking Corporation, Hill J also addressed the relationship between s 52 of the TPA and passing off. His Honour considered that:

The scope for the operation of s. 52 will thus be broader than that involved in the tort of passing off so that in a case such as the present where the claim is for the protection of the reputation in a name against the use of that name by another, failure to succeed under s. 52 or s. 53 will invariably mean that proceedings for passing off would likewise fail.[36]

[36] [1989] FCA 506, [40].

60. Section 18 of the ACL is the equivalent of s 52 of the TPA.[37] The above comments are equally applicable to the relationship between s 18 of the ACL and the tort of passing off. As I have found that s 18 of the ACL has not been contravened, it follows that use of the Trade Mark does not amount to passing off.

[37] Primary Health Care Limited v Commonwealth of Australia [2017] FCAFC 174, [410] (Rangiah J).

61.     I have found that the Opponent has not established a reputation in the Opponent’s Marks under s 60(a) and accordingly, I am not satisfied that use of the Trade Mark by the Applicant would be contrary to law.  Therefore, the Opponent has failed to establish the ground of opposition under s 42(b).

Section 62A

62.     The basis for an opposition under s 62A is that the trade mark application has been made in bad faith.

63. Bad faith is not defined in the Act. The Explanatory Memorandum to the Bill that inserted this ground of opposition into the Act stated that this ground was introduced to cater for situations (among others) ‘in which a person has deliberately set out to gain registration of a trade mark, or adopted a trade mark in bad faith’.[38]  The Federal Court has substantively considered the issue of bad faith in Fry Consulting Pty Ltd v Sports Warehouse Inc (No 2)[39]  and DC Comics v Cheqout Pty Ltd.[40]  The following propositions emerge from these decisions which are relevant to the present opposition:

·     Bad faith for the purposes of s 62A must be [as at the Relevant Date] and must relate to the making of the subject of that application.[41]

·     Bad faith is a serious allegation that “impugns the character of an individual or collective character of a business” and requires correspondingly cogent evidence.  The standard of proof is the balance of probabilities, rather than that of beyond reasonable doubt.[42]

·     Conduct that falls short of the standards of acceptable commercial behaviour observed by reasonable and experienced persons in the particular area is sufficient. Bad faith does not require dishonesty.[43]

·     The registration of a trade mark is designed to enable bona fide proprietors to protect their proprietary rights without having to prove unfair trading.[44]

·     All the circumstances surrounding the application to register the mark are relevant.[45]

·     A prior business connection with and knowledge of the opponent by the applicant such that a person standing in the shoes of the applicant should have known that he should not have applied for a trade mark deceptively similar to that used by the opponent is sufficient for a finding of bad faith.[46]

·     Section 62A does not require the opponent to establish that the trade mark’s use would result in deception or confusion.[47]

[38] Explanatory Memorandum, Trade Marks Amendment Bill 2006 (Cth) [4.12].

[39] (2012) 201 FCR 565 (Dodds-Streeton J) (‘Fry Consulting’).

[40] (2013) 212 FCR 194 (Bennett J) (‘DC Comics’).

[41] Fry Consulting (n 39) 593-4 [145].

[42] Ibid.

[43] Ibid 594-5 [147]-[148], 597 [165].

[44] DC Comics (n 40) 206 [62].

[45] Ibid.

[46] Fry Consulting (n 39) 596-7 [156].

[47] DC Comics (n 40) 209 [76].

64.     The decided cases have established that assessing whether an application was filed in bad faith is a two-step test with a subjective and an objective element. The subjective element requires findings as to what the Applicant knew at the filing date. The objective element then asks: armed with that knowledge, would a person adopting proper standards of commercial behaviour consider the act of filing the trade mark to be in bad faith?

65.     The Opponent bears the onus of establishing that the filing of the Application was in bad faith and it will not be easily established given the serious nature of the allegation.[48]

[48] Hard Coffee Pty Ltd v Hard Coffee Main Beach Pty Ltd [2009] ATMO 26, [20] (Hearing Officer D. Nancarrow).

66.     The Opponent particularlised this ground in its SGP by claiming that it had continuously used the Opponent’s Marks since at least 2007 in the same industry as the Applicant and hence, ‘[i]t is clear that the Applicant was aware of the Opponent’s reputation and Trade Mark prior to the Applicants filing date, given the Opponent’s longstanding and nationwide reputation. Reasonable and experienced persons in the field would view such conduct as falling short of acceptable commercial behaviour. As such, the Opposed Application was filed in bad faith.’ 

67.     I have found under the s 60 ground of opposition that the Opponent has not established a reputation in the Opponent’s Marks at the Relevant Date and further, that the Trade Mark is not substantially identical or deceptively similar to the Opponent’s Marks.  Juresic attests to the honest adoption of the Trade Mark and the fact that the Applicant was unaware of the Opponent or the Opponent’s Marks.  Even if the Applicant knew of the Opponent or the Opponent’s Marks, I do not consider that the filing of the Application would amount to bad faith given the overall differences in the marks.  The evidence before me does not support the Opponent’s assertions that the Applicant applied for the Trade Mark in bad faith and I find that the s 62A ground of opposition is unsuccessful.

Decision

68.     I find that the Opponent has failed to establish any of the grounds of opposition it nominated in the SGP and direct that application number 2322907 may proceed to registration not less than one month from the date of this decision.  If the Registrar is served with a notice of appeal before that time, I direct that registration shall not occur until either the appeal is withdrawn or discontinued.  The disposition of the Application shall otherwise be in accordance with the court’s order or direction.

69. The Applicant has requested an award of costs. As costs generally follow the event, I award costs against the Opponent under s 221 in the relevant amounts under Schedule 8 of the Regulations.

Tracey Berger
Hearing Officer

Delegate of the Registrar of Trade Marks

15 January 2025

ANNEXURE A – Applicant’s Goods and Services

Class 25:  Articles of water-resistant clothing; Articles of waterproof clothing; Articles of weatherproof clothing; Articles of windproof clothing; Athletic clothing; Athletics footwear; Athletics shoes; Athletics shorts; Athletics vests; Athletics wear; Baseball caps; Bathing costumes; Bathing drawers; Bathing suits; Bathing trunks; Beach caps; Beach clothes; Beach clothing; Beach dresses; Beach hats; Beach robes; Beach wraps; Beachwear; Beanies; Bed jackets; Bed socks; Belts (clothing); Bermuda shorts; Bike pants; Bikinis; Blazers; Blouses; Blousons; Bodies (underclothing; Body dresses; Body stockings; Body suits; Boiler suits; Boot uppers; Boots; Boots (non-slip, non-reinforced); Boots for sports; Bow ties; Boxer shorts; Boys' clothing; Braces [suspenders] for clothing; Bras; Briefs; Bushjackets; Business suits; Canoeing jackets; Canoeing pants; Canvas shoes; Cap peaks; Caps being headwear; Car coats; Cardigans; Cashmere clothing; Cashmere gloves; Cashmere scarves; Cashmere shoulder wraps; Cashmere skirts; Cashmere sweaters; Cashmere trousers; Cashmere waistcoats; Casual clothing; Casual footwear; Casual jackets; Casual shirts; Casual trousers; Casualwear; Children's clothing; Climbing boots; Climbing suits; Cloaks; Clothes; Clothing; Clothing for babies; Clothing for gymnastics; Clothing for sports; Clothing for surfing; Clothing for swimming; Clothing of fur; Clothing of imitations of leather; Clothing of leather; Coats; Collars (clothing; Combinations (clothing; Coordinate suits; Cravats; Cuffs; Dress shirts; Dresses; Driving gloves; Exercise wear; Eye masks; Fabric belts (for wear); Face coverings [clothing], not for medical or sanitary purposes; Face masks [clothing], not for medical or sanitary purposes; Fishing jackets; Fishing vests; Flat caps; Flip-flops; Football jerseys; Football shirts; Footwear; Footwear for babies; Footwear for children; Footwear for men; Footwear for sport; Footwear for women; Formal shirts; Girl's clothing; Gloves (clothing); Gloves for cyclists; Gloves for skiers; Golf clothing (other than gloves; Golf shoes; Gumboots; Gym leggings; Gym shorts; Gym suits; Gymnastic shoes; Gymnastic suits; Gymwear; Halter tops; Halters (clothing; Hats; Headbands (clothing; Headscarves; Headwear; Hooded sweatshirts; Hoods (clothing; Infants' clothing; Infants' footwear; Jackets (clothing; Jackets for casual wear; Jackets for men; Jackets for women; Jerseys (clothing; Jumpers (pullovers; Jumpers (sweaters; Ladies clothing; Ladies wear; Leg warmers; Leggings (leg warmers; Leggings (trousers; Leisure wear; Leotards; Linen articles of clothing; Long pants; Loungewear; Men's clothing; Men's shoes; Menswear; Pants (clothing; Pantsuits; Parkas; Pocket squares; Polo neck jumpers; Polo shirts; Polo sweaters; Polo tops; Printed t-shirts; Pullovers; Pumps (footwear; Ready-made clothing; Ready-to-wear clothing; Rugby jerseys; Rugby shirts; Rugby shorts; Rugby tops; Running shoes; Shirts; Shoes for leisurewear; Shoes for sports wear; Short pants; Short-sleeve shirts; Shorts; Singlets; Slacks; Sleep masks; Sleeping attire; Sleepwear; Sleeveless tops; Slip-on shoes; Sneakers; Socks; Sports caps; Sports clothing (other than golf gloves); Sports footwear; Sports jerseys; Sports jumpers; Sports shirts; Sports singlets; Sports socks; Sports sweaters; Sports uniforms (other than golf gloves or helmets); Sportswear; Sun hats; Surf shorts; Sweat bands; Sweat pants; Sweaters; Sweatpants; Sweatshirts; Swim briefs; Swimming costumes; Swimming shorts; Swimming trunks; Swimsuits; Swimwear; T-shirts; Tank tops; Tee-shirts; Tennis clothing; Thongs (clothing; Thongs (footwear); Ties (for wear; Tights; Track pants; Track tops; Tracksuits; Trainers (footwear; Training shoes; Underclothes; Underpants; Water-resistant clothing; Waterproof clothing; active wear; Apparel (clothing, footwear, headgear); Articles of clothing made from wool; Articles of clothing made of fur; Articles of clothing made of hides; Articles of clothing made of imitation leather; Articles of clothing made of leather; Articles of clothing made of plush; headscarfs; Slip-on shoes

Class 38:  Broadcasting or transmission of recorded messages and information; Chat room services (telecommunications services); Communication of information by computer; Communication services by electronic means; Communication services for the electronic transmission of data; Communication services for the electronic transmission of images; Communication services for video conferencing purposes; Communication services over computer networks; Communication services provided electronically; Communications services for the exchange of data in electronic form; Computer aided transmission of messages and images; Data broadcasting services; Data communication by electronic means; Data communication services; Delivery of messages by audiovisual media; Delivery of messages by electronic media; Electronic communication services; Electronic transmission of data; Electronic transmission of documents; Electronic transmission of images; Electronic transmission of information; Electronic transmission of messages; Electronic transmission of voices; Electronic transmission of written communications; Message boards; Message sending; Operating of electronic communications networks; Operating of electronic communications systems; Providing access to databases; Providing access to internet chat rooms; Providing access to online computer databases; Providing internet chatrooms; Provision of access to electronic messaging systems; Provision of electronic communications facilities; Provision of electronic data links; Provision of hyperlinks on a website; Provision of hyperlinks to other websites; Provision of links to other websites; Relaying of messages (electronic; Sending of messages (by electronic means; Streaming of data; Subscription television broadcasting; Transmission of computerised data; Transmission of data; Transmission of data by electronic means; Transmission of digital files; Transmission of digital media files; Transmission of electronic mail; Transmission of information by computer; Transmission of information by electronic means; Transmission of information on a wide range of topics, including online and over a global computer network; Transmission of messages by computer; Transmission of podcasts; Transmission of video films; Video and audio streaming services; Video transmission services; Video-on-demand transmission; transmission by computer; Communication services for the transmission of information by electronic means

Class 41:  Arranging and conducting of concerts; Arranging and conducting of conferences; Arranging and conducting of in-person educational forums; Arranging and conducting of seminars; Arranging group recreational activities; Arranging of concerts; Arranging of conferences; Arranging of conventions; Arranging of entertainment; Arranging of exhibitions for educational purposes; Arranging of exhibitions for entertainment purposes; Arranging of exhibitions for training purposes; Arranging of seminars; Arranging of sporting events; Arranging parties; Booking of entertainment; Business educational services; Club education services; Club entertainment services; Conducting of business conferences; Conducting of conventions; Conducting of educational conferences; Conducting of educational events; Conducting of entertainment events; Conducting of exhibitions for educational purposes; Conducting of exhibitions for entertainment purposes; Conducting of exhibitions for recreation purposes; Conducting seminars; Dissemination of educational material; Dissemination of entertainment material; Distribution (other than transportation) of sound recordings; Distribution (other than transportation) of videos; Organising events for entertainment purposes; Organising of entertainment; Organising of entertainment and social events (entertainment, sporting and cultural services; Organization of entertainment events; Personal development training; Physical fitness centre services; Producing of motion pictures, plays and videos; Production of audio and/or video recordings, other than advertising; Production of audio entertainment; Production of audio recordings, other than advertising; Production of audio/visual presentations; Production of entertainment videos; Production of live entertainment; Production of live performances; Production of podcasts; Production of shows; Production of sound recordings, other than advertising; Production of stage performances; Production of video recordings, other than advertising; Production of webcasts, other than advertising; Providing facilities for educational purposes; Providing facilities for entertainment; Providing facilities for recreation; Providing films, not downloadable, via video-on-demand services; Providing films, not downloadable, via video-on-demand transmission services; Providing information in the field of education; Providing information in the field of entertainment; Providing information relating to recreational activities; Providing information, including online, about entertainment activities; Providing information, including online, about sporting activities; Providing information, including online, about training activities; Providing information, including online, about education activities; Provision of apparatus for exercise; Provision of club entertainment services; Provision of club recreation facilities; Provision of club sporting facilities; Provision of education services via an online forum; Provision of educational information; Provision of entertainment facilities; Provision of entertainment services via an online forum; Provision of exercise facilities; Provision of facilities for education; Provision of facilities for entertaining; Provision of facilities for recreation; Provision of gymnasium facilities; Provision of indoor recreational facilities; Provision of information relating to education; Provision of live entertainment; Provision of non-downloadable audio and video entertainment via electronic or digital transmission; Provision of non-downloadable audio and video entertainment via streaming services; Provision of recreational activities; Provision of recreational areas; Provision of recreational events; Provision of recreational facilities; Provision of sport facilities; Provision of sporting club facilities; Provision of sporting facilities; Provision of sporting results; Publication of multimedia material online; Publication of posters; Publishing by electronic means; Publishing of documents; Publishing of newsletters; Publishing of stories; Recreational services; Rental of video recordings; Social club services (entertainment, sporting and cultural services); Sports club services; Television entertainment; Video production services, other than advertising; Video rental services; Weblog (blog) services (online publication of journals or diaries); education services; Educational services; educational seminars; Electronic publication of information on a wide range of topics, including online and over a global computer network; Entertainment; Entertainment services provided in online virtual environments; Film directing, other than advertising films; Film distribution; Film production, other than advertising films; Film rental; Gymnasium club services; Gymnasium services; Health club services (exercise); Keynote speaking for educational purposes; Keynote speaking for entertainment purposes; Leisure park services; Life coaching services (training or education services); Live entertainment; Live entertainment production services; Mentoring (education and training); Online publication of electronic books and journals; Organisation of entertainment events; Organisation of exhibitions for cultural or educational purposes; Organisation of exhibitions for entertainment purposes; Organisation of fairs for entertainment purposes; Organisation of live shows; Organisation of parties; Organisation of recreational activities; Organisation of seminars; Organising events for entertainment purposes; Organising of entertainment; Organising of entertainment and social events (entertainment, sporting and cultural services); Personal development training; Physical fitness centre services; Production of films, other than advertising films; Provision of apparatus for sports; rental films; Rental of video recordings

Class 45:  mentoring (spiritual); Online social networking services; Organisation of meetings for social networking purposes

ANNEXURE B – Opponent’s Registrations

Trade Mark #	Trade Mark	Specification
1210543	1 LIFE	Class 14:  Precious metals and their alloys in this class; goods consisting of or coated with precious metals and their alloys or imitation precious metals in this class; jewellery and other items for adornment in this class including but not limited to necklaces, bracelets, bangles, wrist bands, anklets, chains, rings, earrings, brooches, pendants, badges, medallions, pins, charms and cuff links; jewellery cases, jewellery boxes and jewellery pouches in this class; watches, clocks and other timepieces; watch accessories including watch bands, watch chains, watch straps and watch cases; key rings, key chains, key cases, key tags and key fobs in this class; including accessories, parts and fittings for all the aforesaid goods allowed in this class Class 21:  Drinking vessels; ceramic ware; mugs; glassware; drinking glasses; wine glasses; shot glasses; drinking cups; jugs; drinking flasks; stubby holders; holders for drinking vessels; water bottles; canteens; coffee and tea pots; kitchenware; kitchen utensils; household utensils; utensils for barbecues, namely, forks, tongs and turners; corkscrews; bottle openers; drink coasters; placemats; oven gloves and mitts; beverage coolers; portable beverage coolers; hair combs; hair brushes; cosmetic cases adapted for cosmetic and toiletry articles; including accessories, parts and fittings for all the aforesaid goods allowed in this class Class 25:  Clothing, footwear and headgear and clothing accessories for men, women and children, including but not limited to T-shirts, shirts, singlets, jackets, jumpers, sweaters, vests, overalls, aprons, pants, shorts, underwear, hats, caps, sun visors, beanies, scarves, gloves, socks, shoes and belts
1229048	1 LIFE DO IT NOW!	Class 41: Membership and subscription services in relation to the provision of information in the field of personal development and improvement, relationship development and improvement, communication and leadership skills, change management and health and lifestyle choices; gymnasium and health club services
1241086	1 LIFE DO IT NOW!	Class 9:  Electronic publications; downloadable electronic publications; online downloadable photographs, videos, sound recordings, books and newsletters; printed publications in electronically readable form; multimedia publications; computer software; computer software programs; computer software products; computer software packages; interactive computer software; computer software for educational use; educational programmes; computer programs; computer programmes stored on discs; computer data in recorded form; pre-recorded data compact discs; pre-recorded audio and video compact discs (CDs and DVDs); audio recordings; music recordings; video recordings; motion pictures; animated films; animated cartoons; digital music provided from MP3 web sites on the Internet; MP3 players; electronic dictionaries; dictionaries in electronically readable form stored on computer programmes; computer databases; eyeglasses; frames and lenses for eyeglasses; sunglasses; frames and lenses for sunglasses; including instructional materials sold together with the aforesaid goods, accessories, parts and fittings for all the aforesaid goods allowed in this class Class 16:  Printed matter; printed material; printed publications; printed matter for educational purposes; books; reference books; textbooks; dictionaries; newsletters; magazines; newspapers; periodicals; pamphlets; leaflets; brochures; stickers; book marks; printed stationery; adhesive printed labels; printed documents; printed forms; printed reports; printed guides; printed maps; printed manuals; printed course materials; student workbooks; exercise books; note books; diaries; journals; printed training and instructional guides; printed training and instructional manuals; stationery including but not limited to pens, pencils, pencil sharpeners, markers, highlighters, erasers, staplers and rulers; pencil cases; accessories, parts and fittings for all the aforesaid goods allowed in this class Class 18:  Leather and leather goods; imitation leather and imitation leather goods; skins of chamois, other than for cleaning purposes; leather and imitation leather bags, cases and luggage including but not limited to handbags, carry bags, clutch bags, backpacks, rucksacks, knapsacks, shoulder bags, waist bags, sports bags, tote bags, satchels, briefcases, document cases, credit card cases, business card cases, suitcases, trunks and travelling bags; leather and imitation leather wallets and purses; leather and imitation leather diary, journal and book covers; leather straps; pouches of leather; bags, cases and luggage including but not limited to handbags, carry bags, clutch bags, backpacks, rucksacks, knapsacks, shoulder bags, waist bags, sports bags, tote bags, satchels, briefcases, document cases, credit card cases, business card cases, suitcases, trunks and travelling bags; wallets, purses and money belts; luggage tags; shopping bags of leather, textile or mesh; bags for merchandise packaging in this class; umbrellas, parasols and walking sticks; accessories, parts and fittings for all the aforesaid goods allowed in this class Class 24:  Towels including but not limited to bath towels, hand towels, face towels, beach towels, sports towels and tea towels; textiles and textile goods including but not limited to articles made of cotton, polyester, wool, silk, satin, elastic, hemp, terry towelling, flannel, linen, imitation animal skins and synthetic materials; bath sheets and linen; household linen; bed linen; bed sheets; bed clothes; bed blankets; bedspreads; quilts; pillowcases; valances; brocades; furniture coverings of textile; covers for cushions; curtains of textile or plastic including but not limited to door, window and shower curtains; table cloths; table runners; textile table mats; napkins and serviettes of textile; textile coasters; washing mitts; handkerchiefs of textile; cloth labels; cloth flags; sailcloth; banners; canvas for tapestry or embroidery; wall hangings of textile
1269957	1 LIFE DO IT NOW!	Class 39:  Agency services for the arranging, reservation and booking of travel, tours and holidays; agency services for the arranging, reservation and booking of vehicle hire; tourist agency services; tourist offices; travel, tourist and holiday information and advisory services; travel, tourist and holiday consultancy services; itinerary planning and advisory services; issuing of tickets for travel; computerised reservation services for travel; tour operator services; arranging and conducting travel tours and cruises; arranging and conducting boating, fishing, hunting and sightseeing excursions; travel and tourist guide services; transport of travellers; accompanying of travellers; escorting of travellers; arranging travel tours as a bonus program for credit cards customers; travel brokerage services; providing information, including by electronic means and via a global computer network, about all of the aforesaid services Class 43:  Agency services for the finding, arranging, reserving and booking of accommodation; accommodation information, advisory and consultancy services; accommodation availability information services; providing hotel rate information; appraisal and rating of hotel accommodation; agency services for the finding, arranging, reserving and booking of restaurants and meals; restaurant and dining information, advisory and consultancy services; restaurant availability information services; providing restaurant price information; appraisal and rating of restaurants; arranging of wedding receptions; agency services for the finding, booking, arranging and reserving of catering; catering services; providing information, including by electronic means and via a global computer network, about all of the aforesaid services
1899474	1 LIFE DO IT NOW!	Class 25: Clothing; footwear; headgear; clothing, footwear and headgear, namely T-shirts, tops, singlets, jackets, leotards, shirts, casual tops with long and short sleeves, wetsuits, swimwear, bodysuits, one-piece suits, romper suits, playsuits, jump suits, sweaters, sweat tops, hooded sweaters or sweatshirts, sweat pants, parkas, jackets, jumpers, pullovers, anoraks, parkas, shorts, board shorts, walk shorts, volley shorts, long pants, beach pants, trousers, jeans, leggings, tights, dresses, skirts, ski wear and snowboard wear, pyjamas, night clothes, sports hosiery, undergarments, underwear, mitts, mittens, lingerie, stockings, socks, boots, ankle boots, sandals, jandals, thongs, flip flops, slippers, sneakers, trainers, shoes, and bandanas (neckerchiefs); athletic, gymnastic, exercise and leisure clothing, footwear and headgear; sporting and sports clothing, footwear and headgear (other than golf gloves and helmets); clothing, footwear and headgear for adults and mature-age persons; anti-sweat and sweat-absorbent underclothing; outerclothing; clothing, not being protective clothing, incorporating reflective or fluorescent elements or material; thermal or thermally insulated clothing (not specifically adapted for protection against accident or injury); over-garments (other than for protection against accident or injury); support garments, other than for medical use