The Smiley Company SPRL v Forrester Research, Inc
[2022] ATMO 223
•19 December 2022
TRADE MARKS ACT 1995
DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Opposition by The SMILEY COMPANY SPRL to an application under section 92 of the Trade Marks Act 1995 (Cth) by Forrester Research, Inc. for partial removal of trade mark number 818498 (3, 4, 5, 9, 14, 16, 18, 20, 21, 24, 26, 28, 35, 38) – SMILEY – in the name of The SMILEY COMPANY SPRL
Delegate:
Nicholas Smith
Representation:
Opponent: Allens Patent & Trade Mark Attorneys
Applicant: Pizzeys Patent and Trade Mark Attorneys Pty Ltd
Decision:
2022 ATMO 223
Trade Marks Act 1995 (Cth) - section 96 opposition: ss 92(4)(a) and (b) application for partial removal - Removal Opponent’s evidence does not show use of the Trade Mark during the relevant period for the goods sought to be removed or obstacle to use – exercise of Registrar’s discretion not appropriate – Trade Mark to be removed from the Register for some of the goods for which it is registered
Background
This decision is pursuant to an application made on 22 April 2021 under ss 92(4)(a) and (b) of the Trade Marks Act 1995 (‘Act’) by Forrester Research, Inc. (‘Applicant’) for partial removal of the trade mark detailed below from the Register of Trade Marks.
Registration No.
818498
Lodgement date
5 May 1999
Goods and Services
See Annexure A
Owner
The SMILEY COMPANY SPRL
Trade Mark
SMILEY
(‘Trade Mark’)
The goods sought to be removed from the above specification are the following class 9 goods for which the Trade Mark is registered (‘Removed Goods’):
data processing equipment, computers, printed circuits, data processing apparatus, integrated circuits
3. The SMILEY COMPANY SPRL (‘Opponent’) has opposed the application to remove the Trade Mark, filing a Notice of Intention to Oppose removal on 29 June 2021 and a Statement of Grounds and Particulars (‘SGP’) on 29 July 2021. The Applicant filed a Notice of Intention to Defend on 29 September 2021.
4. The SGP does not assert that the Opponent has used the Trade Mark in respect of the Removed Goods, rather it states that the Trade Mark has been used in relation to similar goods and goods of the same description, such that the Registrar should exercise her discretion to allow the Trade Mark to remain on the Register notwithstanding the lack of use for the Removed Goods.
The Opponent subsequently filed evidence in support of its opposition to removal (‘EIS’). This material will be discussed in more detail below. The Applicant did not file any evidence in answer nor has it sought to file any submissions in this case.
6. Once the time allowed for filing evidence had ended, the parties were given an opportunity to request a hearing or to file written submissions. On 8 March 2022 the Opponent requested a hearing by submissions and paid the appropriate fee. I was allocated to decide the matter as a delegate of the Registrar of Trade Marks. In line with usual practice, a letter was sent to the parties on 15 July 2022 which contained a schedule for the provision of written summaries of submissions to be filed prior to the hearing. The Opponent filed written submissions on 12 August 2022 (‘Opponent’s Submissions’).
7. I am a delegate of the Registrar and the matter has been allocated to me to decide, which I have done, on the basis of the following relevant material:
·The Application for Removal;
·The Notice of Intention to Oppose and SGP;
·The EIS; and
·The Opponent’s Submissions.
The Relevant Provisions
8. Part 9 of the Act deals with removal of trade marks from the Register on account of non-use. In respect of this matter s 92 of the Act relevantly provides:
92 Application for removal of trade mark from Register etc.
(4)An application under subsection (1) or (3) (non‑use application) may be made on either or both of the following grounds, and on no other grounds:
(a) that, on the day on which the application for the registration of the trade mark was filed, the applicant for registration had no intention in good faith:
(i) to use the trade mark in Australia; or
(ii) to authorise the use of the trade mark in Australia; or
(iii) to assign the trade mark to a body corporate for use by the body corporate in Australia;
in relation to the goods and/or services to which the non-use application relates and that the registered owner:
(iv) has not used the trade mark in Australia; or
(v) has not used the trade mark in good faith in Australia;
in relation to those goods and/or services at any time before the period of one month ending on the day on which the non-use application is filed;
(b)that the trade mark has remained registered for a continuous period of 3 years ending one month before the day on which the non‑use application is filed, and, at no time during that period, the person who was then the registered owner:
(i)used the trade mark in Australia; or
(ii)used the trade mark in good faith in Australia;
in relation to the goods and/or services to which the application relates.
Note 1:For file and month see section 6.
Note 2:If non‑use of a trade mark has been established in a particular place or export market, then instead of the trade mark being removed from the Register, conditions or limitations may be imposed under section 102 on the registration of the trade mark so that its registration does not extend to that place or export market.
9. Under s 92(4)(b) the relevant period during which the Opponent must establish use of the Trade Mark is the three year period ending on 22 March 2021 (‘relevant period’).
10. I note that an application under s 92(4)(b) may not be made before a period of five years has passed from the filing date of the application,[1] and I confirm that five years since filing the application have in fact passed.
[1] Per s 93(2) of the Act prior to the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (sch 1, pt 3) as applies in the present matter. The updated s 93(2) of the Act applies to trade marks filed from 24 February 2019 onwards.
11. The onus of rebutting an allegation of non-use lies with the Opponent. This onus is articulated in s 100 of the Act which provides, relevantly to this matter:
100 Burden on opponent to establish use of trade mark etc.
(1) In any proceedings relating to an opposed application, it is for the opponent to rebut:
(a) any allegation made under paragraph 92(4)(a) that, on the day on which the application for the registration of the trade mark was filed, the applicant for registration had no intention in good faith:
(i) to use the trade mark in Australia; or
(ii) to authorise the use of the trade mark in Australia; or
(iii) to assign the trade mark to a body corporate for use by the body corporate in Australia;in relation to the goods and/or services to which the opposed application relates ( relevant goods and/or services ); or
(b) any allegation made under paragraph 92(4)(a) that the trade mark has not, at any time before the period of one month ending on the day on which the opposed application was filed, been used, or been used in good faith, by its registered owner in relation to the relevant goods and/or services; or
(c) any allegation made under paragraph 92(4)(b) that the trade mark has not, at any time during the period of 3 years ending one month before the day on which the opposed application was filed, been used, or been used in good faith, by its registered owner in relation to the relevant goods and/or services.[…]
(3) For the purposes of paragraph 1(c), the opponent is taken to have rebutted the allegation that the trade mark has not, at any time during the period referred to in that paragraph, been used, or been used in good faith, by its registered owner in relation to the relevant goods and/or services if:
(a) the opponent has established that the trade mark, or the trade mark with additions or alterations not substantially affecting its identity, was used in good faith by its registered owner in relation to those goods or services during that period; or
(b) in a case where the trade mark has been assigned but a record of the assignment has not been entered in the Register:(i) the opponent has established that the trade mark, or the trade mark with additions or alterations not substantially affecting its identity, was used in good faith by the assignee of the trade mark in relation to those goods or services during that period and that that use was in accordance with the terms of the assignment; and
(ii) the Registrar or the court is of the opinion that it is reasonable, having regard to all the circumstances of the case, to treat the use of the trade mark by the assignee during that period as having been a use of the trade mark in relation to those goods or services by the registered owner; or(c) the opponent has established that the trade mark was not used by its registered owner in relation to those goods and/or services during that period because of circumstances (whether affecting traders generally or only the registered owner of the trade mark) that were an obstacle to the use of the trade mark during that period.
12. I proceed on the basis that the standard of proof is the ordinary civil standard being on the balance of probabilities.[2]
[2] Pfizer Products Inc. v Karam [2006] FCA 1663 (Gyles J) and more recently: Telstra Corporation Limited v Phone Directories Company Pty Ltd [2015] FCAFC 156, [133] (Besanko, Jagot and Edelman JJ) in respect of oppositions under s 52 of the Act.
13. In accordance with s 101, I may decide to remove the Trade Mark from the Register for all or some of the goods identified in the application for removal, or if satisfied it is reasonable to do so, decide not to remove the Trade Mark even if the grounds under which the application for removal was made are established.
14. I further note that a single bona fide use of the Trade Mark in the course of trade during the relevant period may be sufficient to rebut the allegation under s 92(4)(b),[3] but if a single act of use is relied upon then it should be established by ‘if not conclusive proof, at any rate overwhelmingly convincing proof’.[4] Use of the Trade Mark by an authorised user (as defined by s 8 of the Act) is taken to be use of the Trade Mark by the Opponent.[5]
[3] Woolly Bull Enterprises Pty Ltd v Reynolds [2001] FCA 261, [17] (Drummond J).
[4] Nodoz Trade Mark (1962) RPC 1, 7 (Wilberforce J).
[5] Act s 7(3).
Discussion
Sections 92(4)(a) and 92(4)(b) provide distinct and alternative grounds for removal. Because of the specifics of these provisions, paragraph (a) is considered to effectively merge with paragraph (b) once a trade mark has been registered for five years.[6] As the Trade Mark had been registered for more than five years as at the date of the application I need only consider the application for removal under s 92(4)(b) in this case. Therefore, to successfully oppose the application the Opponent must establish that it has used the Trade Mark (or a substantially identical trade mark)[7] pursuant to s 100 of the Act (either through use or circumstances that were an obstacle to use in the relevant period).
[6] M Davison Shanahan’s Australian Law of Trade Marks and Passing Off online edition, 2022 Thomson Reuters, [70.510].
[7] s 100(3)(a) of the Act and discussed in AgCare Biotech Pty Ltd v Crop Smart Pty Ltd [2009] ATMO 41, [10]-[21] (Hearing Officer Kirov).
If the Opponent fails to establish such use, I have discretion under s 101(3) to decide that the Trade Mark should not be removed from the Register.
Use of the Trade Mark in the relevant period
The Opponent’s evidence in this matter consists of a declaration by Nicolas Loufrani, a Director of the Opponent and the related entity SmileyWorld Limited.
The EIS does not assert that the Trade Mark has been used for the Removed Goods in Australia in the relevant period but instead gives evidence of broader use of and reputation in the Trade Mark, which are the basis on which the Opponent submits the Registrar should exercise its discretion to allow the Trade Mark to remain on the Register. In particular:
·The Opponent has licensed the Trade Mark and related SMILEY logo to more than 1000 different licensees worldwide for over 50 years in relation to a wide variety of different goods and services and promotional campaigns. The Opponent is one of the largest licensing companies in the world, with licence fees in the hundreds of millions of dollars per annum.
·The Opponent has launched a range of emoticons that have been used on computers and computer-based items. These emoticons have been licensed to corporations such as Nokia and Motorola. Since at least 2017 the Opponent has provided a SMILEY branded app to allow the download of emoticons.
·In the United States the Trade Mark and SMILEY logo have been used in connection with a wide range of computer related class 9 goods such as computer terminals and mouse pads.
In my assessment of the evidence above I note that the number of users in Australia downloading the SMILEY branded app is negligible and the Opponent provides no evidence of the extent of the sales or advertising of the computer related class 9 goods bearing the Trade Mark in the United States.
For completeness, I am not satisfied that the Opponent has used the Trade Mark for the Removed Goods in Australia during the relevant period.
Obstacles to use
21. The Opponent does not formally submit that there have been any matters that amount to an obstacle to the use of the Trade Mark for the Removed Goods in the relevant period, pursuant to s 100(3)(c) of the Act and in the interests of completeness I note that I have been unable to identify any such obstacles. As there is no obstacle to use of the Trade Mark, it is therefore necessary to consider whether I should exercise the discretion to allow the Trade Mark to remain on the Register for any of the Removed Goods.
Registrar’s Discretion
22. As noted in Shanahan’s Australian Law of Trade Marks and Passing Off, the policy of the Act is to facilitate the removal of an unused trade mark, and the public interest of the integrity of the Register will generally demand the removal of an unused trade mark.[8] In PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd, the Full Court of the Federal Court provided the following observations regarding the discretion under s 101(3) of the Act:
[8] M Davison, I Horak Shanahan’s Australian Law of Trade Marks and Passing Off online edition, 2022 Thomson Reuters, [70.2505].
The following propositions are relevant to the exercise of this discretion:
(1) It is broad and is unfettered in the sense that there are no express limits on it. It is to be understood as limited only by the subject-matter, scope and purpose of the legislation and, in particular, by the subject-matter scope and purpose of Part 9 of the Trade Marks Act.
(2) The scope and purpose of the Trade Marks Act strikes a balance between various disparate interests. On the one hand there is the interest of consumers in recognising a trade mark as a badge of origin of goods or services and in avoiding deception or confusion as to that origin. On the other is the interest of traders, both in protecting their goodwill through the creation of a statutory species of property protected by the action against infringement, and in turning the property to valuable account by licensing or assignment. …
(3) The particular purpose of Part 9, within which s 101 falls, is to provide for the removal of unused trade marks from the Register. It is designed to protect the integrity of the Register and in that way the interests of consumers. At the same time, it seeks to accommodate, where reasonable to do so, the interests of registered trade mark owners. Accordingly, the Court must be positively satisfied that it is reasonable that the trade mark should not be removed. The onus in this respect lies on the trade mark owner to persuade the Court that it is reasonable to exercise the discretion in favour of the owner. …
(4) The discretion in s 101(3) is expressed in the present tense. It requires consideration of whether, at the time that the Court is called upon to make its decision, it is reasonable not to remove the mark.
(5) The range of factors considered in the exercise of the discretion has included whether or not:
(a) there has been abandonment of the mark;
(b) the registered proprietor of the mark still has a residual reputation in the mark;
(c) there have been sales by the registered owner of the mark of the goods for which removal was sought since the relevant period ended;
(d) the applicant for removal had entered the market in knowledge of the registered mark;
(e) the registered proprietors were aware of the applicant’s sales under the mark;
(f) A further factor, explicitly noted in s 101(4), but which falls within the scope of the discretion in s 101(3), is whether or not the trade mark under consideration has been used by its registered owner in respect of similar goods or closely related services.[9]
[9] [2021] FCAFC 128, [153] (Jagot, Nicholas and Burley JJ) (emphasis altered) (citations omitted).
23. While considering the discretion in E & J Gallo Winery v Lion Nathan Australia Pty Limited Flick J stated:
Although the ‘guiding principle behind the discretion is public interest, particularly in the integrity of the register’,[10] the private commercial interests of both [parties] remain matters which may be taken into account when exercising the discretion. Trade mark law, it has been recognised, is more complex than is suggested by the proposition that the supreme—or at least—a predominant interest is the maintenance of the integrity of the Register.[11] Speaking of the 1955 Act, Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ there pointed out the balance struck by the legislation between various interests. Both the interests of the consuming public and the interests of traders have to be recognised.[12]
[10] Kowa Co Ltd v Organon [2005] FCA 1282, [92].
[11] Campomar Sociedad Limitada v Nike International Ltd [2000] HCA 12, [40].
[12] E & J Gallo Winery v Lion Nathan Australia Pty Limited [2008] FCA 934, [210].
24. Factors that have been found relevant to the consideration of whether to exercise the discretion include:
·There had been no abandonment of the trade mark;
·The registered proprietor of the mark still had a residual reputation in the mark;
·There had been sales by the registered proprietor of goods for which removal was sought since the relevant period ended;
·The applicant for removal had entered the market without having taken steps to ascertain from the Register whether anyone had a right to exclude their use of the mark;
·The registered proprietor was not aware of the applicant’s sales under the mark.[13]
[13] Pioneer Computers Australia Pty Ltd v Pioneer KK [2009] FCA 135 at [169] citing E & J Gallo Winery v Lion Nathan Australia Pty Ltd [2008] FCA 1005 [202]-[203] (Bennett J).
25. The Opponent submits that the Registrar should exercise her discretion considering the use of the Trade Mark for a wide variety of goods and services over the past 50 years globally and the lack of abandonment of the mark. I note that s 101(4) of the Act does require the Registrar to take account of the use of the Trade Mark on similar/closely related goods/services but this is merely a factor to take into account in the exercise of the discretion.
26. In the present case, there is no evidence that the Opponent has ever used the Trade Mark or intends to use the Trade Mark in the future in Australia for any of the Removed Goods. Nor am I persuaded that the Opponent has any international reputation in the Trade Mark for the Removed Goods. There is a public interest in the integrity of the Register, and I do not consider the public interest in this case is served by allowing a mark to remain registered for a wider variety of goods than used or intended to be used by the Opponent. If I were to remove the Removed Goods, the Opponent would still retain the protection of the Trade Mark for the remaining registered goods and services and (both in respect of any opposition or infringement matters) any similar goods or closely related services. In addition, the Opponent retains the registration of a significant range of trade marks consisting of the word ‘Smiley’ and the SMILEY logo, registered for a wide range of goods and services. As such I do not consider that the private commercial interests of the Opponent would be significantly impacted by the removal of the Trade Mark for the Removed Goods. Nor would there be a significant risk of consumer confusion; the scope of the protection granted to the Opponent would (absent any defenses) prevent the use of deceptively similar marks for the remaining registered goods and services and any similar goods or closely related services; it is not necessary for the protection of the public to retain the registration of the Trade Mark for a wider range of goods than those for which it has actually been used. Given the importance of the integrity of the Register I do not consider it appropriate to exercise my discretion not to remove the Trade Mark in respect of any of the Removed Goods.
Decision
27. The Opponent has not established its opposition to removal. Accordingly, I direct that registration 818498 be amended one month from the date of this decision as set out below to remove the Removed Goods. For clarity, the class 9 goods in the registration will remain as follows:
Class 9: Nautical apparatus and instruments, weighing apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, automatic vending machines and mechanisms for coin-operated apparatus, calculating machines, protection devices for personal use against accidents, reflecting discs for wear, for the prevention of traffic accidents, clothing for protection against accidents, irradiation and fire, electric accumulators, chargers for electric accumulators, acoustic alarms, aerometers, apparatus to check franking, electronic diaries, enlarging apparatus (photography), alarm bells, electric, alcoholometers, food analysis apparatus, cigar lighters for automobiles, altimeters, amplifiers, aerials, anti- dazzle shades, anti-glare glasses, anti-glare visors, anti-interference devices (electricity), sighting telescopes for firearms, apparatus and instruments for astronomy, electric devices for attracting and killing insects, audiovisual teaching apparatus, coin-operated musical automata, automatic distribution machines, electric and electronic theft prevention installations, fire alarms, azimuth instruments, safety tarpaulins, scales, luminous beacons, meteorological balloons, magnetic tapes, video tapes, video cassettes, barometers, weighing machines, hair-curlers, electrically heated, ticket dispensers, terminals (electricity), road signs, luminous or mechanical, marking buoys, life-buoys, signalling buoys, directional compasses, push buttons for bells, levels (instruments for determining the horizontal), frames for photographic transparencies, cash registers, cameras (photography), cinematographic cameras, video cameras, fuels dispensing pumps for service stations, magnetic cards, magnetic identity cards, cartridges for video games, protective helmets, magnetic encoded cards, swimming belts, swimming jackets, apparatus for editing cinematographic film, cinematographic film (exposed), computer keyboards, blinkers (signalling lights), flashing lights (luminous signals), bar code readers, diving suits, control boards (electricity), commutators, audio-video compact discs, optical compact discs, compasses (measuring instruments), thread counters, revolution counters, connectors, contact lenses, heat regulating devices, speed checking-apparatus for vehicles, plugs, sockets, electronic pens (visual display units), shutter releases (photography), electric make-up removing appliances, animated cartoons, detectors, slides, slide projectors, dictating machines, circuit breakers, circuit closers, optical discs, floppy disks, apparatus for games adapted for use with television receivers only, magnetic data media, optical data media, dosage dispensers, dosimeters, fire escapes, screens (photography), projection screens, electric batteries, transmitters (telecommunication), transmitters of electronic signals, time recorders, distance recording apparatus, sound recording apparatus, sound recording carriers, tape recorders, teaching apparatus, luminous signs, mechanical signs, eyeglass cases, containers for contact lenses, extinguishers, electric flat irons, optical fibres (light conducting filaments), safety nets, life nets, exposed films, electric wires, telephone wires, flash-bulbs (photography), fuses, jigs (measuring apparatus), gloves for divers, gas testing instruments, bullet proof waistcoats, loudspeakers, printers for use with computers, indicators (electricity), quantity indicators, temperature indicators, speed indicators, intercommunication apparatus, interfaces (for computers), electric switches, automatic and coin-operated amusement machines, amusement apparatus, adapted for use with television receivers only, peepholes (magnifying lenses) for doors, binoculars, optical lamps, optical lanterns, magic lanterns, readers (data processing equipment), optical character readers, cassette players, compact disc players, contact lenses, computer software (recorded), telescopes, magnifying glasses (optics), optical goods, sunglasses, video recorders, divers' masks, computer memories, meteorological instruments, rules (measuring instruments), microphones, microprocessors, microscopes, time switches, furniture especially made for laboratories, modems, monitors (computer hardware), monitors (computer programs), navigational instruments, objectives (lenses) for optical purposes, computer peripheral devices, lightning arresters, lightning conductors, parking meters, periscopes, letter scales, copying apparatus and machines (photographic, electrostatic, thermic), cameras (photography), stands for photographic apparatus, processors (central processing units), projection apparatus, radar apparatus, life- saving rafts, radios, audio receivers, video receivers, rulers (measuring instruments), electric light regulators (dimmers), telephone apparatus, semi- conductors, lasers, not for medical purposes, vehicle breakdown warning triangles, luminous or mechanical, sirens, sonars, bells (warning devices), mouse (data processing equipment), facsimile machines, telephone transmitters, telephone receivers, telescopes, television apparatus, thermostats, electronic pocket translators
28. If the Registrar is served with a notice of appeal I direct that removal shall not occur until the appeal has either been discontinued or, in the event of a decision from the Court, that the registrations be dealt with as the Court sees fit.
Costs
29. The Applicant has been successful in relation to the application for partial removal of the Trade Mark and has requested its costs. Accordingly I award costs against the Opponent under section 221 of the Act in the relevant amounts under Schedule 8 of the Trade Mark Regulations 1995 (Cth).
Nicholas Smith
Hearing Officer
Delegate of the Registrar of Trade Marks
19 December 2022
Annexure A
Registered Goods
Class 3: Soaps, cosmetics, cosmetic preparations for slimming purposes, rust removing preparations, sun-tanning preparations for cosmetic purposes, fabric softeners for laundry use, cosmetic preparations for use in the bath, shaving soap, cotton sticks for cosmetic purposes, skin whitening creams, laundry bleach, scented wood, shining preparations (polish), hair colorants, hair dyes, hair waving preparations, false eyelashes, shoe wax, shoe polish, shoe cream, depilatory wax, parquet floor wax, polishing wax, leather preservatives (polishes), decorative transfers for cosmetic purposes, cosmetic kits, cosmetics for animals, creams for leather, preparations for cleaning water pipes, scouring solutions, decolorants for cosmetic purposes, degreasers other than for use in manufacturing processes, make-up removing preparations, dentifrices, depilatory preparations, deodorants for personal use, stain removers, scale removing preparations for household purposes, detergents other than for use in manufacturing operations and for medical purposes, toilet water, anti-static preparations for household purposes, emery paper, emery cloth, emery, polish for furniture and flooring, incense, make-up, fumigation preparations (perfumes), windscreen cleaning liquids, essential oils, Javelle water, hair lacquer, bleaching preparations, preparations for perfuming linen, lotions for cosmetic purposes, aftershave lotions, hair lotions, denture polishes, preparations for cleaning dentures, nail care preparations, false nails, cotton wool for cosmetic purposes, polishing paper, glass paper, abrasive paper, wallpaper cleaning preparations, perfumes, cosmetic preparations for skin and hair care, paint stripping preparations, pumice stone, alum stones (antiseptic), adhesive for affixing false hair, shaving preparations, shampoos, toiletries, varnish-removing preparations, mouth washes, not for medical purposes
Class 4: Candles; charcoal (being fuel); Christmas tree candles; coal; coal briquettes; dust removing preparations; firelighters; firewood; fuel; fuel gas; fuel oil; fuel with an alcoholic base; gas for lighting; gas oil; grease for belts; grease for boots; grease for leather; grease for shoes; industrial grease; lamp wicks; lubricants; lubricating oil; methylated spirit; mineral fuel; moistening oil; oil for the preservation of leather; oil for the preservation of masonry; oils for paints; paper spills for lighting; paraffin; peat (fuel); peat briquettes (fuel); petrol; petroleum (raw or refined); soya bean oil preparations for non-stick treatment of cooking utensils; tapers; wax (raw material); wicks for candles; wood briquettes; wood spills for lighting
Class 5: Pharmaceutical and veterinary preparations, hygienic products for medicine and personal hygiene, dietetic substances for medical use, disinfectants for hygiene purposes, herbicides, adhesives for dentures, adhesive bands for medical use, air purifying preparations, air freshening preparations, dietetic food preparations for medical purposes, food for babies, slimming tea for medical purposes, medical preparations for slimming purposes, animal washes, preparations for destroying vermin, mothproofing preparations, antiparasitic collars for animals, sunburn ointments, fly catching paper, fly catching adhesives, bath preparations, medicated, hygienic bandages, menstruation bandages, candy for pharmaceutical purposes, nutritional and vitamin additives for medical use, tobacco-free cigarettes for medical purposes, nutritive complements for medical purposes, compresses, solutions for contact lenses, cotton for medical purposes, pants, absorbent, for incontinents, napkins for incontinents, dental impression materials, porcelain for dental prostheses, teeth filling materials, herbicides, deodorants, other than for personal use, detergents for medical use, medicine cases, portable and filled, thermal water, milking grease, chemical preparations for the diagnosis of pregnancy, sanitary towels, belts for sanitary napkins (towels), medicinal infusions, insecticides, semen for artificial insemmination, menstruation tampons, menstruation pads, alloys of precious metals for dental purposes, contact lens cleaning preparations, smelling salts, preparations of trace elements for human and animal use, medical dressings, surgical dressings, pharmaceutical preparations for skin care, pesticides, panty liners for sanitary purposes, alimentary mineral supplements for medical purposes, vitamin preparations
Class 9: Nautical apparatus and instruments, weighing apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, automatic vending machines and mechanisms for coin-operated apparatus, calculating machines, data processing equipment, computers, protection devices for personal use against accidents, reflecting discs for wear, for the prevention of traffic accidents, clothing for protection against accidents, irradiation and fire, electric accumulators, chargers for electric accumulators, acoustic alarms, aerometers, apparatus to check franking, electronic diaries, enlarging apparatus (photography), alarm bells, electric, alcoholometers, food analysis apparatus, cigar lighters for automobiles, altimeters, amplifiers, aerials, anti- dazzle shades, anti-glare glasses, anti-glare visors, anti-interference devices (electricity), sighting telescopes for firearms, apparatus and instruments for astronomy, electric devices for attracting and killing insects, audiovisual teaching apparatus, coin-operated musical automata, automatic distribution machines, electric and electronic theft prevention installations, fire alarms, azimuth instruments, safety tarpaulins, scales, luminous beacons, meteorological balloons, magnetic tapes, video tapes, video cassettes, barometers, weighing machines, hair-curlers, electrically heated, ticket dispensers, terminals (electricity), road signs, luminous or mechanical, marking buoys, life-buoys, signalling buoys, directional compasses, push buttons for bells, levels (instruments for determining the horizontal), frames for photographic transparencies, cash registers, cameras (photography), cinematographic cameras, video cameras, fuels dispensing pumps for service stations, magnetic cards, magnetic identity cards, cartridges for video games, protective helmets, magnetic encoded cards, swimming belts, swimming jackets, apparatus for editing cinematographic film, cinematographic film (exposed), printed circuits, integrated circuits, computer keyboards, blinkers (signalling lights), flashing lights (luminous signals), bar code readers, diving suits, control boards (electricity), commutators, audio-video compact discs, optical compact discs, compasses (measuring instruments), thread counters, revolution counters, connectors, contact lenses, heat regulating devices, speed checking-apparatus for vehicles, plugs, sockets, electronic pens (visual display units), shutter releases (photography), electric make-up removing appliances, animated cartoons, detectors, slides, slide projectors, dictating machines, circuit breakers, circuit closers, optical discs, floppy disks, apparatus for games adapted for use with television receivers only, magnetic data media, optical data media, dosage dispensers, dosimeters, fire escapes, screens (photography), projection screens, electric batteries, transmitters (telecommunication), transmitters of electronic signals, time recorders, distance recording apparatus, sound recording apparatus, sound recording carriers, tape recorders, teaching apparatus, luminous signs, mechanical signs, eyeglass cases, containers for contact lenses, extinguishers, electric flat irons, optical fibres (light conducting filaments), safety nets, life nets, exposed films, electric wires, telephone wires, flash-bulbs (photography), fuses, jigs (measuring apparatus), gloves for divers, gas testing instruments, bullet proof waistcoats, loudspeakers, printers for use with computers, indicators (electricity), quantity indicators, temperature indicators, speed indicators, data processing apparatus, intercommunication apparatus, interfaces (for computers), electric switches, automatic and coin-operated amusement machines, amusement apparatus, adapted for use with television receivers only, peepholes (magnifying lenses) for doors, binoculars, optical lamps, optical lanterns, magic lanterns, readers (data processing equipment), optical character readers, cassette players, compact disc players, contact lenses, computer software (recorded), telescopes, magnifying glasses (optics), optical goods, sunglasses, video recorders, divers' masks, computer memories, meteorological instruments, rules (measuring instruments), microphones, microprocessors, microscopes, time switches, furniture especially made for laboratories, modems, monitors (computer hardware), monitors (computer programs), navigational instruments, objectives (lenses) for optical purposes, computer peripheral devices, lightning arresters, lightning conductors, parking meters, periscopes, letter scales, copying apparatus and machines (photographic, electrostatic, thermic), cameras (photography), stands for photographic apparatus, processors (central processing units), projection apparatus, radar apparatus, life- saving rafts, radios, audio receivers, video receivers, rulers (measuring instruments), electric light regulators (dimmers), telephone apparatus, semi- conductors, lasers, not for medical purposes, vehicle breakdown warning triangles, luminous or mechanical, sirens, sonars, bells (warning devices), mouse (data processing equipment), facsimile machines, telephone transmitters, telephone receivers, telescopes, television apparatus, thermostats, electronic pocket translators
Class 14: Precious metals and their alloys other than for dental use, jewellery, precious stones, clocks and chronometrical instruments, silver plate (plates, dishes), works of art of precious metal, boxes and cases of precious metal, earrings, buckles of precious metal, candlesticks of precious metal, bracelets, cuff links, brooches, sundials, ashtrays, of precious metal, for smokers, chains (jewellery), hat ornaments of precious metal, chronographs (watches), chronometers, key rings (trinkets), necklaces, tie clips, tie pins, household and kitchen containers of precious metal, pins (jewellery), clockworks, badges of precious metal, medals, purses of precious metal, watches, watch bands, wrist watches, gold and silver ware, other than cutlery, forks and spoons, ornaments (jewellery), towel holders of precious metal, alarm clocks, services (tableware) of precious metal, urns of precious metal, sacred vessels of precious metal
Class 16: Adhesive tapes for stationery or household purposes, playing cards, posters, staples for offices, albums, almanacs, indoor aquaria, scrapbooks, writing slates, engraved works of art, engravings, lithographic works of art, atlases, stickers (stationery), bibs of paper, loose-leaf binders, mats for beer glasses, tickets, pads (stationery), boxes of cardboard or paper, pamphlets, paintbrushes, blotters, seals, stamps, paper coffee filters, calendars, tracing patterns, note books, cards, cardboard articles, catalogues, tags for index cards, files (office requisites), glue for stationery or household purposes, confetti, letter trays, babies' napkin-pants (pants) of paper and cellulose (disposable), covers (stationery), writing chalk, transfers, decalcomanias, napkins of paper for removing make-up, tissues of paper for removing make-up, drawing instruments, graphic prints, adhesive tape dispensers (office requisites), jackets for papers, folders (stationery), flags of paper, typewriters, inkstands, writing materials, rubber erasers, erasing products, elastic bands for offices, wrapping paper, inks, inkwells, pencils, signboards of paper or cardboard, envelopes (stationery), towels of paper, labels, not of textile, announcement cards (stationery), paper sheets (stationery), plastic bubble packs for wrapping or packaging, index cards (stationery), forms (printed), school supplies (stationery), terrestrial globes, graphic representations, toilet paper, hygienic paper, pictures, printed matter, newspapers, writing paper, table linen of paper, lithographs, books, bookmarkers, booklets, manuals, handbooks, bags for microwave cooking, embroidery designs (patterns), handkerchiefs of paper, stationery, paper, paperweights, modelling paste, house painters' rollers, paintings (pictures) framed or unframed, plastic film for wrapping, office perforators, photographs, paintbrushes, prints (engravings), drawing boards, blueprints, plans, pen cases, writing cases (sets), penholders, pencil holders, portraits, postcards, prospectuses, printed publications, magazines (periodicals), thumbtacks, drawing pins,ledgers (books), drawing rulers, bookbindings, indexes, graphic reproductions, blinds of paper, table mats of paper, bags (envelopes, pouches) of paper or plastic, for packaging, bookends, writing pads, fountain pens, pencil sharpeners, inking pads, postage stamps, transparencies (stationery)
Class 18: Trunks and travelling bags, umbrellas, parasols and walkingsticks, whips and saddlery, collars and leads for animals, boxes of leather or leather board, purses, walking-stick seats, school bags, card cases, school satchels, hat boxes of leather, notecases, key cases of leather, vanity cases (not fitted), briefcases, net bags for shopping, covers for animals, attache cases, suitcases, pocket wallets, sling bags for carrying infants, backpacks, rucksacks, handbags, beach bags, bags (envelopes, pouches) of leather, for packaging, garment bags for travel, travelling sets (leatherware)
Class 20: Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics; air cushions, not for medical purposes; air mattresses, not for medical purposes; air pillows, not for medical purposes; armchairs; artificial honeycombs; bakers' bread baskets; bamboo; bamboo curtains; barrels not of metal; baskets, not of metal; bead curtains for decoration; beds; beds for household pets; benches (being furniture); bins of wood or plastic; bins, not of metal; bolsters; bottle caps, not of metal; bottle casings of wood; bottle closures, not of metal; bottle racks; boxes of wood or plastic; bungs, not of metal; busts of wood; wax, plaster or plastic; cabinet work; carts for computers (being furniture); cases of wood or plastic; cask stands, not of metal; casks of wood for decanting wine; casks, not of metal; chairs (being seats ); chests for toys; chests of drawers; chests, not of metal; chopping block; clothes hooks, not of metal; coat hangers; coat hooks, not of metal; coat stands; coffin fittings, not of metal; coffins; containers, not of metal (for storage and transport); coral; corks; corks for bottles; costume stands; cots; counters (tables); cradles; crates; cupboards; curtain hooks; curtain rails; curtain rings; curtain rods; curtain rollers; curtain tie-backs; cushions; deck chairs; decorations of plastic for foodstuffs; desks; dinner wagons (furniture); display boards; display stands; divans; dog kennels; doors for furniture; draughtsman's tables; dressing tables; dressmakers' dummies; drinking straws; duckboards, not of metal; easy chairs; edgings of plastic for furniture; fans for personal use (non-electric); figurines (statuettes) of wood, wax, plaster or plastic; filing cabinets; fire screens (domestic); fireguards; fishing baskets; floating containers, not of metal; flower-pot pedestals; fodder racks; footstools; furniture; furniture casters, not of metal; furniture fittings, not of metal; mmiture of metal; furniture partitions of wood; furniture shelves; hairdressers' chairs; hampers (baskets), handling pallets, not of metal; hat stands; head-rests (furniture); high chairs for babies; hinges, not of metal; honeycombs; hooks, not of metal, for clothes rails; house numbers, not of metal, non- luminous; identification bracelets, not of metal, for hospitals; identity plates, not of metal; infant walkers; inflatable publicity objects; jewellery cases (caskets), not of precious metal; kennels for household pets; keyboards for hanging keys; letter boxes, not of metal or masonry; lockers; magazine racks; mannequins; mats; removable, for sinks; mattresses; mirror tiles; mirrors; mobiles (decoration); mouldings for picture frames; nameplates, not of metal; nesting boxes; nesting boxes for household pets; office furniture; oyster shells; packaging containers of plastic; pillows; placards of wood or plastics; plate racks; playpens for babies; plugs, not of metal; reels of wood for yam, silk, cord; reels, not of metal, non-mechanical, for flexible hoses; school furniture; scratching posts for cats; settees; shells; shelves for storage; sideboards; signboards of wood of plastics; slatted indoor blinds; sleeping bags for camping; sofas; spring mattresses; statues and statuettes of wood, wax, plaster or plastic; stools; stoppers for bottles, not of glass, metal or rubber; straw edgings; straw mattresses; straw plaits; straws for drinking; table tops; tables; tailors' dummies; tea carts; tea trolleys; tortoiseshell; tortoiseshell imitation; towel dispensers; fixed, not of metal; typing desks; umbrella stands; vice benches, not of metal; water beds, not for medical purposes; wax figures; wind chimes; work benches; works of art, of wood, wax, plaster or plastic; writing desks
Class 21: Household or kitchen utensils and containers (not of precious metal or coated therewith); glassware, porcelain and earthenware not included in other classes; abrasive pads for kitchen purposes; baby baths (portable); basins (bowls); baskets, for domestic use, not of precious metal; basting spoons, for kitchen use; beaters, non- electric; beer mugs; birdcages; bottle gourds; bottle openers; bottles; bread baskets (domestic); bread bins; bread boards; brooms; brush goods; brushes in this class; brushes for footwear; buckets; busts of china; terra- cotta or glass; butter dishes; butter-dish covers; cages for household pets; cake moulds; candelabras (candlesticks), not of precious metal; candle extinguishers, not of precious metal; ceramics for household purposes; chamois leather for cleaning; cheese- dish covers; china ornaments; chopsticks; closures for pot lids; cloth for washing floors; clothes racks (for drying); clothing stretchers; cloths for cleaning; coasters, not of paper and other than table linen; cocktail stirrers; coffee filters, non-electric; coffee grinders, hand operated; coffee percolators, non- electric; coffeepots, non-electric, not of precious metal; coldboxes (portable), non electric; comb cases; combs; combs for animals; cookery moulds; cookie (biscuit) cutters; cookie jars; cooking pot sets; cooking pots; cooking utensils,non-electric; corkscrews; cosmetic utensils; crockery; crumb trays; crystal (glassware); cups of paper or plastic; cups, not of precious metal; cutting boards for the kitchen; decanters; deep fryers, non-electric; deodorising apparatus for personal use; dish covers; dishes for soap; dishes, not of precious metal; dishwashing brushes; domestic grinders, non- electric; door-handles of porcelain; drinking flasks for travellers; drinking glasses; drinking troughs; drinking vessels; drying racks for washing; dustbins; dusting apparatus, non-electric; dusting cloths (rags); egg cups, not of precious metal; egg timers (sandglasses); enamelled glass; eyebrow brushes; feather- dusters; fiberglass other than for insulation or textile use; figurines (statuettes) of porcelain, terra-cotta or glass; flasks, not of precious metal; flat-iron stands; floss for dental purposes; flower pots; flower-pot covers, not of paper; fly catchers (traps or whisks); fly swatters; food cooling devices; containing heat exchange fluids, for household purposes; fruit cups; fruit presses, non-electric, for household purposes; frying pans; funnels; furniture dusters; garbage cans; gardening gloves; glass bowls; glass flasks (containers); glass stoppers; glove stretchers; gloves for household purposes; glue pots; goblets, not of precious metal; graters (household utensils); hair for brushes; heat- insulated containers; heaters for feeding bottles, non- electric; horse brushes; ice buckets; ice cube molds (moulds); indoor terrariums; insect traps; insulating flasks; ironing board covers; ironing boards; isothermic bags; jugs, not of precious metal; kettles, non-electric; kitchen mixers, non-electric; knobs of porcelain; lazy susans; liqueurs sets; litter boxes (trays) for pets; lunch boxes; menu card holders; mills for domestic purposes, hand-operated; mixers, manual (cocktail shakers); mixing machines, non-electric, for household purposes; mops; mosaics of glass, not for building; mouse traps; mugs, not of precious metal; nail brushes; napkin holders, not of precious metal; napkin rings, not of precious metal; opal glass; opaline glass; pads for cleaning; paper plates; pastry cutters; pepper mills, hand-operated; perfume burners; perfume sprayers; perfume vaporizers; pie servers; piggy banks, not of metal; pitchers, not of precious metal; polishing gloves; pot lids; pots in this class; pots, not of precious metal; pottery; powder compacts, not of precious metal; powder puffs; powdered glass for decoration; refrigerating bottles; refuse bins; rolling pins (domestic); salad bowls, not of precious metal; salt shakers, not of precious metal; saucepan scourers of metal; saucers, not of precious metal; scoops (tableware); .scouring pads; scrubbing brushes; shakers; shaving brush stands; shaving brushes; shoe brushes; shoe horns; sieves (household utensils); sifters (household utensils); signboards of porcelain or glass; smoke absorbers for household purposes; soap boxes; soap dispensers; soap holders; soup bowls, not of precious metal; spatulas (kitchen utensils); spice sets; sponge holders; sponges for household purposes; sprinklers; stands for shaving brushes; statues of porcelain; terra-cotta or glass; statuettes of porcelain; terra- cotta or glass; steel wool for cleaning; strainers for household purposes; sugar bowls, not of precious metal; tableware (other than knives, forks and spoons) not of precious metal; tea infusers, not of precious metal; tea strainers, not of precious metal; teapots, not of precious metal; thermally insulated containers for food; tie presses; toilet brushes; toilet cases; toilet paper holders; toilet sponges; toilet utensils; toothbrushes (electric); toothpick holders, not of precious metal; toothpicks; trays for domestic purposes, not of precious metal; trouser presses; urns, not of precious metal; vacuum bottles; vases, not of precious metal; vegetable dishes; vessels of material for making ices and iced drinks; waffle irons, non-electric; washing boards; washtubs; water apparatus for cleaning teeth and gums; watering cans; watering devices; wax-polishing appliances, non- electric, for shoes; works of art, of porcelain, terra- cotta or glass
Class 24: Lingerie fabric, upholstery fabrics, bath linen (except clothing), canvas for tapestry or embroidery, oilcloth to be used as tablecloths, tissues, of textile, for removing make-up, flags, not of paper, labels (cloth), bed linen, household linen, table linen (textile), table napkins of textile, covers (loose) for furniture, mosquito nets, wallhangings of textile, curtains of textile or plastic, table mats, not of paper, blinds of textile
Class 26: Artificial flowers; artificial garlands; badges for wear, not of precious metal; hair bands; barrettes; belt clasps; blouses fasteners; bows for the hair; boxes, not of precious metal, for needles; braids; brassards; brooches; buckles; buttons; collar supports; competitor's numbers; cords for clothing; heat adhesive patches for decoration of textile articles; elastic ribbons; embroidery; thread of metal for embroidery; eyelets for clothing; fancy goods; fastenings for clothing; fastenings for suspenders; festoons; frills for clothing; fringes; haberdashery; except thread; hair colouring caps; hair curlers (other than hand implements), non- electric; hair curling pins; hair grips; hair nets; hair ornaments; hair pins; hat ornaments (not of precious metal); heat adhesive patches for repairing textile articles; hook and pile fastening tapes; lace for edgings; letters for marking linen; mica spangles; monogram tabs for marking linen; needle cases, not of precious metal; needle cushions; needles; ornamental novelty badges; pasmenterie; pin cushions; pins (other than jewellery); plaited hair; prize ribbons; reins for guiding children; ribbons; rosettes; sewing boxes; sewing needles; sewing thimbles; shoe buckles; shoe laces; shoe ornaments (not of precious metal); silver embroidery; skirt flounces; slide fasteners (zippers); slide locks for bags; slides; snap fasteners; spangles for clothing; tassels; tea cosies; tinsels; top-knots (pompoms); toupees; tresses of hair; wigs; woollen laces; zip fasteners, zippers
Class 28: Games, playthings, gymnastic and sporting articles, toys, ornaments for Christmas trees (except illumination articles and confectionery), toys for domestic pets, practical jokes (novelties), toy masks, kites, machines for physical exercises, novelties in this class for parties and dances, fish hooks, fishing tackle, swimming pools (sports or play articles, protective paddings (parts of sports suits), parlor games
Class 35: Advertising, business management, business administration, office functions, arranging newspaper subscriptions, business management and organization consultancy, outdoor advertising, import-export agencies, commercial information agencies, publicity agencies, dissemination of advertising matter, office machines and equipment rental, employment agencies, accounting, personnel management consultancy, publicity columns preparation, shop window dressing, demonstration of goods, direct mail advertising, document reproduction, auctioneering, marketing studies, efficiency experts, organization of exhibitions for commercial or advertising purposes, computerized file management, organization of trade fairs for commercial or advertising purposes, rental of advertising space, publicity material rental, modelling for advertising or sales promotion, marketing research, opinion polling, personnel recruitment, economic forecasting, sales promotion (for others), publication of publicity texts, public relations, relocation services for businesses, secretarial services, statistical information, business inquiries, business investigations
Class 38: Telecommunications, news agencies, paging services (radio, telephone or other electronic communication means), communication by computer terminals, communication by telephone, rental of telecommunication devices, electronic mail, television broadcasting, radio broadcasting, cellular telephone communication, information about telecommunication
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