Societe Air France

[2013] ATMO 90

TRADE MARKS ACT 1995

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

Re:Trade Mark Application No 1396412 (16, 18, 35, 36, 37, 38, 39) (International Registration No 1056115) - CURVED RED STRIPE - in the name of Société Air France.

Delegate:	Alison Windsor
Representation:	Holder:  Mr Robert Kelson, Trade Mark Attorney of Callinans Patent and Trade Mark Attorneys
Decision:	2013 ATMO 90 Ex parte decision:  Trade mark not inherently adapted to distinguish – evidence insufficient for purposes of section 41(5) – extension of protection to Australia refused.

Background

1. Société Air France (‘the Holder’) requested protection in Australia for the following international registration designating Australia (‘IRDA’):

Application number:           1396412
International Registration:  1056115
Filing date:  20 November 2009
Convention priority:            13 August 2009          France
Trade Mark:   (‘the Trade Mark’)
Endorsement:  Colour claimed:  RED (Pantone reference 186C).
Goods/Services:  See Annexure 1.

1. The first official report issued as a Notice of Provisional Refusal in respect of all the goods and services claimed in the IRDA. The grounds for rejecting the IRDA were raised under the provisions of section 41 of the Trade Marks Act 1995 (‘the Act’) as follows:

   Grounds for rejecting this International Registration Designating Australia (IRDA) exist under sub section 41(5) of the Trade Marks Act.

   To be protected in Australia, your trade mark must be capable of distinguishing your goods/services from the similar goods/services of other traders in the market place.

   Your IRDA is refused as the trade mark is not capable of distinguishing the specified goods/services because it is a slightly stylised geometric shape, the kind of which represents standard, non-distinctive trade mark material. The likelihood of other traders legitimately needing to use your slightly stylised geometric shape is high.

   The refusal applies to all the goods/services claimed in the application.

   You may respond to this refusal by:

   •       Making written submissions and/or

   •Providing evidence of use showing that the trade mark is capable of distinguishing the goods/services in Australia, and

   •       Requesting a hearing in this matter.

   If you wish to respond in any of the above ways, you must do so in writing and supply an address for service in Australia.

2. The Holder nominated an address for service in Australia (Callinans Patent and Trade Mark Attorneys) which provided arguments in rebuttal and evidence of use of the trade mark.  The evidence consists of the Statutory Declaration of Jean-Marc Bardy made on 27 September 2012 and accompanied by Exhibits JMB-1 to JMB-6.

3. Despite the Holder’s evidence and submissions, the examiner maintained the section 41 ground for rejection for a further two reports. The Holder requested a hearing and the matter was set down to be heard in Canberra at 10am on 21 October 2013.

4. As a delegate of the Registrar of Trade Marks I heard the matter at the appointed time.  The Holder was represented by Mr Robert Kelson of Callinans Patent and Trade Mark Attorneys who appeared by telephone.

Discussion and reasons

1. Section 189A of the Act specifies that implementation of the Madrid Protocol is governed by regulations made for that purpose. The relevant regulations may be found at Part 17A of the Trade Mark Regulations 1995 (‘the Regulations’). Regulation 17A.28 refers to the grounds for rejecting an IRDA and specifies that sections 39 to 44 of the Act apply to an IRDA in the same way that they apply to a national application.

2. The ground for refusing protection to the IRDA is, as previously mentioned, that under section 41 of the Act. The section was amended by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 which came into effect on 15 April 2013. Since the filing date of the IRDA predates the amendment to section 41, it is the version of the section in place at the time of filing that applies to this matter.[1] 

   [1] See Clearlight Investments Pty Ltd v Sandvik Mining and Construction Oy (2013) ATMO 50

3. Section 41 in its un-amended form provides:

   (1)  For the purposes of this section, the use of a trade mark by a predecessor in title of an applicant for the registration of the trade mark is taken to be a use of the trade mark by the applicant. 

   Note 1: For applicant and predecessor in title see section 6.

   Note 2: If a predecessor in title had authorised another person to use the trade mark, any authorised use of the trade mark by the other person is taken to be a use of the trade mark by the predecessor in title (see subsection 7(3) and section 8).

   (2)  An application for the registration of a trade mark must be rejected if the trade mark is not capable of distinguishing the applicant's goods or services in respect of which the trade mark is sought to be registered (designated goods or services) from the goods or services of other persons. 

   Note:  For goods of a person and services of a person see section 6.

   (3)  In deciding the question whether or not a trade mark is capable of distinguishing the designated goods or services from the goods or services of other persons, the Registrar must first take into account the extent to which the trade mark is inherently adapted to distinguish the designated goods or services from the goods or services of other persons.

   (4)  Then, if the Registrar is still unable to decide the question, the following provisions apply.

   (5)  If the Registrar finds that the trade mark is to some extent inherently adapted to distinguish the designated goods or services from the goods or services of other persons but is unable to decide, on that basis alone, that the trade mark is capable of so distinguishing the designated goods or services: 

   (a) the Registrar is to consider whether, because of the combined effect of the following: 

   (i) the extent to which the trade mark is inherently adapted to distinguish the designated goods or services;

   (ii) the use, or intended use, of the trade mark by the applicant;

   (iii) any other circumstances;

   the trade mark does or will distinguish the designated goods or services as being those of the applicant; and 

   (b) if the Registrar is then satisfied that the trade mark does or will so distinguish the designated goods or services-the trade mark is taken to be capable of distinguishing the applicant's goods or services from the goods or services of other persons; and

   (c) if the Registrar is not satisfied that the trade mark does or will so distinguish the designated goods or services - the trade mark is taken not to be capable of distinguishing the applicant's goods or services from the goods or services of other persons.

   Note 1: For goods of a person and services of a person see section 6.

   Note 2: Use of a trade mark by a predecessor in title of an applicant and an authorised use of a trade mark by another person are each taken to be use of the trade mark by the applicant (see subsections (1) and 7(3) and section 8).

   (6)  If the Registrar finds that the trade mark is not to any extent inherently adapted to distinguish the designated goods or services from the goods or services of other persons, the following provisions apply: 

   (a) if the applicant establishes that, because of the extent to which the applicant has used the trade mark before the filing date in respect of the application, it does distinguish the designated goods or services as being those of the applicant-the trade mark is taken to be capable of distinguishing the designated goods or services from the goods or services of other persons;

   (b) in any other case-the trade mark is taken not to be capable of distinguishing the designated goods or services from the goods or services of other persons.

   Note 1: Trade marks that are not to any extent inherently adapted to distinguish goods or services are mostly trade marks that consist wholly of a sign that is ordinarily used to indicate: 

   (a) the kind, quality, quantity, intended purpose, value, geographical origin, or some other characteristic, of goods or services; or

   (b) the time of production of goods or of the rendering of services.

   Note 2: Use of a trade mark by a predecessor in title of an applicant and an authorised use of a trade mark by another person are each taken to be use of the trade mark by the applicant (see subsections (1) and 7(3) and section 8). 

4. At the hearing Mr Kelson submitted that the Trade Mark was inherently adapted to distinguish the Holder’s goods and services because it is not a simple geometric device.  He referred to paragraph 16 of the Bardy declaration which provides the following description of the Trade Mark:

   The subject trade mark is inherently distinctive because the sign is not constituted by a usual geometric shape or form such as a square, a rectangle or parallelogram but is constituted by a complex shape constituted by several characteristic elements which confer to the sign a particular impression which would be seen by the relevant public as indicating the goods and services of the Applicant.

5. Mr Kelson added that the Applicant places significance on the colour aspect of the Trade Mark, and specifically pointed to the gradation of colour in the device which is darker towards the bottom, becoming somewhat lighter as it moves towards the top.  He claimed that this gradation was a particular point of originality in the device.  He submitted that the device could be protected under copyright as an artistic work and that it is not part of the common heritage.[2] He went on to submit that the Trade Mark is not a mere background decoration, that it is not descriptive nor is it something likely to be needed by other traders. He said that the device, in use, stands out on its own accord and is not overshadowed by the words ‘Air France’ with which it is often used. All of these considerations, Mr Kelson said, go to demonstrating that the Trade Mark is sufficiently inherently adapted to distinguish to meet the requirements of section 41(3) and thus there was no need for him to discuss the Holder’s evidence of use.

   [2] See Cantarella Bros Pty Limited v Modena Trading Pty Limited [2013] FCA 8

6. The nature and operation of section 41 were discussed by Branson J in the Oregon decision,[3] where she said (in part):

   Subsections (3) to (6) of s 41 of the Act are designed to control the process by which the Registrar is to reach a conclusion as to whether the trade mark for which registration is sought is capable of distinguishing the applicant's goods or services in respect of which the trade mark is sought to be registered ("the designated goods or services"). If the trade mark is not so capable, the application for its registration must be rejected (s 41(2)). Subsection (3) requires the Registrar first to "take into account the extent to which the trade mark is inherently adapted to distinguish the designated goods or services from the goods or services of other persons". Having taken such matter into account, it is theoretically open to the Registrar to conclude:

   (a) that the trade mark is inherently adapted to distinguish the designated goods or services from the goods or services of other persons and capable, on that basis alone, of so distinguishing the designated goods or services; or

   (b) that the trade mark is not to any extent inherently adapted to distinguish the designated goods or services from the goods or services of other persons; or

   (c) that the trade mark is to some extent inherently adapted to distinguish the designated goods or services from the goods or services of other persons, but there is uncertainty, on that basis alone, that the trade mark is actually capable of so distinguishing the designated goods or services.

   [3] Blount Inc v Registrar of Trade Marks [1998] 40 IPR 498

7. The first matter to be considered when assessing the registrability of a trade mark must be an assessment of the amount of inherent adaptation to distinguish that the particular trade mark has.  Inherent adaptation to distinguish refers to the quality of the trade mark itself and is something which cannot be acquired through use.  In the Michigan decision,[4] Kitto J said the following about inherent adaptation to distinguish:

   That ultimate question must not be misunderstood [that is, "whether the mark is registrable as being 'adapted to distinguish' the applicant's goods"]. It is not whether the mark will be adapted to distinguish the registered owner's goods if it be registered and other persons consequently find themselves precluded from using it. The question is whether the mark, considered quite apart from the effects of registration, is such that by its use the applicant is likely to attain his object of thereby distinguishing his goods from the goods of others. In Registrar of Trade Marks v W. and G. Du Cros Ltd. (1913) AC 624 at 634, 635) Lord Parker of Waddington having remarked upon the difficulty of finding the right criterion by which to determine whether a proposed mark is or is not "adapted to distinguish" the applicant's goods defined the crucial question practically as I have stated it, and added two sentences which have often been quoted but to which it is well to return for an understanding of the problem in a case such as the present. His Lordship said: "The applicant's chance of success in this respect (ie. in distinguishing his goods by means of the mark, apart from the effects of registration) must, I think, largely depend upon whether other traders are likely, in the ordinary course of their businesses and without any improper motive, to desire to use the same mark, or some mark nearly resembling it, upon or in connection with their own goods. It is apparent from the history of trade marks in this country that both the Legislature and the Courts have always shown a natural disinclination to allow any person to obtain by registration under the Trade Marks Acts a monopoly in what others may legitimately desire to use." The interests of strangers and of the public are thus bound up with the whole question, as Hamilton L.J. pointed out in the case of R. J. Lea, Ltd. (30 RPC 216 at 227); but to say this is not to treat the question as depending upon some vague notion of public policy; it is to insist that the question whether a mark is adapted to distinguish be tested by reference to the likelihood that other persons, trading in goods of the relevant kind and being actuated only by proper motives - in the exercise, that is to say, of the common right of the public to make honest use of words forming part of the common heritage, for the sake of the signification which they ordinarily possess - will think of the word and want to use it in connection with similar goods in any manner which would infringe a registered trade mark granted in respect of it.

   [4] Clark Equipment Co V Registrar of Trade Marks (1964) 111 CLR 511

8. More recently, in the Guylian Seahorse decision,[5] Sundberg J said:

   The question whether a trade mark is inherently adapted to distinguish is directed at the nature of the trade mark itself and is not concerned with the mark’s capability to distinguish arising from its actual or intended use: Burger King Corporation v Registrar of Trade Marks (The Whopper case) [1973] HCA 15; (1973) 128 CLR 417 [Gibbs J] at 424; Kenman Kandy [2002] FCAFC 273; 122 FCR 494 at [83] (Lindgren J). A trade mark that is inherently adapted to distinguish goods is one that can “do the job of distinguishing without first educating the public that it is a trade mark”: British Sugar plc v James Robertson & Sons Ltd [1996] RPC 281 (British Sugar) at 306 (Jacob J); see also Austereo [2004] FCA 968; 61 IPR 257 at [48] (Finn J). Although in dissent on the ultimate outcome, Lindgren J observed in Kenman Kandy [2002] FCAFC 273; 122 FCR 494 at [84] that:

   While inherent adaptation to distinguish requires attention to be focused on the mark itself, and is intended to stand in sharp contrast to a mark's capacity to distinguish arising from use, the notion of “the mark itself” does not exclude from consideration the nature of the range of goods within the class or classes in respect of which registration is sought, or the various ways in which the mark might, within the terms of the registration, be used in relation to those goods. Indeed, those matters must be taken into account.

   [5] Chocolaterie Guylian NV v Registrar of Trade Marks [2009] FCA 891; (2009) 82 IPR 13.

9. Despite Mr Kelson’s submissions to the contrary, I consider that the Trade Mark is severely lacking in inherent adaptation to distinguish.  It is important to remember that when describing those trade marks which would be seen as lacking in inherent adaptation to distinguish, Kitto J referred to trade marks where “other traders are likely, in the ordinary course of their businesses and without any improper motive, to desire to use the same mark, or some mark nearly resembling it, upon or in connection with their own goods” (my emphasis).

10. The Trade Mark, despite the slight shading in its colour, appears merely as a curved stripe. It is not a particularly complex geometric shape but the kind of flourish which one can imagine would be formed by paint from a soft paintbrush being applied to paper. The stripe has some very slight degree of a three dimensionality resulting from the shadow effect of the colour change on the lower edge of the device, but other than that, it appears to me to be the ordinary kind of flourish which one is likely to see applied to highlight any number of words forming names, brands and trade marks. It is the kind of simple device which other traders are likely to think of and choose to apply to their own branding in good faith, with or without the shading effect in the colouring applied to it. As such, I find that it does not have sufficient inherent adaptation to distinguish to meet the requirements of section 41(3).

11. While I am not satisfied that the provisions of section 41(3) are applicable, I do not consider that the Trade Mark is necessarily completely devoid of adaptation to distinguish. Section 41(4) thus urges me to move on to the provisions of section 41(5) which allow me to consider evidence of use or other circumstances and to take these into account in deciding the eventual fate of the Trade Mark.

12. Mr Kelson did not discuss the Holder’s evidence of use at the hearing.  However, that evidence is before me and it is appropriate for me to consider whether the Holder’s claimed use of the Trade Mark points to it having developed a capacity to distinguish the relevant goods and services because of its use as a trade mark within the relevant market.

13. Mr Jean-Marc Bardy is the legal manager of the Holder.  He says that the Holder was created in 1933 as ‘Compagnie Nationale Air France’ and that it changed its name to ‘société Air France’ in 2001.  In 2004 he says that a new company was formed (with the same name) as a result of the merging of Air France with the Dutch airline company KLM.  The Air France-KLM group, Mr Bardy says, is today the first worldwide air transportation group.

14. Mr Bardy states that air transportation services and all related goods and services have been available in Australia under the Trade Mark since November 2009.  He says that the trade mark is advertised by way of the Air France Magazine which is offered to the Holder’s clients on board airplanes and at airports.  He also refers to brochures, advertising and magazines which are available in the Holder’s dedicated shops and check-in desks at airports around the world, and which all display the Trade Mark.  He also notes that the Holder makes extensive use of the Trade Mark on its websites, including at < < and < Exhibit JMB-1 displays black and white copies of various pages of the Holder’s websites which show the Trade Mark in the following iterations:  

1. While the second iteration is of very poor quality, it incorporates the words AIRFRANCE as well as other features.  However, the Trade Mark generally appears on the current website in the following form:

1. While the Trade Mark is clearly physically separated from the word AIRFRANCE and is shown in a different colour, it appears as little more than a red flourish to highlight the word.  The shading which Mr Kelson and the Holder have submitted is so important to the identity of the Trade Mark is scarcely visible when viewed on the Holder’s website in a normal font size on even a 51cm computer screen.  Whether this shading shows up more clearly in any of the other forms of advertising the Holder has referred to is a moot point as the evidence from the official file to which I have access is all in black and white.

2. I do not find that the evidence of use provided by the Holder assists it in meeting the requirements of section 41(5). I consider that it would be generous to even allow the Trade Mark the status of a ‘limping’ trade mark as described by Jacob J in British Sugar. It is the kind of device which cannot ‘do the job of distinguishing without first educating the public that it is a trade mark’. I find that the Trade Mark does not have sufficient inherent capacity to distinguish the Holder’s goods and services and that the evidence of use provided is insufficient to overcome this deficiency. The section 41 ground for rejection has thus not been overcome.

Decision

1. Regulation 17A.24 provides:

   Reg 17A.24.  Final decision on examination

   (1) The Registrar must, after the examination, accept the IRDA unless he or she is satisfied that: 

   (a) it is not in accordance with this Division; or

   (b) there are grounds for rejecting it.

   (2) The Registrar may accept the IRDA subject to conditions or limitations.

   (3) The Registrar must reject an IRDA, in whole or in part, if the Registrar is satisfied that: 

   (a) it is not in accordance with this Division; or

   (b) there are grounds for rejecting it, in whole or in part.

2. I refuse to extend protection in Australia to application 1396412 (International Registration 1056115) in respect of all of the goods and services listed in the IRDA.

Alison Windsor
Hearing Officer
Trade Marks Hearings
30 October 2013

Annexure 1

Goods and Services

Class 16:        Paper badges, tickets, passenger tickets, transport documents (tickets), air tickets, transport tickets, travel tickets, tickets for vehicle rental, pads (stationery), drawing pads, pamphlets, office requisites (except furniture), writing or drawing books, calendars, note books, cards, postcards, subscription cards, loyalty cards, identification cards, boarding cards, club membership cards, geographic maps, paper or cardboard planispheres, cardboard articles, catalogues, jackets for papers, circulars, control tokens, paper cutters (office requisites), wrappers (stationery), pencils, pencil holders, propelling pencils, pencil sharpeners, magazines, newsletters, aircraft safety cards, document files (stationery), writing materials, paper or cardboard placards, writing instruments, shields (paper seals), wrapping paper, paper or cardboard signboards, teaching and educational material (excluding equipment), envelopes (stationery), tear-off calendars, non-textile labels, announcement cards (stationery), paper pennants, paper sheets (stationery), index cards (stationery), printed forms, forms, terrestrial globes, graphic representations, engravings, printed timetables, pictures, printed matter, printed documents, newspapers, writing paper, table linen of paper, lithographs, books, bookmarkers, booklets, manuals, handkerchiefs of paper, paper or cardboard menus, place mats of paper, tablecloths of paper, tablecloths of paper, paper tapes, paper napkins, tablemats of paper, face towels of paper, babies' diapers of paper and cellulose, babies' napkin-pants (diaper-pants) of paper and cellulose, paper handtowels, bibs of paper, bibs of paper, coasters for glasses, decanters, bottles or beer mugs of paper or cardboard, paper tissues for removing make-up, stationery articles, paper, letter paper,  paperweights, covers for travel, for passports and identity documents, holders for cheque-books, periodicals, photographs, photograph stands, photo-engravings, bulldog clips, plans, airport plans, aircraft plans, portraits, prospectuses, printed publications, registers (books), indexes, reviews (periodicals), paper or plastic bags and small bags (wrappings, pouches) for packaging purposes, page markers, greeting cards, desk pads, pens, stands for pens and pencils, adhesive tapes for stationery or household purposes, posters, advertisement boards of paper or cardboard, scrapbooks, painting books, transfers, almanacs, aquarelles, gouaches, etchings, paintings, engraved works of art, lithographic works of art, atlases, stickers (stationery items), cardboard or paper boxes, seals (seals), stamps (seals), cases for stamps (seals), holders for stamps (seals), address stamps, sealing stamps, postage stamps, files (office requisites), stationery cases (office supplies), control tokens, drawing materials, drawing instruments, drawing, paper cutters (office requisites), paper flags, plastic bubble packs for wrapping or packaging, plastic film for wrapping or packaging, architects' models, slate pencils, writing slates, writing chalk, cardboard or paper packaging and covers for bottles, cigar bands, rubber erasers, elastic bands for offices, wrapping paper, inks, inking pads, ink-wells, figurines (statuettes) of paper, papier-mache or cardboard, paint boxes [articles for use in school], paper curtains, paper blinds, scratch-pads, drawing sets, paperweights, user information and manuals for computer systems, software, computers or computer peripheral devices

Class 18:  Collars for animals, leather hatboxes, leather or leather-board boxes and cases, vulcanised fibre boxes and cases, purses, canes, walking-stick seats, school bags, card cases (wallets), key cases (leather ware), travelling trunks, vanity cases [not fitted], briefcases, school book bags, school satchels, sling bags for carrying infants, umbrella sheaths, clothing for animals, leashes, trunks, suitcases, attache cases, purses not of precious metal, muzzles, parasols, umbrellas, sun umbrellas, empty tool bags, rucksacks, handbags, shopping bags, wheeled shopping bags, beach bags, travelling bags, packaging bags (envelopes, pouches) of leather, garment bags for travel, briefcases, valises, travelling sets (leather goods), cabin sets, sports bags

Class 35:  Advertising, advertising by post, radio advertising, television advertising, advertising via the Internet, intranets and extranets, business management, business administration, office functions, marketing and promotion services for airlines, services for subscribing to newspapers, magazines, reviews, periodicals or newsletters (for third parties), business management and organisation consultancy, professional business consulting, efficiency experts, business information, business inquiries, outdoor advertising, business appraisals, commercial information agencies, cost price analysis, dissemination of advertisements, rental of office machines and apparatus, transcription of communications, accounting, personnel management consultancy, personnel recruitment, publicity columns, distribution and dissemination of advertising materials (leaflets, prospectuses, printed matter, samples), commercial or industrial management assistance, updating of advertising material, document reproduction, organisation of exhibitions for commercial and advertising purposes, organisation of competitions (advertising or sales promotions), data compilation and systematisation in a database, computer file management, computer file management especially on the Internet, or extranet or intranet networks, database management especially on the Internet, or extranet or intranet networks, rental of advertising space, opinion polling, projects (assistance to business management), sales promotion (for others), publication of advertising texts, public relations, drawing up of statements of accounts, secretarial services, statistical information, auditing, management of promotional bonuses, customer and staff loyalty programmes through promotional or advertising activities, services to  manage a loyalty programme especially in the air transport  sector, order placement and receipt for goods and services  on the Internet and on intranet and extranet networks,  auctioneering services especially on the Internet, or extranet or intranet networks, shop-window dressing, demonstration of goods, market study, market research, economic forecasts, modelling for advertising or sales promotion, retailing services for transport documents, plane tickets, travel tickets, reservations for hotel rooms, places or tables in restaurants or reservations for motor vehicles especially via the Internet, or extranet or intranet networks, administrative or business management of loyalty points or vouchers in customer loyalty programmes, services of commercial information, advertising and sales promotion by administration of Internet trade sites, retail sales services for food products, perfumes, cosmetics, jewels, luggage, luggage labels, leather goods, watches, timepieces, spectacles, clothing, footwear, headgear, table or bath linen, writing articles, writing instruments, office articles, games, toys, photographic equipment, apparatus for transmitting data, sound and/or images, data storage media, razors, current adapters, umbrellas, parasols, tableware namely dishware, services (dishware), silverware (dishes), drinking glasses, tumblers, glassware, crystal (glassware), drinking vessels, table cutlery, plates, serving dishes, bowls, drinking cups, tea services, tea-pots, tea infusers, coffee services, coffee-pots, candlesticks, candle holders, bottles, bottle openers, corkscrews, decanters, coasters for glasses, decanters or for bottles, jugs, small jugs, trays for domestic purposes, trivets (table utensils), menu card holders, name holders, egg-cups, baskets for domestic use, drinking basins, knife rests for the table, small bottles, tidies, ice buckets, cruets, hand-operated pepper or salt mills, pepper pots, salt cellars, sugar bowls, crumb trays, tart scoops, pottery, pots, refuse bins, napkin rings, salad bowls, table centre-pieces, non-electric kettles, vases; retailing services for candles, printed matter, stationery, tobacco and articles for smokers

Class 36:  Insurance, financial affairs, monetary affairs, financial analysis, insurance consultancy, insurance information, issuing and distributing of tokens of value, savings banks, raising, managing and investing capital, credit, debit or payment card services, guarantees, foreign exchange operations, issue of travellers' cheques, issue of gift vouchers, financial consulting, financial valuations (insurance, banking), trusteeship services, financing services, financial information, raising, investment and management of funds, electronic transfer of funds, financial operations, monetary operations, financial sponsorship, financial transactions, management of share accounts, management of share accounts in the context of customer loyalty relating to financial operations, management of share accounts in the context of customer and personnel loyalty development in the air transport sector or of connecting individuals, customs brokerage, service for executing customs formalities, financial sponsoring, real estate estimation, real estate management, stock exchange quotations, guarantees

Class 37:  Upkeep, overhaul, cleaning, washing and repairing vehicles, air vehicles, transport vehicles and or aircraft, construction, upkeep, cleaning of buildings, of airport infrastructures, airports, air terminals, warehouses, garages, car parks, runways or airport roads, servicing and   cleaning of aircraft cabins, cockpits or holds, servicing and cleaning of floors, surfaces, seats, armchairs, trays, storage chests, luggage compartments, ashtrays, refuse bins, video screens especially on board aircraft or within airport precincts, cleaning and upkeep of toilets,   supervision (direction) and co-ordination of services for the construction, upkeep, overhaul, cleaning, washing and repair of all vehicles or buildings, vehicle service stations namely supply of fuel and aircraft maintenance, de-icing services and snow clearance of roads, airport runways, for vehicles and especially for air vehicles, cleaning and upkeep of headrests, pillows, cushions, blankets, sheets, napkins, table or bathroom linen especially provided on board aircraft or within airport precincts, cleaning and servicing of electrical, electronic, audio and video equipment and apparatus especially provided on board aircraft or within airport precincts, vehicle breakdown assistance (repair) and especially for aircraft, information on construction, upkeep, overhaul, cleaning, washing or repairing of all types of vehicle or building, disinfecting of all vehicles or buildings, cleaning of tableware, serving dishes, table cutlery, drinking glasses, glassware, installation, maintenance and repair of devices for signalling fires

Class 38:  Telecommunications, communications by computer terminals, radio communications, communications by telegrams, communications by telephone, radio broadcasts, television broadcasts, information on telecommunications, rental of  telecommunication equipment, rental of message sending  apparatus, rental of modems, rental of telephones,  electronic mail, electronic mail for transport or  introduction or connection services for individuals  especially during a journey, electronic mail used for the  setting-up of an online community over the Internet,  electronic mail for setting up social networks, electronic  mail, transmission of information, data, messages, sound and/or images especially in the context of transport or  connecting individuals, computer aided transmission of  messages and images, cellular telephone communication, satellite transmission, communications by telephone, telephone services, broadcasting of radio and television  programmes, sending of telegrams, transmission of information via the Internet, intranets and extranets, television programme broadcasting, rental of telecommunication equipment, transmission of information from a computer data bank, services of transmission of data between networked computer systems, online information transmission, electronic mail services, leasing access time to a database server centre (for telecommunication), correspondence exchange (telecommunications), electronic bulletin board services especially in the field of transport or connecting individuals, providing access to Internet sites and/or search engines (portals), rental of access time to computer networks, providing discussion forums on the Internet especially in the field of transport or connecting individuals, telecommunication services used to access a virtual exchange community, telephone call centres, services involving telephone answering services, receipt or transmission of data via telephone or via Internet, intranet or extranet networks, transmission and dissemination of information, data, messages, images or sounds on Internet, intranet or extranet networks for reserving transport documents, travel tickets or air tickets, providing access to a global computer network, providing access to a computer network particularly for the reservation, delivery, printing and withdrawal of transport documents, travel tickets or air tickets, providing access to a computer network particularly for reserving hotel rooms, restaurant places or tables or vehicles, remote transmission of orders via Internet, intranets and extranets

Class 39:  Transport, packaging and storage of goods, passenger  transport, transport of travellers, animal transport,  arrangement of tours, escorting of travellers, air hostess  services (escorting of travellers), air transport,  transport by aeroplane, freighting, tourist offices (except  for hotel and boarding-house reservation), travel agency  services, bus or coach services, car transport, chauffeur  services, parcel delivery, packaging of goods, message  delivery, delivery of newspapers, magazines, pamphlets or  safety instructions in airports or on board aircraft,  storage of goods, distribution (delivery) of luggage,  meals, beverages, products, goods, wrapping of goods,  storage information, arranging of tours, freight forwarding  services, freight (shipping of goods), transport, travel or  vehicle rental information, information on transporting  passengers, goods and animals, vehicle rental, courier  services (messages or merchandise), car park services,  reservation of travel tickets, transport documents or air tickets, storage, taxi transport, sightseeing, freight forwarding, transport reservation, reservations for the transport of passengers, goods and animals, reservations for travel and for vehicle rental, guarded transport of valuables, car shuttle services, luggage, goods and passenger check-in services, loading and unloading of airplanes, provision of aircraft, representation of airlines and car rental companies namely transport, travel reservation, handling of travellers, luggage check-in and tracing in the transport sector provided in the name of and for the account of an airline or in the context of a partnership with such a company, public transport for passengers, assistance in case of vehicle breakdown (towing), car hire, rental of storage containers, freight brokerage, transport brokerage, rental of warehouses, garages, rental of wheelchairs, providing wheelchairs for passengers in airports, parking space rental, aircraft handling, life-saving services, rescue operations(transport), loan, rental and provision of air vehicles or of aircraft, professional consulting in the air transport sector, handling of food products, beverages, meals or meal trays, loading and unloading of goods on board aircraft for the equipment of aircraft cabins, cockpits and holds, handling of baggage and goods especially in airports, handling (loading/unloading) access ramps or steps, organizing transfers and transits of passengers, crews, flight personnel or luggage from one airport or aircraft to another airport or aircraft, distribution of energy especially on board aircraft