Travellers Exchange Corporation v Travelxchange Inc

[2024] ATMO 218

TRADE MARKS ACT 1995

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

Re:Opposition by Travellers Exchange Corporation to registration of trade mark application numbers 2257976 (class 39) TRAVELXCHANGE (word), 2257978 (class 39) TRAVELX (word) and 2257980 (class 39) - travelXchange – GO FURTHER (fancy) - all in the name of TRAVELXCHANGE INC

Delegate:

Benjamin Goldsworthy

Representation:

Opponent: Frances St John, of Counsel, instructed by King & Wood Mallesons

Applicant: None

Decision:

2024 ATMO 218

Trade Marks Act 1995 (Cth) and Trade Marks Regulations 1995 (Cth) – oppositions under section 52 – grounds of opposition under ss 42(b), 44, 58A, 60, 62A of the and reg 4.15A – s 44/reg 4.15A established – trade marks refused.

Background

1.     On 23 March 2022 (‘Relevant Date’) TRAVELXCHANGE INC (‘Applicant’) filed applications to register trade marks (‘Trade Marks’) under the Trade Marks Act 1995 (Cth) (‘Act’)[1] with the following details:

[1] Unless specified otherwise, a reference in these reasons to a section is a reference to a section in the Trade Marks Act 1995 (Cth) (‘Act’) and a reference to a regulation is a reference to a regulation in the Trade Marks Regulations 1995 (Cth).

Trade mark application number: 2257976

Trade mark:   TRAVELXCHANGE

Specification: Schedule 1 to these reasons (‘Applicant’s Services’)

Priority date: 23 March 2022

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Trade mark application number: 2257978

Trade mark: TRAVELX

Specification: Applicant’s Services

Priority date: 23 March 2022

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Trade mark application number:   2257980

Trade mark:  

Specification: Applicant’s Services

Priority date: 23 March 2022

2.     The Trade Marks were examined and acceptance was advertised on 24 August 2022. On 24 October 2022, Travellers Exchange Corporation (‘Opponent’) filed its Notices of Intention to Oppose. On 24 November 2022, the Opponent filed its Statement of Grounds and Particulars (‘SGP’). On 6 February 2023, the Applicant filed its Notices of Intention to Defend.

3.     On 22 May 2023, the Opponent filed the same Evidence in Support (‘EIS’) in respect of all of the oppositions, being a declaration of James Birch, General Counsel of the Opponent and director of the holding company of the Opponent, dated 19 May 2023 (‘Birch’) with Exhibits JB-1 to JB-33, including Confidential Exhibits JB-7, JB-11, JB-14, JB-16, JB-19, JB-22 and JB-31. The Applicant filed no Evidence in Answer (‘EIA’), and the parties were given the opportunity to be heard.

4.     The Opponent requested to be heard by teleconference and on 30 July 2024 filed its written outline of submissions (‘Opponent’s Submissions’). 

5.     While reviewing the official files I noted the Applicant’s lack of an address for service in Australia or New Zealand.[2] I wrote a letter addressed to the Applicant noting the importance of having an address for service for receiving important correspondence in relation to the Trade Marks, particularly in relation to their oppositions. I informed the Applicant that unless it provided the necessary address it would not receive future correspondence, including this decision. The Attorney of record at that time was also contacted in writing. No response has been received from any of these persons. I note these events as they have some bearing on the manner that I have decided this matter.

[2] Section 215.

6.     As a delegate of the Registrar of Trade Marks, I heard the matter on 15 August 2024. The Opponent was represented by Frances St John, of Counsel, instructed by Bill
Ladas, Sarah Goddard and Emma Drinkwater of King and Wood Mallesons. The Applicant did not appear or make submissions.

Onus and grounds

7.     The Opponent has the onus of establishing at least one of its grounds of opposition.[3] The standard of proof is the ordinary civil standard of the balance of probabilities.[4] The Opponent presses grounds of opposition under ss 42(b), 44, 60, 58A, 59 and 62A.

Evidence

[3] Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, [32] (Keane CJ, Stone and Jagot JJ).

[4] Telstra Corporation Ltd v Phone Directories Co Pty Ltd [2015] FCAFC 156, [133] (Besanko, Jagot and Edelman JJ).

EIS

8.     The Opponent operates a foreign currency exchange business with operations in 60 countries. The Opponent provides these services under a number of trade marks, including the following (‘TRAVELEX Marks’):

9.     The Opponent is said to have been operating in Australia since at least 1990,[5] offering financial related products, such as debit cards and Automatic Teller Machines (‘ATMs’), financing and foreign currency exchange services, the issuing of stored value cards and financial instruments and international payments and remittance services, all under the TRAVELEX Marks.

[5] Birch [11].

10.    The Opponent is also the registered owner the following trade marks (‘Opponent’s Trade Marks’):

Trade mark number: 663330

Trade mark: TRAVELEX

Specification: Class 36: Money exchange services

Priority date: 6 June 1995

Endorsements: Provisions of subsection 44(3) applied.

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Trade mark number: 910337

IR number: 777721

Trade Mark:

(‘910337’)

Priority date: 1 June 2001

Specification: Classes 9, 16, 35 and 36. See, Schedule 2

Convention details: Date: 01 June 2001 Number: 2271545 Country: UNITED KINGDOM

---

Trade mark number: 1325931

IR Number: 1014563

Trade mark: TRAVELEX (‘1325931’)

Specification: Classes 9, 35 and 36. See, Schedule 3

Priority date: 3 July 2009

Convention details: Date: 03 July 2009 Number: 2520101 Country: UNITED KINGDOM

---

Trade mark number: 2038881

Trade mark: Schedule 4 (‘2038881’)

Priority date: 23 September 2019

Type: series trade mark

Specification: Classes 9, 35, 36 and 42. See, Schedule 5

Endorsements: The first trade mark in the series of trade marks is depicted in greyscale, as shown in the representation attached to the application form. The second trade mark in the series of trade marks is depicted in the colours blue, white and green, as shown in the representation attached to the application form. The third trade mark in the series of trade marks is depicted in the colours blue, white and aqua, as shown in the representation attached to the application form. The fourth trade mark in the series of trade marks is depicted in the colours blue, white and grey, as shown in the representation attached to the application form. The fifth trade mark in the series of trade marks is depicted in the colours blue, white and pink, as shown in the representation attached to the application form. The sixth trade mark in the series of trade marks is depicted in the colours blue, white and red, as shown in the representation attached to the application form.

11.    The exposure of the public to the TRAVELEX Marks has occurred at major airports and cities by signage and offerings at stores, kiosks and ATMs. The Opponent and its related entities operate over 1,100 stores and ATMs in some of the world’s major international airports, transport hubs, shopping malls, high streets, supermarkets and cities. The Opponent has engaged in various promotional activities. There also are a number of partnerships between the Opponent and various banks and travel agencies. There is also frequent unsolicited media coverage of the Opponent and mention of the word trade mark ‘Travelex’ by major newspapers in Australia. The advertising spend in Australia for the years 2019 to 2022 is significant. The Annual Reports for the years 2018 to 2022 for the Australian entity of the Opponent’s business are provided and the net revenue there mentioned is significant.

12.    I need not further summarise the evidence and begin with the grounds of opposition under reg 4.15A/ s 44.

Consideration

Regulation 4.15A/ Section 44

13.    Regulation 4.15A relevantly provides:[6]

[6] I note that the provisions in s 44 are substantially the same as those in s reg 4.15A, as are the principles in their application.

4.15A  Grounds for rejection—trade mark identical etc to trade mark protected under Madrid Protocol

….

(2) For section 189A of the Act, and subject to subregulations (3) and (5), an application for the registration of a trade mark (applicant’s trade mark) in respect of services (applicant’s services) must be rejected if:

(a) the applicant’s trade mark is substantially identical with, or deceptively similar to:

(i) a protected international trade mark; or

(ii) a trade mark in respect of which the Registrar has received notification of an IRDA;

held by another person in respect of similar services or closely related goods; and

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

Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:

(a) may be inconsistent with the Act; and

(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.

Division 2 of Part 4 of the Act includes provisions relating to the grounds on which an application for the registration of a trade mark must be rejected.

14.    For this ground of opposition the Opponent relies on the Opponent’s Trade Marks. These are all in the name of a person other than the Applicant and all have a priority date which is before the Relevant Date.

Comparison of specifications

15.    I compare the Applicant’s Services in class 39 which broadly relate to provision of information about travel and making arrangements relating to travel particularly with ‘consultancy services relating to the acquisition of goods and services’ in class 35 of the specification of 910337, 2038881 and 1325931. The word ‘consultant’ means ‘someone who gives professional or expert advice’.[7] The word ‘acquisition’ means ‘the act of acquiring or gaining possession: the acquisition of property’.[8] Together these words describe a broad range of services that would notionally include the doing of actions in relation to travel on behalf of other persons or otherwise similar activities of offering assistance or advice in that regard, all in furtherance of the acquisition of travel services. The words would include services which I would term ‘travel agency services’. Travel agency services include activities such as the booking of transport and other events on behalf of others, offering guidance about the conditions in which that should be done and otherwise sourcing suitable travel and transportation services on behalf of others. There is no reason I should adopt a restrictive interpretation of the language in the specification of the Opponent’s Services. From a commercial perspective I consider that most of the Applicant’s services which concern travel or transportation would be notionally included in the broad description ‘consultancy services relating to the acquisition of goods and services’. I note that these kinds of services are often purchased via a travel consultant.

[7] Macquarie Dictionary (Online, accessed 24 September 2024) ‘consultant’.

[8] Macquarie Dictionary (Online, accessed 24 September 2024) ‘acquisition’.

16.    In particular, the following of the Applicant’s Services would be notionally included in or similar to the Opponent’s ‘consultancy services relating to the acquisition of goods and services’:

travel arrangement; escorting of travellers; arranging of cruises; arranging for travel visas and travel documents for persons travelling abroad; booking of seats for travel; transport reservation; travel reservation; providing driving directions for travel purposes; providing traffic information; providing transportation information; arranging of passenger transportation services for others via an online application; arranging of transportation for travel tours; arranging of excursions; airline ticket reservation services; travel booking agencies; consultancy in the field of air transport; travel consultancy; consultancy for travel planning of routes; professional consultancy relating to transport; coordinating travel arrangements for individuals and for groups; issuing of tickets for travel; travel information; provision of information relating to the transportation of passengers; provision of information relating to travel routes; provision of flight information; provision of travel information by computer; providing flight arrival and departure information; transportation information; travel information; arranging of holiday transport; booking of hire cars; booking of seats for transportation by water; booking of seats for transportation by air; booking of seats for transportation by rail; booking of seats for air travel; booking of seats for rail travel; booking of seats for coach travel; booking of rail tickets; booking of tickets for travel; reservation of berths for travel; booking of transport via global computer networks; booking of sea passages; booking of airport parking; reservation of parking spaces; booking of seats for transportation by motor vehicles; reservation of ferry transport; booking of travel through tourist offices; booking of holiday travel and tours; booking of sightseeing tours through agencies; reservation of coach transport; booking and arranging of access to airport lounges; seat reservations for various forms of transport; reservation of air transportation; reservation of seats for travel; reservation of rail transport; holiday travel reservation services; reservation services for airline travel

17.    I also compare the Opponent’s ‘tickets’ in class 16 in the specification of 910337 with the Applicant’s Services. In Registrar of Trade Marks v Woolworths French J stated that the relationship between goods and services may, and perhaps in most cases, will, be defined by the function of the service with respect to the goods.[9] Where the designated services necessarily involve the use or sale of goods it is more likely that those goods and services will be perceived as closely related.[10] The nature, function and circumstances of the trade, such as trade channels, are also relevant. I also note that it is the notional use that can be made in a normal and fair manner that I must consider.[11] Accordingly, it matters not whether evidence of actual use of the Opponent has been provided.[12] The likelihood of consumer association of services with the goods, because they are generally offered by the same people is also a relevant factor.[13]

[9] Registrar of Trade Marks v Woolworths [1999] FCA 1020, [50] (French J), [38] (‘Woolworths’). See also, Ian Horak and Mark Davison, Shanahan’s Australian Law of Trade Marks & Passing Off (7e, 2022) 490.

[10] Caterpillar Loader Hire (Holdings) v Caterpillar Tractor Co (1983) 1 IPR 265, 277 (Lockhart J).

[11] Re Smith Hayden & Co Ltd (1946) 63 RPC 97, 101 (Evershed J).

[12] Ragopika Pty Ltd v Padmasingh Isaac trading as Aachi Spices and Foods [2023] FCA 487 (Kennett J).

[13] Ibid [40]. See also Enagic Co Ltd v Horizons (Asia) Pty Ltd [2021] FCA 1512, [33] (Charlesworth J).

18.    After considering these factors, I am additionally satisfied that the Opponent’s ‘tickets’ in class 16 would be closely related to most, if not all of the services mentioned in paragraph [16] of these written reasons, at least those concerned with the coordinating, booking and making of reservations for various forms of transportation and travel.

19.    Furthermore, I also note the Opponent’s ‘downloadable computer software applications including in respect of travel, travel reservations and travel information’ in 2038881. It is common for airlines, transport services providers and some travel agents to provide software applications ancillary to, and as means for delivery of, the Applicant’s travel services. Transport and travel reservation and travel advisory services are often provided by software applications downloaded to smart phones. There is in this instance a practical reality of a convergence of technology and services and prevalence mobile phone technology. This reality would influence consumers into considering that there is a single origin. It is a likely expectation of the consumer that software would be the means for an essential part of the delivery of the services. The function here is so close that in many notional instances consumers would likely consider delivery as being one and the same thing. I consider these goods of the Opponent to be closely related to the Applicant’s various travel related services.

Comparison of trade marks

20.    I firstly compare 2257980 and 2257976 with the Opponent’s Trade Marks. Of most relevance are 910337, 2038881 and 1325931.

21.    I consider the differences between these trade marks sufficient to differentiate them when compared side by side. Accordingly, these trade marks are not substantially identical. I turn to consider whether these trade marks are deceptively similar. Section 10 provides that a trade mark is deceptively similar to another trade mark if it, ‘so nearly resembles that other trade mark that it is likely to deceive or cause confusion’.

22.    In Australian Woollen Mills Ltd v F S Walton & Co Ltd (‘Australian Woollen Mills’), Dixon and McTiernan JJ explained:

… in the end, it becomes a question of fact for the court to decide whether in fact there is such a reasonable probability of deception or confusion that the use of the new mark and title should be restrained… …In deciding this question, the marks ought not, of course, to be compared side by side. An attempt should be made to estimate the effect or impression produced on the mind of potential customers by the mark or device for which the protection of an injunction is sought. The impression or recollection which is carried away and retained is necessarily the basis of any mistaken belief that the challenged mark or device is the same. The effect of spoken description must be considered. If a mark is in fact or from its nature likely to be the source of some name or verbal description by which buyers will express their desire to have the goods, then similarities both of sound and of meaning may play an important part.[14]

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

23.    I must compare the respective trade marks as wholes,[15] with regard to essential or distinguishing features,[16] and consider them visually and aurally, and in the context of the relevant surrounding circumstances.[17] Actual reputation of a trade mark or an owner is not relevant. Rather, of importance is the effect and meaning of the spoken trade marks,[18] especially their effect or impression produced on the mind of ordinary consumers.[19] I should account for the imperfect recollection of those ordinary consumers and the addition of even a single word can in the right circumstances relevantly differentiate one remembered mark from another in the minds of those consumers.[20] Ultimately, what is required is a real tangible danger of confusion.[21] That is, ‘a real likelihood that some people will wonder or be left in doubt about whether the two sets of products … come from the same source’.[22] Actual instances of deception or confusion are of great weight though not required.[23]

[15] Woolworths (n 9) [50] (French J). See also, Torpedoes Sportswear Pty Limited v Thorpedo Enterprises Pty Limited [2003] FCA 901, [78] (Bennett J).

[16] Crazy Ron’s Communications v Mobileworld Communications [2004] FCAFC 196, [77]-[88] (Moore, Sackville and Emmett JJ).

[17] New South Wales Dairy Corporation v Murray Goulburn Co-operative Co Ltd (1989) 86 ALR 549, 589 (Gummow J).

[18] Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8, [51] (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) (‘Self Care’).

[19] Ibid [51] and [67], citing Australian Woollen Mills (n 14).

[20] Jockey International Inc v Darren Wilkinson [2010] ATMO 22 (Hearing Officer Spence).

[21] Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592, 595 (Kitto J) (‘Southern Cross’); Woolworths (n 9) [50] (French J); Campomar Sociedad Limitada v Nike International Ltd [2000] HCA 12, [83] (Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ).

[22] Woolworths (n 9) 382 (French J); Southern Cross ibid 594-595. See also, Australian Woollen Mills (n 14) 658.

[23] Self Care (n 18) [29]; Australian Woollen Mills (n 14) 658 (Dixon and McTiernan JJ).

24.    2257980 and 2257976 relevantly include the word elements ‘Travel’, ‘X’ and ‘Change’. The manners of presentation of these marks make it likely that the constituent words of 2257980 and 2257976 would be pronounced separately as either ‘travel-X-change’ or as ‘travel exchange’. The word ‘Travel’ is a leading element in all of the trade marks and I have noted that this word is descriptive insofar as travel related services are concerned. The word elements forming the Opponent’s Trade Marks consist of the shared leading word element ‘travel’ combined with the suffix element ‘-ex’. The element ‘-ex’ could be construed as a phonetic representation of the letter ‘x’, and has several meanings in its own right, given the context of the Opponent’s Services. This element also alludes to an exchange of some kind, though it might also allude to another word, such as ‘express’.[24] In the context of the Opponent’s Services this would allude to money exchange services. However, I am satisfied that the element ‘-ex’ likely would also allude to the idea of an exchange for some kind of travel related services. I have noted that the purchasers of the Applicant’s Services and the Opponent’s Services are both likely to be moderately cautious purchasers as the services involve individual and financial interests. However, the trade marks must be viewed as totalities and I must consider their effects on the minds of ordinary consumers of the Applicant’s Services. In a spoken or radio context I consider the potential for confusion is especially heightened. Overall, the effect of the trade marks, including by the elements ‘ex’ in the Opponent’s Trade Marks and ‘-Xchange’ in 2257980 and 2257976, is such that they are likely to be imperfected recollected in such a way that there is a real and tangible danger of confusion.

[24] Cf GD Express Carrier Berhad v Federal Express Corporation [2017] NZIPOTM 31, [57] (Assistant-Commissioner Glover).

25.    I next compare 2257978 and especially 1325931, which would be pronounced identically as ‘travel-ex’. The leading elements are the same and the terminating elements are certainly similar. The elements of each of the trade marks form similar whole impressions. Because of the visual and aural similarities, I am satisfied that there is a real and tangible danger of confusion. I note my findings that 2257980 and 2257976 are deceptively similar to 910337, 2038881 and 1325931. I readily conclude that 2257978 also is deceptively similar to 1325931.

26.    In summary, I am satisfied that each of the Trade Marks are deceptively similar to 910337, 2038881 and/or 1325931. Accordingly, the grounds of the opposition under reg 4.15A/s 44 are established for the Trade Marks.

27.    In some cases, a ground of opposition may be established against some but not all goods or services claimed by an applicant.  In such cases, the decision maker  may consider it appropriate to offer the applicant an opportunity to amend the specification to delete the goods and/or services for which the opposition is established. In this respect Counsel for the Opponent took me to the decision of Yates J in Apple Inc v Registrar of Trade Marks where he noted that if, ‘the application fails in one respect, it fails as a whole. In these circumstances, is not necessary for me to proceed to determine the registrability of [the trade mark] for the designated services ...’.[25] At the hearing Counsel for the Opponent submitted that I should not engage with the narrow, if any, possibility of amendments. In my opinion, it is not appropriate to offer the Applicant such an opportunity to amend in this case.

[25] [2014] FCA 1304, [232].

28.    I have contacted the Applicant pointing out that it would not receive important correspondence from this office due to its lack of an effective address for service. The Applicant’s failure to reply to my earlier warning also tells me that writing to them again would be in vain. I do not consider it reasonable to offer the Applicant an opportunity to amend the specification. Whilst it is likely that I have the power to pare back some of the specifications without the Applicant’s input, my assessment is that to do so in this case would be arbitrary. I am positively satisfied that the oppositions have been established and almost all of, if not all of, the Applicant’s Services are problematic. Rather than add further delay to the resolution of these matters, the Trade Marks having failed in respect of most of the Applicant’s Services, must now fail entirely.[26]

[26] This was also the approach taken in Monster Energy Company v Home Focus Development Limited [2021] ATMO 20, [6], [16]-[17] (Hearing Officer Richards).

Decision

29.    Section 55 relevantly provides:

55  Decision

(1)  Unless subsection (3) applies to the proceedings, the Registrar must, at the end, decide:

(a)  to refuse to register the trade mark; or

(b)  to register the trade mark (with or without conditions or limitations) in respect of the goods and/or services then specified in the application;

having regard to the extent (if any) to which any ground on which the application was opposed has been established.

30.    The ground of opposition under reg 4.15A / s 44 has been established for all of the Trade Marks. Accordingly, I refuse to register trade marks 2257976, 2257978 and 2257980.

Costs

1. The Applicant has requested costs. Whilst costs ordinarily follow the event, I note that the EIS in the proceedings for each of the Trade Marks is identical. I award costs against the Removal Opponent under s 221 of the Act in the same manner as in Hume Industries (Malaysia) Berhard v James Hardie & Coy Pty Ltd.[27]

   [27] [2001] ATMO 78 (Hearing Officer Williams).

   Benjamin Goldsworthy

   Hearing Officer

   Oppositions and Hearings

   Trade Marks and Designs

   12 November 2024

   Schedule 1

   Class 39: Transport; transport services; packaging and storage of goods; travel arrangement; escorting of travellers; aircraft rental; bus transport; car rental; rental of storage containers; arranging of cruises; parking place rental; arranging for travel visas and travel documents for persons travelling abroad; booking of seats for travel; transport reservation; travel reservation; providing driving directions for travel purposes; providing traffic information; providing transportation information; arranging of passenger transportation services for others via an online application; arranging of transportation for travel tours; transport services for sightseeing tours; passenger transport; transport of travellers; car transport; boat transport; carpooling services; arranging of excursions; carting of goods; airline ticket reservation services; travel booking agencies; consultancy in the field of air transport; travel consultancy; consultancy for travel planning of routes; professional consultancy relating to transport; coordinating travel arrangements for individuals and for groups; boat cruises; issuing of tickets for travel; travel information; provision of information relating to the transportation of passengers; provision of information relating to travel routes; provision of flight information; provision of travel information by computer; providing flight arrival and departure information; transportation information; travel information; arranging of holiday transport; booking of hire cars; booking of seats for transportation by water; booking of seats for transportation by air; booking of seats for transportation by rail; booking of seats for air travel; booking of seats for rail travel; booking of seats for coach travel; booking of rail tickets; booking of tickets for travel; reservation of berths for travel; booking of transport via global computer networks; booking of sea passages; booking of airport parking; reservation of parking spaces; booking of seats for transportation by motor vehicles; reservation of ferry transport; booking of travel through tourist offices; booking of holiday travel and tours; booking of sightseeing tours through agencies; reservation of coach transport; booking and arranging of access to airport lounges; seat reservations for various forms of transport; reservation of air transportation; reservation of seats for travel; reservation of rail transport; holiday travel reservation services; reservation services for airline travel

   Schedule 2

   Class 9: Cards and other apparatus used in the electronic transfer of funds and other financial transactions

   Class 16: Paper, cardboard, printed matter, printed publications, magazines, periodicals; index cards; diaries, calendars, personal organisers; posters; writing instruments; decalcomanias; playing cards; maps, wall charts, tickets; timetables, travellers' cheques, guide books; tags for luggage

   Class 35: The bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods in travel stores; the bringing together, for the benefit of others, of a variety of financial products enabling customers to conveniently view and purchase those goods, from a financial products catalogue or a financial products website, by mail order or by means of telecommunications; consultancy services relating to the acquisition of goods and services; business advisory and information services; provision of trade, business, economic and statistical information; business research services; compilation and provision of business information

   Class 36: Dissemination of business information relating to money and cash transfers; financial information retrieval services; money exchange services; credit, debit, cheque guarantee and charge card services; insurance services; discount card services; automated payment services; issue and redemption of tokens and vouchers; monetary affairs; information and advisory services; all relating to the aforesaid services

   Schedule 3

   Class 9: Credit cards, debit cards, charge cards, cheque guarantee cards, cards and other apparatus, documents and instruments used in relation to payments, the electronic transfer of funds and other financial transactions; magnetically or optically encoded cards; smart cards; chip cards; databases and information recorded on paper, electronic, magnetic, electro-magnetic, optical or electro optical media

   Class 35: Retail services and Internet services in relation to money exchange and money transfer, payments, dispensing of currency whether notes, coins, drafts and bills of exchange, issue and redemption of travellers cheques, issue and redemption of tokens and vouchers, electronic fund transfers, foreign exchange, issuing of negotiable instruments, pre-paid cards, credit, debit and charge cards; consultancy services relating to the acquisition of goods and services; business advisory and information services; provision of trade, business, economic and statistical information; business research services; compilation and provision of business information; dissemination of business information relating to money, exchange rates, money transfer, cash transfers, payments and financial markets

   Class 36: Bureau de change services; money exchange and money transfer services; electronic fund transfer services; foreign exchange services, payment services, issuing of negotiable instruments; credit, debit and charge card services; pre-paid card services; insurance services; discount card services; automated payment services; issue and redemption of tokens and vouchers; financial services relating to the issuing of notes, coins, drafts and bills of exchange; issue and redemption of travellers cheques; provision of information relating to the rates of exchange; monetary affairs; information and advisory services relating to the aforesaid services; financial information retrieval services; telephone calling card services

   Schedule 4

   Schedule 5

   Class 9: Computer application software; downloadable computer software applications including in respect of travel, travel reservations and travel information; mobile phone software applications, downloadable; computer software for control of self-service terminals; computer software for controlling the operation of audio and video devices; computer software designed to enable smart cards to interact with terminals and readers; electronic publications, downloadable; money counting and sorting machines; credit cards; debit cards; charge cards; cheque guarantee cards; devices and instruments used in relation to payments made electronically, digitally or online; computer software, computer hardware, apparatus, devices and instruments, all for use in carrying out financial transactions and the electronic transfer of funds; magnetically or optically encoded cards; loyalty cards; smart cards; chip cards; databases and information recorded on paper, electronic, magnetic, electro-magnetic, optical or electro optical media; cash registers; magnetic data carriers; accounting machines; card reading equipment; telecommunications apparatus

   Class 35: Retail services in relation to foreign and money exchange, money transfers, financial payments, dispensing of currency whether notes, coins, drafts and bills of exchange, issue and redemption of travellers cheques, issue and redemption of tokens and vouchers, electronic fund transfers and issue of negotiable instruments, pre-paid cards, credit, debit and charge cards provided to the public in physical outlets and electronically via the internet and digital platforms; business services in relation to foreign and money exchange, money transfers, financial payments, dispensing of currency whether notes, coins, drafts and bills of exchange, issue and redemption of travellers cheques, issue and redemption of tokens and vouchers, electronic fund transfers and issue of negotiable instruments, pre-paid cards, credit, debit and charge cards provided to businesses and business users in physical outlets and electronically via the internet and digital platforms; consultancy services relating to the acquisition of goods and services; business advisory and information services; provision of trade, business, economic and statistical information; business research services; compilation and provision of business information; dissemination of business information relating to money, exchange rates, money transfer, cash transfers, payments, financial information, retrieval services and financial markets; administration of consumer loyalty programs; loyalty card services; compilation and provision of statistics; statistical information (business); retail services provided through mobile telecommunications means in connection with credit cards and debit cards; retail services provided online, through networks or other electronic means using electronically digitised information connected with credit cards and debit cards; computer database management; data retrieval of financial information; data storage services

   Class 36: Bureau de change services; money exchange and money transfer services; electronic fund transfer services; foreign exchange services; payment services; issuing of negotiable instruments; credit, debit and charge card services; pre-paid card services; stored value card services; insurance services; discount card services; automated payment services; automated teller machines; issue and redemption of tokens and vouchers; issuance of credit cards; financial services relating to the issue and redemption of notes, coins, drafts and bills of exchange; issue and redemption of travellers cheques and travel vouchers; provision of information relating to the rates of exchange; cheque verification and cheque cashing services; monetary affairs; financial affairs; banking and credit services; information and advisory services relating to the aforesaid services; financial information services; telephone calling card services; dissemination of business information relating to money, exchange rates, money transfer, cash transfers, payments and financial markets; business services relating to the aforesaid services; other banking services provided over the internet and digital platforms; processing of financial transactions both on-line via a computer database or via telecommunications and at point of sale; processing services for financial transactions by card holders via automatic teller machines; the provision of balance details, deposits and withdrawals of money to card holders via automatic teller machines; financial settlement and financial authorisation services in connection with the processing of financial payment transactions; payer authentication services; verification of financial information; maintenance of financial records; provision of debit and credit services by means of radio frequency identification devices (transponders); provision of debit and credit services by means of communication and telecommunication devices; the provision of financial services for the support of retail services provided through mobile telecommunications means, including payment services through wireless devices; processing of credit and debit transactions by telephone and telecommunication link

   Class 42: Design and development of computer hardware and software; computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information; providing multi-user access to a secure computerised information network for the transfer and dissemination of a range of information in the field of financial services; the design, creation and hosting of merchant websites; the design, creation and hosting of bill payment websites; the design, creation and hosting of websites relating to foreign exchange services; computer and Internet related services namely, providing on-line electronic databases via a global computer network in the field of identity authentication and verification; data encryption and decryption of financial information; technical consultation services in the fields of computer programming, financial computer networks, data processing, secure communications, data encryption and decryption and local area network security; dissemination of information over a global computer network in the fields of computer software, computer hardware, financial computer networks and local area networks; cloud computing; computer system analysis; computer system design; conversion of data or documents from physical to electronic media; conversion of computer programs and data, other than physical conversion; creating and designing website-based indexes of information for others; computer database management; data security consultancy; data encryption services; development of computer platforms; electronic data storage; electronic monitoring of personally identifying information to detect identity theft via the internet; electronic monitoring of credit card activity to detect fraud via the internet; maintenance of computer software; monitoring of computer systems by remote access; off-site data backup; platform as a service (PaaS); recovery of computer data; research and development of new products for others; providing search engines for the internet; software as a service (SaaS); updating of computer software