Tobzac Investments Pty Ltd

[2019] ATMO 1

TRADEMARKS ACT 1995

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

ReTrade Mark application number 1849053 (20) – WEAVE (Composite) – in the name of Tobzac Investments Pty Ltd

DELEGATE:  Nicholas Smith
REPRESENTATION:                 Applicant: Written submissions by Macpherson Kelley

DECISION:  2019 ATMO 1

Request to be heard under section 33(4) of the Trade Marks Act 1995 in relation to grounds for rejection under section 41 and 44 of the Act – section 44 ground considered and established – trade marks deceptively similar– Application rejected

Background

1. On 1 June 2017, Tobzac Investments Pty Ltd (‘Applicant’) applied to register the trade mark detailed below under the Trade Marks Act 1995 (‘Act’).

   Application Number:         1849053

Filing Date:  1 June 2017

Goods:Class 20: Furniture; chairs (seats); drapery hardware; curtain tracks; tie back hooks; fittings for curtains; tables; table and chair sets; armrests; armchairs; stools; foot stools; couches; lounge suites; divans; beds and bed bases, sofas; futons

Trade Mark:                (‘Trade Mark’)

1. The Trade Mark was initially sought to be registered for a wider range of goods and services in classes 20, 23, 24 and 27 however pursuant to a divisional application filed 26 September 2018 a number of goods in classes 20, and all goods in classes 23, 24 and 27 were removed from the specification.  The initial and subsequent refusal of the

Trade Mark summarised in the paragraphs following occurred prior to the divisional application and hence is in respect of the initial, broader, specification.

1. The Trade Mark was duly examined under s 31 of the Act and grounds for rejection were identified by the examiner under ss 41 and 44 of the Act. The examiner stated (paraphrased) that the Trade Mark has as its main feature the word WEAVE which indicates that the specified goods have been woven, have a weave pattern or are to be used to weave goods. Other traders should be able to use the word WEAVE or something very similar in connection with similar goods or services. The examiner additionally noted that the prior trade mark set out in Annex 1 (the ‘Weave Mark’) closely resembled the Trade Mark and was registered for goods of the same description.

1. The Applicant subsequently provided submissions in response (‘Applicant’s Submissions’). The Examiner was not convinced by the Applicant’s Submissions and issued a second examination report setting out detailed reasons for maintaining the grounds for rejection under ss 41 and 44. The Applicant then requested that the Registrar review the matter and issue a decision based on the material on the file.

1. The matter was allocated to me, a delegate of the Registrar of Trade Marks, for determination. I mention that the purpose here is not a review of the examiner’s decision but rather a fresh consideration of the ground for rejection. Further I note that in circumstances where the s 44 ground for rejection has been established, it has not been necessary to consider the s 41 ground.

Legislative framework

Section 44

1. The relevant provisions of the Act with respect to the ground of opposition pursuant to s 44 are reproduced below:

   Section 44 - Identical etc. trade marks

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

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

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

(ii)           a trade mark whose registration in respect of similar goods or closely related services is being sought by another person; and

(b)the priority date for the registration of the applicant's trade mark in respect of the applicant's goods is not earlier than the priority date for the registration of the other trade mark in respect of the similar goods or closely related services.

Note 1: For deceptively similar see section 10. Note 2: For similar goods see subsection 14(1).

(2) …

(3)If the Registrar in either case is satisfied:

(a)that there has been honest concurrent use of the 2 trade marks; or

(b)that, because of other circumstances, it is proper to do so;

the Registrar may accept the application for the registration of the applicant's trade mark subject to any conditions or limitations that the Registrar thinks fit to impose. If the applicant's trade mark has been used only in a particular area, the limitations may include that the use of the trade mark is to be restricted to that particular area.

Note: For limitations see section 6.

(4)If the Registrar in either case is satisfied that the applicant, or the applicant and the predecessor in title of the applicant, have continuously used the applicant's trade mark for a period:

(a)beginning before the priority date for the registration of the other trade mark in respect of:

(i)the similar goods or closely related services; or

(ii)the similar services or closely related goods; and

(b)    ending on the priority date for the registration of the applicant's trade mark; the Registrar may not reject the application because of the existence of the other trade mark.

Note 1: An authorised use of the trade mark by a person is taken to be a use of the trade mark by the owner of the trade mark (see subsection 7(3)).

Note 2: For predecessor in title see section 6. Note 3: For priority date see section 12.

Section 10 - Definition of deceptively similar

For the purposes of this Act, a trade mark is taken to be deceptively similar to another trade mark if it so nearly resembles that other trade mark that it is likely to deceive or cause confusion.

1. In order for s 44 of the Act to apply the requirements of s 44(1) must be satisfied i.e. that the Weave Mark, being the mark identified by the Examiner:

   ·     has a priority date which is earlier than that of the Trade Mark (‘the first requirement’);

   ·     is substantially identical with or deceptively similar to the Trade Mark (‘the second requirement’); and

·     is in respect of similar goods, or services which are closely related to, the Applicant’s Goods (‘the third requirement’).

1. In the event that each of these requirements are satisfied it may be possible for the Registrar to accept the application (or allow it to proceed to registration) if the Registrar is satisfied, pursuant to ss 44(3) and 44(4) of the Act, that there has been honest concurrent use of the Trade Mark, other circumstances exist which would make registration of the Trade Mark proper, or that the Applicant has continuously used the Trade Mark beginning before the priority date of the Opponent’s relied upon mark. In the present case, as the Applicant has supplied no evidence of honest concurrent use, earlier use or other circumstances, it has not been necessary to consider these provisions.

1. The Weave Mark has a priority date that is earlier than the priority date of the Trade Mark. It is registered for goods including ‘Furniture made of wood’ and ‘Wooden furniture’, which is similar to the Applicant’s Goods which consist of ‘Furniture’ and various types of furniture, some of which (Chairs, stools, foot stools, beds and bed bases) are commonly made of wood. The first and third requirements are satisfied.

Substantially identical or deceptively similar

1. I will now consider whether the Trade Mark is substantially identical to the Weave Mark. When considering ‘substantial identity’ in Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd Windeyer J said:

   In considering whether marks are substantially identical they should, I think, be compared side by side, their similarities and differences noted and the importance of these assessed having regard to the essential features of the registered mark and the total impression of resemblance or dissimilarity that

   emerges from the comparison.1

2. The Trade Mark and the Word Mark are set out below:

1 (1963) 109 CLR 407, [12].

1. On a side by side comparison there is a clear difference between the respective trade marks, including the addition of the ‘W’ woven pattern in the Weave Mark. The differences between the respective trade marks are sufficient for me to conclude that the respective trade marks are not substantially identical. I move then to consider whether the Trade Mark and Weave Mark are deceptively similar.

1. The principal authority for guidance in determining whether trade marks are deceptively similar also comes from the judgment of Windeyer J in Shell Co (Aust) Ltd v Esso Standard Oil (Aust) Ltd:

   On the question of deceptive similarity, a different comparison must be made from that which is necessary when substantial identity is in question. The marks are not now to be looked at side by side. The issue is not abstract similarity, but deceptive similarity.

   Therefore the comparison is the familiar one of trade mark law. It is between, on the one hand, the impression based on recollection of the plaintiff’s mark that persons of ordinary intelligence and memory would have; and, on the other hand, the impressions that such persons would get from the defendant’s [trade mark].2

1. Jacobson J in Millennium & Copthorne International Limited v Kingsgate  Hotel Group Pty Ltd summarised the principles of deceptive similarity with reference to the authorities as follows:

   Without seeking to reformulate the various statements of principle stated in the Full Court authorities, it is sufficient for present purposes to identify the critical elements which seem to me to inform the issue of deceptive similarity in the present case. There are nine elements.

   First, the judgment of likelihood of deception is a practical one. It requires an assessment of the effect of the challenged mark on the minds of potential customers: Woolworths3 at [49]; Australian Woollen Mills4 at 658.

2 Ibid [13].

3 Registrar of Trade Marks v Woolworths Ltd [1999] FCAFC 1020.

4 Australian Woollen Mills Ltd v FS Walton & Co Ltd [1937] HCA 51; (1937) 58 CLR 641.

Second, the question of deceptive similarity is not to be decided by a side-by-side comparison. It is to be determined by a comparison of the impression based on recollection of the opponent’s mark that persons of ordinary intelligence and memory would have, and the impression that those persons would get from the opposed trade mark: Crazy Ron’s5 at [73]; Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66; (1963) 109 CLR 407 at 415 per Windeyer J.

Third, allowance must be made for imperfect recollection: Crazy Ron’s at [74]. Fourth, the effect of the spoken description must be considered: Woolworths at [49];

Crazy Ron’s at [75]; Australian Woollen Mills at 658.

Fifth, it is necessary to show a real tangible danger of deception or confusion: Woolworths at [43] and [50]; Crazy Ron’s at [76]; Southern Cross Refrigerating6 at 594 – 595.

Sixth, a trade mark is likely to ‘cause confusion’ if the result of its use will be that a number of persons are ‘caused to wonder’ whether the two products come from the same source: Woolworths at [50]; Southern Cross Refrigerating Co at 595. This test sets a lower threshold than that which is required to establish that conduct is likely to mislead or deceive under s 18 of Schedule 2 of the Competition and Consumer Act 2010 (Cth): see McWilliam's Wines Pty Ltd v McDonald's System of Australia Pty Ltd [1980] FCA 159; (1980) 33 ALR 394 at 398 per Smithers J.

Seventh, all surrounding circumstances must be taken into consideration. The circumstances include those in which the marks will be used, and in which the goods or services will be bought and sold, as well as the character of the probable acquirers of the goods and services: Woolworths at [50]; Crazy Ron’s at [86] – [89]; Southern Cross Refrigerating at 595.

Eighth, the question of whether there is a likelihood of confusion is not to be answered by reference to the manner in which a party has used the mark, but by reference to what an applicant can do. That is to say, the use to which it can properly put the mark if registration is obtained: Woolworths at [50]; Berlei Hestia Industries Ltd v The Bali Company Inc [1973] HCA 43; (1973) 129 CLR 353 at 362 per Mason J.

Ninth, if a registered trade mark includes words which can be regarded as an ‘essential feature’ of the mark, another mark that incorporates those words may cause a tangible danger of deception or confusion by reason of consumers retaining an imperfect recollection of those words: Crazy Ron’s at [79]. However, care must be taken to not too readily characterise words in a composite trade mark as an ‘essential feature’ because to do so may effectively convert a composite mark into something different: Crazy Ron’s at [100].7

1. Each of the marks consist of the word ‘weave’ along with a woven pattern that operates to reinforce the word weave. The marks are aurally similar (indeed for a proportion of consumers who would not identify the ‘W’ pattern as the letter ‘W’, the marks would be aurally identical, both spoken as ‘weave’) and conceptually identical.

5 Crazy Ron’s Communications Pty Ltd v Mobileworld Pty Ltd [2004] FCAFC 196; (2004) 209 ALR 1.

6 Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592.

7 [2012] FCA 1022, [38]-[46].

While visually the marks differ due to the differing weave patterns and in particular the presence of the “W” woven pattern on the Weave Mark, I consider that is a likelihood that a person of imperfect recollection is likely to focus on the ‘weave’ element of the respective marks.

1. Noting that the question of deceptive similarity is not to be decided by a side-by-side comparison, when viewing a piece of furniture that displays the Trade Mark, I consider that there is a real tangible danger that the individual would focus on the word ‘weave’. As a result they would be ‘caused to wonder’ whether the Applicant’s furniture products come from the same source as products displaying the Weave Mark. In the absence of any evidence that could satisfy the requirements under ss 44(3) or 44(4) I am satisfied that that a ground for rejection of the Trade Mark exists under section 44 of the Act.

Decision

1. Section 33 of the Act relevantly provides:

33  Application accepted or rejected

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

(a)    the application has not been made in accordance with this Act; or

(b)    there are grounds under this Act for rejecting it.

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

(3)If the Registrar is satisfied that:

(a)    the application has not been made in accordance with this Act; or

(b)    there are grounds under this Act for rejecting it; the Registrar must reject the application.

1. As I am satisfied that there is a ground for rejection under s 44(2) of the Act in relation to the Trade Mark and that the provisions of ss 44(3) or 44(4) cannot be applied I reject the application to register the Trade Mark.

Nicholas Smith Hearing Officer

Oppositions and Hearings 11 January 2019

Annex 1

Number	Trade Mark	Priority Date	Goods
1672949	12  Feb 2015	Class 6: Articles of metal for use in the garden; Garden stakes of metal; Metal garden stakes; Stakes of metal for plants or trees; Articles of metal for stacking baskets; Baskets of metal; Hanging baskets (flower) of metal; Manure baskets (metal); Window baskets of metal; Wire baskets; Pots hooks of metal; Fence panels of metal; Fence posts of metal; Fences of metal; Fittings of metal for fences; Metal connectors for fastening together parts of dences; Metallic fences; Railings of metal in the nature of fences; Tensioning pieces of metal for tensioning wire fences; Wire fences; Garden bed frames of metal; Handles of metal for garden implements; Handles of metal for garden tools; Metal garden rooms in the nature of conservatories; Arches of metallic materials for supporting plants; Archways of metallic materials for supporting plants; Low tunnels (metal or metal framed) for the protection of plants; Metal planters being plant containers; Plant espaliers of metal; Plant pot holders of metal; Plant screens (trellis) of metal; Planters of metal; Securing wire for plants; Tubs made of metal for containing plants Class 19: Fence panels of non-metallic materials; Fence posts of non-metallic materials; Fences, not of metal; Plastic fences; Prefabricated wooden fences; Welded plasticized fences; Concrete fences; Fences made of laminated glass; Non-metallic fences; Non-metallic posts for electric fences; Non-metallic tree guards (fences); Articles of artificial wood for building purposes; Articles of artificial wood for carpentry; Articles of artificial wood for joinery; Articles of simulated wood for building purposes; Articles of simulated wood for carpentry; Articles of

simulated wood for joinery; Articles of wood for building purposes; Articles of wood for carpentry; Articles of wood for joinery; Artificial wood; Balsa wood  for use in building and construction; Beams made of wood; Boards made of wood particles; Boards of wood; Boards of wood fibre; Building boards made from wood and waterproof resins; Building components of imitation wood; Building components of wood; Building elements made of wooden materials; Carved wood articles for the interior decoration of buildings; Cask wood; Cladding sheets being finished articles of wood; Cladding sheets of wood; Closed hollow bodies of wood; Conservatories made of wood; Doors made of wood for buildings; Facing elements made of wood based materials for ceilings; Facing elements made of wood based materials for floors; Facing elements made of wood for ceilings; Facing elements made of wood for floors; Fibre boards of wood fibre bonded with  resin and particle boards; Filler for wood; Fire surrounds (mantles and mantelpieces) of wood; Floor coverings of wood; Flooring made of wood; Folding walls of wood; Furrings of wood; Garden sheds of wood; Hobby wood; Imitation wood for use in buildings; Insulating boards for building purposes made from wood pulp; Laminated wood; Manufactured fibreboard panels of pressed wood fibre and resins; Moldable wood; Mouldable wood; Mouldable wood compositions; Moulded wood; Mounts of wood for roof windows; Mounts of wood for skylight windows; Movable partitions of wood (other than furniture); Non-metallic building materials made of balsa wood; Non-metallic surfacing materials in the nature of wood fibre; Non-metallic surfacing materials in the nature of wooden chips; Panels made of wood coated with plastics for use in building; Panels made of wood veneered with plastics for use in building; Panels made of wooden materials (semi-finished);

Panels made of wooden materials for use in construction; Partitions of wood (other than furniture); Planar panels made of fibre-reinforced wood; Planar panels made of wood; Prefabricated wooden carports; Prepared wood; Racks (structures) made principally of wood for storage purposes; Ready made door frames made of wood; Ready made doors made of wood; Signs made of wood; Simulated wood sections; Wall decorations of wood (parts of buildings); Wall panelling made of wood; Wall plaques of wood (parts of buildings); Wood; Wood agglomerate lined with melamine sheet; Wood agglomerate lined with natural sheet; Wood chipboard; Wood core plywood; Wood fibre boards; Wood fibre boards having a surface treatment; Wood fibre mats for building; Wood fibreboard; Wood for building; Wood for construction purposes; Wood for making household utensils; Wood for use in building; Wood panelling; Wood paving; Wood sheeting; Wood signs (non- luminous, non-mechanical); Wood, semi- worked; Wooden articles for use in construction; Wooden building materials in fabricated form; Wooden floor boards; Wooden grates; Wooden houses; Wooden panels for the interior decoration of rooms; Wooden racks (structures); Wooden shelving (structures); Wooden shutters; Artificial garden ponds; Concrete products for use in gardens; Garden ornaments being non-metallic building structures; Garden ornaments of concrete; Garden ornaments of marble; Garden ornaments of stone; Garden sheds of non-metallic materials; Non-metallic garden bed frames; Non-metallic garden rooms in the nature of building structures; Non-  metallic panelling for roof gardens; Softwood chips for use on gardens; Arches of non-metallic materials for supporting plants; Archways of non-metallic materials for supporting plants; Containers of concrete for holding plants; Embankment retaining stones for allowing   the   growth   of   plants;   Non-

metallic panelling for roof plantations; Plant espaliers of non-metallic materials; Plant screens (trellis), not of metal; Planters made of concrete; Planters made of marble; Planters made of stone; Planters, not of metal; Tubs made of concrete for containing plants; Tubs made of marble for containing plants; Tubs made of stone for containing plants

Class 20: Boxes for storage purposes (plastic); Boxes for storage purposes (wood); Cabinets for storage purposes; Containers, not of metal (storage, transport); Furniture for storage; Hanging storage racks (furniture); Mobile storage racks (furniture); Pedestal storage units (furniture); Shelves for storage; Side storage units; Storage baskets (furniture); Storage boxes (furniture); Storage cabinets (furniture); Storage cases (furniture); Storage chests made of plastic; Storage chests made of wood; Storage containers for use in cars; Storage cupboards (furniture); Storage drawers (furniture); Storage frames (furniture); Storage furniture; Storage modules (furniture); Storage shelves (furniture); Storage units (furniture); Under bed storage chests for clothing; Wooden chests for the storage of toys; Wooden storage boxes;  Work stations (furniture) incorporating storage space; Garden stakes of non-metallic materials; Hard wood tree stakes; Stakes for plants or trees; Babies' baskets; Bakers' bread baskets; Baskets for barrels; Baskets, not of metal; Basketware; Fishing baskets; Flower baskets of wicker; Hampers (baskets); Hanging basket liners (plastic); Manure baskets (non-metallic); Moses baskets; Moses baskets (bassinets); Non- metallic window baskets; Picnic baskets (not fitted); Wicker baskets; Pedestals for flower pots; Pedestals for plant pots; Pots of plastic for packaging; Stands for flower pots; Articles made from reed; Caskets made of reed; Curios made of reeds; Divans made of reed; 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; Household articles made of reed for decoration purposes; Reeds (plaiting material); Caskets made of wicker; Curios made of wicker; Divans made of wicker; Household articles made of wicker for decoration purposes;  Wickerwork; Bamboo canes; Cane clips of non-metallic materials; Cane connectors of non- metallic materials; Cane furniture; Caskets made of cane; Containers made of cane; Curios made of cane; Divans made of cane; Household articles made of cane for decoration purposes; Plastic caps for covering canes of bamboo; Split cane flower sticks; Rattan; Bedsteads of wood; Bins of wood or plastic; Boxes for stacking purposes (wood); Boxes made of paper coated wood; Boxes made of wood; Boxes of wood or plastic; Busts of wood, wax, plaster or plastic; Carvings of wood; Cases of wood or plastic; Casings of wood or plastic; Caskets made of wood; Compost bins of wood; Containers in the form of boxes made of wood; Containers made of wood (other than for household or kitchen use); Containers of wood or plastic for housing and transporting animals; Curios made of wood; Decorations made of wood; Decorations made of wood for foodstuffs; Decorations made of wood for use as festive decoration; Decorative action figures of wood; Decorative edging strips of wood for use with fitted furniture; Decorative edging strips of wood for use with furniture; Decorative edging strips of wood for use with window fittings; Decorative objects (ornaments) made of wood; Decorative plaques (ornaments) made of wood; Decorative wooden panels (furniture); Display stands (furniture) made of substitutes for wood or  plastic, including cardboard; Divans made of wood; Domestic furniture made of wood; Door furniture made of wood; Doors made of  wood  for  furniture;  Figures  made  of

wood; Figurines (statuettes) of wood, wax, plaster or plastic; Figurines for ornamental purposes of wood, wax, plaster or plastic; Figurines made of wood; Figurines made of wood resin; Finished wooden boards adapted for use in making furniture; Free standing sculptures of wood, wax, plaster or plastic; Furniture made of wood; Furniture partitions of wood; Garden furniture manufactured from wood; Handles made of simulated wood for brooms; Handles made of simulated wood for brushes; Handles made of simulated wood for doors; Handles made of simulated wood for garden implements; Handles made of simulated wood for garden tools; Handles made of simulated wood for paint brushes; Handles made of simulated wood for sweeping brushes; Handles made of simulated wood for tools; Household articles made of wood for decoration purposes; Miniature furniture made of wood; Miniature furniture made of wood fibre; Moulded furniture parts made of wood fibre mats; Mouldings made of substitutes of wood for picture frames; Mouldings made of wood for picture frames; Name card holders of wood; Non- metallic wood screws; Objects made of wood for decoration; Objet d'art of wood for decoration; Ornamental figurines made of wood; Ornamental models made of wood; Ornamental sculptures made of wood; Ornamental statues made of wood; Ornaments made of wood; Packaging boxes in collapsible form (wood); Packaging boxes in flat form (wood); Packaging containers made of wood; Packing cases made of wood; Packing cases made of wooden  composite materials; Paper coated wood frames; Partitions of wood (furniture); Partitions of wood for furniture; Photograph frames of wood; Placards of wood or plastics; Plaques made of wood; Plates of wood for use in displaying information; Portable boxes (containers) of wood; Prefabricated doors  of  wood  for  furniture;  Props  for

clothes lines, of wood or plastics; Reels of wood for yarn, silk, cord; Stacking boxes of wood; Stacking trays of wood; Statues of wood, wax, plaster or plastic; Statuettes of wood, wax, plaster or plastic; Staves of wood; Step ladders made of wood; Step stools made of wood; Steps (ladders), made from wood; Street furniture made of wood (other than structures); Support rails of wood for curtains; Support rods of wood for curtains; Table centres (ornaments) made of wood; Tap venting plugs of wood; Tie back hooks made of wood (curtain); Trophies made of wood; Tuns (casks) of wood; Wall decorations of wood (other than parts of buildings); Window blinds made of wood (indoor); Wood carvings; Wood fibre mats for moulded furniture parts; Wood ribbon; Wood surrounds (furniture) for electric apparatus; Wood surrounds (furniture) for electronic apparatus; Wood work panels for furniture; Wooden barrels; Wooden bins; Wooden boxes for storing toys; Wooden chests with drawers covered with decorated paper; Wooden containers (other than for household or kitchen use); Wooden crates; Wooden furniture; Wooden ladders; Wooden lattice work screens; Wooden pallets; Wooden panels for furniture; Wooden picture mouldings; Wooden pieces of furniture; Wooden racks (furniture); Wooden shelving (furniture); Works of art, of wood, wax, plaster or plastic; Garden furniture; Garden furniture made of aluminium; Garden furniture made of metal; Handles made of plastics for garden implements; Handles made of plastics for garden tools; Tables for use in gardens; Article storage apparatus (furniture); Cabinets being storage units for use on work sites; Divans incorporating storage space; Drawer storage for cards; Flexible containers of plastics for the storage of liquids; Flipper doors for storage units; Furniture for the storage of drawings; Furniture for the storage of plans; Furniture for use in the storage of

television apparatus; Furniture for use in the storage of video apparatus; Garment covers (storage); Ice storage shelves (furniture); Literature racks for the storage of printed material; Magazine storage files (furniture); Non- mechanical reels of plastic materials for the storage of hose; Non-mechanical, non-metallic reels for the storage of hose; Non-metallic containers for storage purposes (other than household or kitchen use); Non-metallic racks (furniture) for use in storage; Non-metallic storage racks (furniture); Non-metallic tool storage containers; Relocatable metal storage racks (furniture); Relocatable non- metallic storage racks (furniture); Storage apparatus (furniture); Storage installations (furniture); Storage or transport containers of cardboard with impermeable liners; Storage rails (furniture); Storage units for cupboard conversions; Water storage tanks of plastic; Plant pot holders, non-metallic; Plant supports; Pot plant stands; Tree and plant shelters, supports and protectors, not of metal
Class 21: Bases for plant pots; Decorative pots of earthenware; Decorative pots of porcelain; Flower pots; Hanging flower pots; Plant containers in the nature of pots; Plant pots; Pots; Pots for flowers; Pots for plants; Baskets, for domestic use; Baskets, for household use; Bread baskets (domestic); Fitted picnic baskets; Fitted picnic baskets (including dishes); Laundry baskets; Litter baskets; Storage baskets for household use; Waste baskets; Waste paper baskets; Covers, not of paper, for flower pots; Cylinders, trays, punnets and pots of non-compostable material for use in horticulture; Decorative pots of china; Pots for the germination of seeds; Pots for the growing of seedlings; Pots, seeds and growing medium, sold together as a kit; Serving pots; Articles of wood for household use; Articles of wood for kitchen use; Tubs made of wood for containing flowers; Tubs made of wood for containing   plants;   Garden   gnomes   of

earthenware;   Garden   gnomes   of   glass; Garden   gnomes  of porcelain;   Garden sprinklers  for       attachment to        hoses; Gardening   gloves;    Watering  apparatus (other than hose or automatic) for garden use;  Containers  for  household  use  for storage  purposes;  Containers  for  storage purposes (household or   kitchen      use); Dispensers for the storage of toilet paper (other  than  fixed);   Egg  containers   for household use in the storage of eggs; Food storage  containers;  Plastic  coated  glass safety bottles for the storage of chemicals; Storage boxes for household use; Storage chests for domestic use; Storage containers for  domestic  use;  Storage  jars;  Storage receptacles for household use; Storage tins for   household   use;   Bowls   for   plants; Containers for plants (for household use); Hand operated hand sprayers, for watering plants;  Holders  for  flowers  and  plants (flower    arranging); Indoor   terrariums (plant cultivation); Irrigating apparatus for plants (other than machines or automatic); Mist     applicators     for     plants;    Plant containers of ceramic; Plant containers of china;   Plant   containers   of   clay;   Plant containers of earthenware; Plant containers of glass; Plant containers of plastic; Plant containers of porcelain; Plant containers of pottery;  Plant  containers  of  stoneware; Plant    containers     of   terracotta;    Plant holders;  Plant  holders  made  of  plastics materials; Plant pot covers, not of paper; Plant-pot covers, not of paper (flower-pot covers,  not  of  paper);  Pot  plant  support sticks; Sprinklers (hose pipe attachments) for watering plants; Sprinklers for watering flowers   and   plants;  Stands   for   plants; Syringes for watering flowers and plants; Tubs   made   of   plastics   for   containing plants; Water syringes for spraying plants Class 22: Garden nets; Nets for protective use in gardening; Nets for birds; Nets for leaves;     Nets    for    shading;   Nets for windbreak   purposes;  Plastic     nets and netting  (not  for  sports);  Wood  shavings; Wood shavings for use as a stuffing; Wood

wool; Bags (sacks) for the transport and storage of materials in bulk; Bags (sacks) made of synthetic plastics material for bulk storage; Bags for storage purposes; Bags for the bulk storage of grains; Bags for the storage of bulk materials; Bags made of textile for the storage of tents; Containers (bags, sacks) for the transport and storage of materials in bulk; Non- textile bags for the bulk storage of materials; Packaging bags (sacks) of paper for bulk storage; Packaging bags (sacks) of plastic for bulk storage; Packaging bags (sacks) of textile for bulk storage; Plastic liners for the storage of bulk material in containers; Plastics bags (sacks) for the storage of materials in bulk; Polythene bags (sacks) for the storage of materials in bulk; Polythene sacks for the storage  of materials in bulk; Sacks for the storage of materials; Bags of textile material for use with plants; Bark (twine) for securing plants
Class 28: Artificial Christmas trees; Artificial snow for Christmas trees; Bells for Christmas trees; Candle holders for Christmas trees; Christmas crackers; Christmas novelties; Christmas stockings; Christmas tree (synthetic); Christmas tree decorations (other than edible or for illumination); Christmas tree stands; Christmas trees of synthetic material; Decorations (not edible) for Christmas trees; Decorations for Christmas trees; Explosive bonbons (Christmas crackers); Non-edible Christmas tree ornaments; Ornaments for Christmas trees (except illumination articles and confectionery); Ornaments for Christmas trees (not edible and not lights)