UmlautIT v Accenture Global Solutions Limited

TRADE MARKS ACT 1995

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Oppositions by UmlautIT Pty Ltd to extension of protection under regulation 17A.33 of the Trade Marks Regulations 1995 (Cth) of trade mark application numbers 2044402 (IR No. 1489789) in Classes 35, 38, 42 - UMLAUT - and 2081876 (IR No. 1525930) in Classes 9, 35, 38, 42 - UMLAUT Logo - both in the name of Accenture Global Solutions Limited.

Delegate:

Debrett Lyons

Representation:

Opponent: Michelle Gorton of Gorton IP.

Holder: Jennifer McEwan of Wrays Pty Ltd.

Decision:

2023 ATMO 47

Trade Marks Act 1995 (Cth) – oppositions to extension of protection under regulation 17A.29 – ss 58, 60 and 62A pursued – s 62A established – extension of protection refused.

Background

This decision is in respect of oppositions under reg 17A.29 of the Trade Marks Regulations 1995 (Cth) (‘Regulations’) to the extension of protection to Australia of the trade marks described below. The party now applying for extension of protection to Australia is Accenture Global Solutions Limited (‘Holder’) and the party opposing extension of protection is UmlautIT Pty Ltd (‘Opponent’).
2.     The trade marks are the subject of International Registrations Designating Australia (‘IRDAs’), wherein the Holder has requested under the Madrid Protocol that protection of its International Registrations be extended to Australia. Details of the IRDAs are:
IRDA No.:  2044402 (International Registration No. 1489789)
Trade Mark:                    UMLAUT
Filing Date:  1 October 2019
Priority Date:                  1 October 2019 (no convention claim)
Services: see Appendix
IRDA No.:   2081876 (International Registration No. 1525930)
Trade Mark:
Filing Date:                    13 November 2019
Priority Date:                 13 May 2019 (convention claim)
Goods/Services:            see Appendix
The IRDAs were examined as required by reg 17A.12. Acceptance of the IRDAs was advertised after which the Opponent filed Notices of Intention to Oppose the IRDAs. Notices of an Intention to Defend were filed by the Holder. The Opponent’s Statements of Grounds and Particulars are detailed shortly.
The parties filed evidence, described below, and were invited to request a hearing. The Opponent asked to be heard and paid the hearing fee. The Holder paid the fee for a decision with reasons without hearing. In the end, after an appointed but vacated hearing date, and after the Opponent did not comply with a timetable for the filing of submissions in connection with a reappointed hearing date, I directed that a decision would be made without a hearing.
Both sides were given additional time to file written submissions before I decided the matter. Both did so, submissions on behalf of the Opponent being received from Michelle Gorton of Gorton IP and submissions on behalf of the Holder being received from Jennifer McEwan of Wrays Pty Ltd.
Grounds of opposition
Regulation 17A.34 provides that the extension of protection may be opposed on any of the grounds on which an IRDA may be rejected and on the grounds set out in ss 58 to 61 and 62A of the Trade Marks Act 1995 (Cth) (‘Act’). The SGP nominated grounds of opposition under ss 42, 43, 44, 58, 58A, 60 and 62A of the Act but after preliminary examination of the SGP by this Office the grounds were reduced to ss 58, 60 and 62A, on which the Opponent now relies. Should the oppositions succeed on any one ground, there is no need to consider any other ground of opposition. They are nonetheless available in the event of an appeal, as are any other grounds of opposition available under the Act.
Evidence
In respect of IRDA 2044402, the following evidence was filed by the parties:
·     The Opponent’s evidence in support, being a declaration of Scott Brewster, a Director of the Opponent, made 4 January 2021.
·     The Holder’s evidence in answer, being a declaration of Marcus Brunner made 7 April 2021. Mr Brunner is the Managing Director of Umlaut Group Pty Ltd.
·     The Opponent’s evidence in reply, being a declaration of Shane Reid made 15 June 2021. Mr Reid works with the Opponent.
In respect of IRDA 2081876, the following evidence was filed by the parties:
· The Opponent’s evidence in support, being a further declaration of Scott Brewster made 30 June 2021.
· The Holder’s evidence in answer, being a further declaration of Marcus Brunner made 6 October 2021.
Further background
The backdrop to the dispute between the parties unfolds from the following chronology where the dates and information are either directly available to me or are based on uncontested submissions made by the parties. The only evaluative statement I make here (supported shortly) is that the parties have overlapping businesses in technical consultancy services.
The Opponent is an Australian company incorporated on 4 July 2016. On 16 July 2016 it registered the Australian business name, UmlautIT. By 2017 it had a website at
On 1 October 2019, IRDA 2044402 was filed by a German company, P3 Group GmbH. There is no claim to convention priority from an earlier trade mark application/registration.
On or before 24 October 2019, P3 Group GmbH underwent restructuring, resulting in the emergence of Umlaut AG and a rebranding of certain group companies.
On 24 October 2019, P3 Group GmbH’s then Australian subsidiary, P3 Communications Pty Ltd, changed its name to Umlaut Group Pty Ltd and began using UMLAUT for its services.
On 13 November 2019, IRDA 2081876 was filed by the German company, Umlaut AG. The application made a convention priority date claim of 13 May 2019 from EUIPO (European Union) trade mark application 18063949.
On 20 May 2020, the Opponent filed trade mark application 2089832 for the word mark UMLAUT and on 18 June 2020 filed application 2096947 for an UMLAUT logo-style trade mark. Both applications were examined and accepted by this Office on the basis of special circumstances (prior continuous use under s 44 of the Act). Both have been opposed by the Holder but those applications and oppositions do not concern me here.
Preliminary observations and findings
In brief, the grounds of opposition rest on the Opponent’s claims that it is the owner of the trade mark (s 58), that the IRDAs were made in bad faith (s 62A) and that use of the trade mark by the Holder in Australia would cause confusion by reason of the Opponent’s existing reputation (s 60).
No actual dates are in dispute. Nor, for the purposes of my decision, does anything hang on the parties’ stylised trade marks – the word UMLAUT is prominent in both. I am, for reasons which emerge, able to treat the IRDAs as one and treat the oppositions as one insofar as they show a competing interest in the word UMLAUT. Likewise, the evidence is in essential details the same for both oppositions and so I have hereinafter used certain singular terms where the plural should be understood.
Mr Brewster is a Director of the Opponent. He attests to use of UMLAUT as a trade mark in Australia by the Opponent since its inception in 2016. The Opponent is an information technology and consultancy company. It largely provides support to the financial services industry and had done so for a number of years to what I would describe as well-known medium to large companies operating in Australia. Those consultancy services are, on the whole, connected with data management and integration, compliance regulation, and authentication services. The evidence is of modest beginnings and turnover with markedly accelerating growth to the period ending in 2020. Interpolating as best I can to the filing dates of the IRDAs, I would characterise the Opponent as having by that time an established and known business working with well-recognised corporate partners.
At least at the time the evidence in these proceedings was prepared, the Holder was a business based in Germany, with international reach and a multi-million Euro turnover. It described itself as a global, full-service, cross-industry, end-to-end organisation that offers advisory and fulfilment services. Mr Brunner’s declaration, made in his capacity as Managing Director of Umlaut Group Pty Ltd, is more explicit, stating that the Holder, “provides professional consulting, engineering and testing services across a wide range of industries including … finance … . Our customers are medium to large businesses and include some of Australia's tier 1 and industry leading companies.” He identifies that the Holder’s consulting and engineering services encompass IT security, and data analytics.
What I conclude is that, even at the filing dates of the IRDAs, the Holder’s international business was extensive and very profitable. Turnover figures for Australia are confidential but what I can say is that at the time of the name change from P3 Communications Pty Ltd to Umlaut Group Pty Ltd, the Holder’s Australian business was approximately the same scale as that of the Opponent’s.
What emerges is that the parties are both essentially engineering and consultancy service providers and, in Australia, their businesses were at the relevant time similarly sized and targeted the financial business sector.
What I can also usefully observe here is that the goods/services covered by the IRDAs are exceptionally wordy. Whilst it is not unusual to see this with Madrid Agreement imports, in this case it masks the fact that much of what is claimed could be vastly reduced by generic language without loss of protection and, in my assessment, were that project undertaken, large tranches of overlap with the services offered by the Opponent would reveal themselves.
Discussion and Reasons
Section 62A
Section 62A provides that “[t]he registration of a trade mark may be opposed on the ground that the application was made in bad faith.”
The Statement of Grounds and Particulars states that, in essence, that the Opponent had a strong reputation in the trade mark UMLAUT by reason of use since 2016 and the Holder would have been aware of that use and so filed the IRDAs in bad faith.
The Holder’s submission is that it was unaware of the Opponent or its trade mark. I am uneasy with Mr Brunner’s declaration in that regard and will turn to it shortly, but I am troubled also by aspects of the Holder’s submissions which suggest a misunderstanding of s 62A case law. A representative passage from those submissions follows:
The subjective element of the Opponent at the time the Applications were filed (or at the time the oppositions were filed against the Application), and the subsequent objective element of the Opponent, is not sufficient to find that the Applicant acted in bad faith. The objective element of the bad faith ground requires the Hearing Officer to decide, whether in light of the knowledge that the Opponent held, the Applicant’s behaviour in applying for the opposed marks fell short of the acceptable commercial standards.
No case considering s 62A in any detail has so far reached either the Full Federal Court or the High Court, but in Fry Consulting Pty Ltd v Sports Warehouse Inc (No 2) (‘Fry’), Dodds-Streeton J, sitting alone in the Federal Court, formulated a set of guidelines which help put the Holder’s submissions into context. Her Honour said amongst other things that the test for bad faith involves subjective and objective elements in that the Registrar or the court must decide whether the knowledge of the Applicant was such that its decision to apply for registration would be regarded as made in bad faith by reference to the standards of acceptable commercial behaviour observed by reasonable and experienced persons in the particular area.[1]
[1] [2012] FCA 81 [165].
Those parts of the Holder’s submissions which concentrate on the Opponent’s state of mind are misconceived. Concentrating, instead, on the Holder, I reiterate that one of the IRDAs was filed by P3 Group GmbH, the other by Umlaut AG. Through the International Bureau, this office was notified that the IRDA filed by P3 Group GmbH was later assigned to Umlaut AG, later still that both IRDAs were assigned to umlaut SE, and recently this year that both were assigned to the Holder.
There is no evidence from any of those companies. As stated, the Holder’s declarant, Mr Brunner, is the Managing Director of Umlaut Group Pty Ltd, which he describes as “the Australian subsidiary of the Applicant.” It is evident from his declaration that, by the word, “Applicant”, Mr Brunner means either Umlaut AG, or umlaut SE, one or other of which was by that time the Holder. He declares to having held that position in Umlaut Group Pty Ltd for 8 years and to have “been associated with the Applicant and its predecessors for around 12.5 years.”
The ASIC records in evidence show Mr Brunner to have been a founding director of P3 Communications Pty Ltd in 2012. They show that the company became Umlaut Group Pty Ltd by change of name on 24 October 2019. The also indicate that, on incorporation, a controlling interest in P3 Communications Pty Ltd was held by P3 Group GmbH.
Mr Brunner declares that “the Applicant was not aware of use of the trade mark ‘umlaut’ by the Opponent when it adopted its UMLAUT Trade Marks.” He gives evidence that “[t]he word mark UMLAUT was selected in 2019 by the Applicant as a result of an extensive branding and name selection process. Prior to adopting the word mark UMLAUT, the Applicant checked 800 possible names in 10 categories to select a mark which has the possibility to be registered world-wide.”
Mr Brunner describes Australia as “a key region for the Applicant” and concludes his declaration with his “belief that, as at the date of filing, the UMLAUT Trade Marks were distinctive and uniquely identified the Applicant's services on the basis of tremendous use and promotion in Australia.”
It is difficult to make sense of that claim since the evidence includes press coverage of the change of company (and group company names) name from P3 Group GmbH to Umlaut AG in late October 2019 to coincide with adoption of the new branding. The filings dates of the IRDAs closely straddle that press release and I find use and promotion to be very limited at that point.
I discern, too, that Mr Brunner distances himself from firsthand statements in the sense that his declaration tells of the knowledge of the “Applicant”, a successful international business, headquartered in Germany. What is in danger of being lost in that narrative is the rule of law that the knowledge of (as it was) P3 Communications Pty Ltd was the knowledge of P3 Group GmbH. Conversely, statements from Mr Brunner that the “Applicant” was unaware of the Opponent must be understood as saying that group companies, P3 Communications Pty Ltd included, were unaware of the Opponent.
What I can endorse is Mr Brunner’s statement that the trade mark UMLAUT is (per se) distinctive, something which fits with a cluster of facts against which his declaration must be weighed. So, in addition to the distinctive character of the (German) word UMLAUT in Australia, there is the Opponent’s continuous use of that word both as a trade mark and as part of its corporate and trading names for the three years prior to the filing dates; there is the resultant public awareness of the Opponent, as discussed; the Opponent’s location in Sydney some few kilometres from P3 Communications Pty Ltd’s Sydney offices; the prior operation by P3 Communications Pty Ltd for some years in the same market the Opponent entered, targeting the same Australian businesses as the Opponent; and the Holder’s declarant positioned as Managing Director of that company all that time.
The Holder’s primary position is the sworn denial of knowledge of the Opponent. Otherwise, its submission is that since the Opponent had not filed any Australian trade mark application for UMLAUT at the filing dates of the IRDAs or when searches we made, the Holder could not have discovered the Opponent and could not, ipso facto, have acted in bad faith.
The Opponent’s reply is that “[i]t would have been impossible not to become aware of the Opponent’s UMLAUT trade marks when the searches were conducted by the Applicant because of the presence of the Opponent’s Trade Mark on its website and social media pages.”
I have noted already that by 2017 the Opponent’s website at was operational and use of the Wayback Machine internet archive plainly shows use of the trade mark. I have little doubt that from 2017 the Opponent’s online presence (referencing the trade mark) would have been readily discoverable. There is no evidence, nor submissions, to suggest otherwise.
Mr Brunner states that he “made enquiries of the Applicant's legal department” and was “informed that there ha[d] been no instances of confusion or deception occurring in Australia as to whether or not the Applicant's services provided under the UMLAUT Trade Marks are associated in any way with the Opponent or its goods and services.”
It does not surprise me that the Holder’s legal department, which I have to assume is located within its head office in Germany, was not aware of any actual confusion but, as a matter of principle, confusion is not a requirement of s 62A. Nevertheless, it is telling that the Opponent’s evidence includes the sworn statement of Mr Reid that someone came to the Opponent’s offices looking for the Holder’s Office Manager and was redirected to the Holder’s Sydney office. In addition, he gives evidence that the Opponent had received misdirected calls for employees of the Applicant. This evidence causes me to further question why the Holder had not become aware of the Opponent during 2016 – 2019.
The Opponent bears the onus of establishing at least one of the grounds of opposition.[2] In Fry, it was held that, for the purposes of s 62A, the bad faith must exist at the filing date.[3] The cases have reiterated that an allegation of bad faith is serious, however Fry was explicit in stating that the s 62A standard of proof remains the balance of probabilities, not something higher.[4]
[2] Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58 [32] (Keane CJ, Stone and Jagot JJ).
[3] Ibid. [145].
[4] Ibid [145].
So, too, the authorities have agreed that since the Act does not define “bad faith”, it is capable of incorporating “a diverse species of conduct”[5] and in Next Group Plc v Nexcorp Australia Pty Ltd[6], for example, it was said that “the fact that the Applicant may have been aware of the Opponent’s business and its trade mark is not of itself fatal.” However, here, whether the complaint is adoption of the same trade mark for the same business in the face of proven prior use and reputation, the issue of what the Holder knew at the filing dates sits front and centre of the enquiry.
[5] Fry Consulting Pty Ltd v Sports Warehouse Inc (No 2) [2012] FCA 81, [164] (Dodds-Streeton J).
[6] [2016] ATMO 34, [77].
My assessment is that doubt hangs over the completeness, if not the reliability, of the Holder’s evidence and this has caused me to weigh it carefully. Applying the standard of proof, I find, on the balance of probability, it was more likely than not that P3 Communications Pty Ltd (and so P3 Group GmbH) knew of the Opponent and its trade mark at the time the IRDAs were filed.
That finding stands by itself, but I am inclined to say something more of the s 62A authorities, noting that in the time contracted realm of legislation and judicial precedent, s 62A is a relatively new ground of opposition, introduced into the Act in 2006. In Fry, Dodds-Streeton J wrote:
Clearly the court, when considering bad faith, cannot apply a purely subjective test, called by Lord Hutton ‘the Robin Hood test’. The dishonest person or one with low standards cannot be permitted to obtain trade mark registrations in circumstances where a person abiding by a reasonable standard would not.[7]
[7] [2012] FCA 81, [24]-[26].

At one level, an applicant’s mental state matters less than does the objective appraisal of its actions. It may go too far to find an applicant to have acted in bad faith when it lacked certain knowledge but, as the cases state, the assessment is fact dependent and it seems open that an applicant be assessed for what they knew, or ought to have known. In other words, what is sometimes called “wilful blindness” might not quarantine an applicant from a finding of bad faith. Were it not for my finding that the Holder knew of the Opponent and its trade mark at the time the IRDAs were filed, a question might have properly arisen as to whether it ought to have so known, but that is something for the courts at another time.
In Fry, Dodds-Streeton J described, as I have noted already, bad faith as conduct “falling short of the standards of acceptable commercial behaviour observed by reasonable and experienced persons in a particular area”. Her Honour said that, irrespective of the form it takes, “bad faith imports conduct which is of an unscrupulous, underhand or unconscientious character”, subtracting from that equation what was described as “mere negligence, incompetence or a lack of prudence to reasonable and experienced standards”.[8]
[8] Ibid [165]-[166].
By reason of its size, experience and reputation, the Holder’s ambition to globally rebrand brought with it an elevated standard of care and commercial behaviour. Judged by that standard, I find that the Holder’s action in making the IRDAs was of an unconscientious character. I have adopted the language of the case law in characterizing its action that way. A grey line may separate, say, lack of prudence, from unconscientious conduct, but I am satisfied with the ordinary meaning of “unconscientious” as that of lacking diligence, or acting with insufficient attention to what is right or appropriate.
I find that the IRDAs were made in bad faith and so find that the Opponent has established a ground of opposition under section 62A of the Act.
Decision
Regulation 17A.34N provides:
17A.34N Decision on opposition
(1) Unless the opposition proceedings are discontinued or dismissed, the Registrar must decide:
(a) to refuse protection in respect of all of the goods or services listed in the IRDA; or
(b) to extend protection in respect of some or all of the goods or services listed in the IRDA (with or without conditions or limitations);
having regard to the extent (if any) to which the grounds on which the IRDA was opposed have been established.
(2) The Registrar must notify the International Bureau of the Registrar’s decision.
The Opponent has established the same ground of opposition in respect of each IRDA, but something must be said of regulation 17A.34N(1)(b) and what is written at [22] informs what follows, which I preface by the finding in Callico LLC v Calico Global Pty Ltd [9] that bad faith infects the whole of the application.
[9] [2016] ATMO 98.
The Explanatory Memorandum to the Trade Marks Amendment Bill 2006 which sought to introduce s 62A into the Act gave a handful of simple bad faith scenarios, typified by the actor with knowledge that a trade mark is the property of another, who then made application to register the mark in an attempt to somehow benefit.
The focus is on an applicant’s knowledge and actions, not confusion amongst consumers. The correctness of Callico LLC v Calico Global Pty Ltd is demonstrated by a simple hypothetical: A contracts with B (for whatever reason, but assume as part of a compromise agreement) not to apply for registration of TM in the future. Use of TM need not cause deception of confusion, nor, to the point, need the agreement be limited by category or class of goods or services. The promise is what is important. Breach of the promise by filing for registration is the act of bad faith and the application (as a whole) is compromised.
There will be cases and circumstances where the bad faith is limited and where a party has a reasonable expectation of bona fide rights to use of a mark for certain wares or offerings but I do not find that in the matter before me.
Accordingly, I apply regulation 17A.34N(1)(a) and refuse to extend protection of the IRDAs to Australia in their entirety. The International Bureau will be notified of that decision.
Costs
Both parties sought costs. It is usual for costs to follow the event, and there is no reason to depart from that principle here. I award costs against the Holder in accordance with s 221 of the Act, in the amounts set out in Schedule 8 of the Regulations. The two oppositions proceeded on virtually identical evidence and there is no reason to take additional account of costs for the second opposition.
Debrett Lyons
Hearing Officer
Delegate of the Registrar of Trade Marks
12 April 2023
Appendix
2044402 (International Registration No. 1489789)
Class 35

Business consultancy and advisory services; business strategy development services; business management consulting; business management and organization consultancy; business project management; project studies for businesses; business organisation consulting; business management; business administration; professional business consulting; business acquisitions consultation; advisory services relating to data processing; consultancy and advisory services in the field of business strategy; advisory services relating to business planning; consultancy services regarding business strategies; advisory services relating to market research; business management and enterprise organization consultancy; consultancy services regarding business strategies; consultancy in relation to technological aspects of public relations communications strategies; office functions; arranging and conducting of exhibitions for business purposes; updating and maintenance of data in computer databases; data processing verification; data search in computer files for others; outsourcing services [business assistance]; data compilation for others; all of the aforesaid services being related to technological services and none of the aforesaid services related to the field of graphic design; retail services in relation to data recorded electronically from the internet; retail services in relation to data recorded electronically; retail services in relation to recorded content; retail services in relation to cooling pads for first aid purposes; retail services in relation to first-aid boxes, filled; retail services in relation to transmitters for use in emergency communications; retail services in relation to non-electrical distress beacons; retail services in relation to emergency light bars for vehicles; retail services in relation to engines and motors for model vehicles, aircraft and boats; retail services in relation to actuating mechanisms for operating aircraft flaps; retail services in relation to actuating mechanisms for operating aircraft flaps; retail services in relation to computers for managing control devices for aircraft; retail services in relation to aircraft landing guidance apparatus; retail services in relation to brake linings for aircraft landing gear; retail services in relation to inner tubes [for aircraft wheel tires]; retail services in relation to tires for aircraft landing gear wheels; retail services in relation to compensating cylinders for the braking systems of airborne vehicles; retail services in relation to geared electric motors for aircraft; retail services in relation to fuel for aircraft/ships; retail services in relation to power transmission couplings for aircraft; retail services in relation to fuselages [aircraft parts]; retail services in relation to landing gear [aircraft parts]; retail services in relation to cranks [parts of machines]; retail services in relation to differential gear mechanisms for air vehicles; retail services in relation to spline shank bits [parts of gearing for aircraft]; retail services in relation to buoyancy bags adapted for use with aircraft; retail services in relation to aeronautical engines; retail services in relation to lighting installations for air vehicles; retail services in relation to structural parts for aircraft; retail services in relation to running lights for aircraft; retail services in relation to hoods for aircraft; retail services in relation to brakes for aircraft; retail services in relation to starting couplings for air vehicles; retail services in relation to aerofoils for air vehicles; retail services in relation to drive chains for driving aircraft; retail services in relation to wheels for aircraft; retail services in relation to spoilers for air vehicles; retail services in relation to propellers for air vehicles; retail services in relation to glass panels for aircraft; retail services in relation to insulation for aircraft; retail services in relation to bodies for aircraft; retail services in relation to alarm systems for aircraft; retail services in relation to power transmissions for aircraft; retail services in relation to power transmissions for aircraft; retail services in relation to fuel tanks for aircraft; retail services in relation to aviation drive trains; retail services in relation to alternating current motors for airborne vehicles; retail services in relation to differential gear mechanisms for air vehicles; retail services in relation to articulated transmissions for aircraft; retail services in relation to blades for aircraft turbines; retail services in relation to monocoque structures for aircraft; retail services in relation to tyres for aircraft; retail services in relation to tyres for aircraft; retail services in relation to camshafts for air vehicles; retail services in relation to combustion engines for aircraft; retail services in relation to gearing for air vehicles; retail services in relation to gas turbine engines for air vehicles; retail services in relation to aircraft landing wheels; retail services in relation to transmission shafts for air vehicles; retail services in relation to transmissions for air vehicles; retail services in relation to aircraft; wholesale services in relation to data recorded electronically from the internet; wholesale services in relation to data recorded electronically; wholesale services in relation to recorded content; wholesale services in relation to cooling pads for first aid purposes; wholesale services in relation to first-aid boxes, filled; wholesale services in relation to transmitters for use in emergency communications; wholesale services in relation to non-electrical distress beacons; wholesale services in relation to emergency light bars for vehicles; wholesale services in relation to engines and motors for model vehicles, aircraft and boats; wholesale services in relation to actuating mechanisms for operating aircraft flaps; wholesale services in relation to actuating mechanisms for operating aircraft flaps; wholesale services in relation to computers for managing control devices for aircraft; wholesale services in relation to aircraft landing guidance apparatus; wholesale services in relation to brake linings for aircraft landing gear; wholesale services in relation to inner tubes [for aircraft wheel tires]; wholesale services in relation to tires for aircraft landing gear wheels; wholesale services in relation to compensating cylinders for the braking systems of airborne vehicles; wholesale services in relation to geared electric motors for aircraft; wholesale services in relation to fuel for aircraft/ships; wholesale services in relation to power transmission couplings for aircraft; wholesale services in relation to fuselages [aircraft parts]; wholesale services in relation to landing gear [aircraft parts]; wholesale services in relation to cranks [parts of machines]; wholesale services in relation to differential gear mechanisms for air vehicles; wholesale services in relation to spline shank bits [parts of gearing for aircraft]; wholesale services in relation to buoyancy bags adapted for use with aircraft; wholesale services in relation to aeronautical engines; wholesale services in relation to lighting installations for air vehicles; wholesale services in relation to structural parts for aircraft; wholesale services in relation to running lights for aircraft; wholesale services in relation to hoods for aircraft; wholesale services in relation to brakes for aircraft; wholesale services in relation to starting couplings for air vehicles; wholesale services in relation to aerofoils for air vehicles; wholesale services in relation to drive chains for driving aircraft; wholesale services in relation to wheels for aircraft; wholesale services in relation to spoilers for air vehicles; wholesale services in relation to propellers for air vehicles; wholesale services in relation to glass panels for aircraft; wholesale services in relation to insulation for aircraft; wholesale services in relation to bodies for aircraft; wholesale services in relation to alarm systems for aircraft; wholesale services in relation to power transmissions for aircraft; wholesale services in relation to power transmissions for aircraft; wholesale services in relation to fuel tanks for aircraft; wholesale services in relation to aviation drive trains; wholesale services in relation to alternating current motors for airborne vehicles; wholesale services in relation to differential gear mechanisms for air vehicles; wholesale services in relation to articulated transmissions for aircraft; wholesale services in relation to blades for aircraft turbines; wholesale services in relation to monocoque structures for aircraft; wholesale services in relation to tyres for aircraft; wholesale services in relation to camshafts for air vehicles; wholesale services in relation to combustion engines for aircraft; wholesale services in relation to gearing for air vehicles; wholesale services in relation to gas turbine engines for air vehicles; wholesale services in relation to aircraft landing wheels; wholesale services in relation to transmission shafts for air vehicles; wholesale services in relation to transmissions for air vehicles; wholesale services in relation to aircraft; none of the aforesaid services being in the fields of corporate identity, corporate design, visual communication.
Class 38

Telecommunication services; consultancy in the field of telecommunications; internet communication; communications by cellular phones; data transmission; data communication by electronic means; data broadcasting services; electronic communications for data transmission, all of the aforesaid services being technological services and none of the aforesaid services in the field of graphic design; none of the aforesaid services being in the fields of corporate identity, corporate design, visual communication.
Class 42

Scientific and technological services; industrial research; engineering consultancy services; preparation of data processing programmes; engineering services; process monitoring for quality assurance; scientific research; technical testing services; development and testing of software; quality control; engineering testing; quality audits; quality control; surveying; technological planning services; technical project planning; technical measuring; research, development, design and upgrading of computer software; design and development of computer hardware; research and development for others; computer software consultancy; engineering testing; development of testing methods; new products (testing of -); testing, analysis and evaluation of the goods and services of others for the purpose of certification; certification [quality control]; engineering project management services; development of systems for the transmission of data; design and development of operating system software; development of computer database software; safety technological testing services; computer programming services for electronic data security; design and development of internet security programs; consultancy and information services relating to information technology architecture and infrastructure; cloud computing; consulting in the field of cloud computing networks and applications; computer services for the analysis of data; technical data analysis, all of the aforesaid services being technological services and none of the aforesaid services in the field of graphic design; none of the aforesaid services being in the fields of corporate identity, corporate design, visual communication.
2081876 (International Registration No. 1525930)
Class 9
Surveying apparatus and instruments; audiovisual receivers; film recording apparatus; liquid crystal displays; flat panel display screens; television tuners; video phones; electro-optical instruments for use in inspection and measurement of industrial components; weighing apparatus and instruments; teaching robots; radio transmitters; radio transceivers; photographic cameras; scientific measuring instruments, namely, conductivity meters; apparatus and instruments for physics, namely, accelerometers, ammeters, gravimeters, mobile radio measuring devices; electrical controlling devices; apparatus and instruments for conveying, distributing, transforming, storing, regulating or controlling electric current; cables, electric; electronic navigational and positioning apparatus and instruments; air traffic control radio equipment; antenna parameter measuring apparatus; multimedia projectors; in-flight testing equipment; electronic testing equipment, namely, telecommunication line integrity testing apparatus; electronic and optical communications instruments and components, namely, communication link testers for testing communication links; emergency led signalling flares; rescue laser signalling flares; data processing apparatus; electrical adapters; plug-in connectors; electrical plugs; telecommunications transmitters; telecommunication base stations; mobile telephones; devices for wireless radio transmission; wireless communication devices for voice, data or image transmission; apparatus for recording, transmission, processing and reproduction of sound, images or data; radio signal tuners; switches, electric; hands-free kits for telephones; video telephones; transmitting and receiving apparatus for radio broadcasting; sound and picture recording apparatus; transmitting and receiving apparatus for television broadcasting; apparatus for recording, transmission and reproduction of images; computers; electronic components for computers; downloadable software for processing images, graphics and text; computer operating programs, recorded; downloadable computer software for measuring devices in respect to vehicles; recorded computer software for measuring devices in respect to vehicles; downloadable computer software for process analysis; recorded computer software for process analysis; downloadable computer software for data analysis; recorded computer software for data analysis; blank digital storage media; prerecorded exercise DVDs; prerecorded USB flash drives featuring music, video, sound and data; subscribed identity module (SIM) cards for cellular telephones; batteries; batteries, electric, for vehicles; accumulators, electric; chargers for electric batteries; emergency warning lights; testing apparatus not for medical purposes, namely for testing mobile communication networks, automotive systems, entertainment systems; megaphones; life jackets; life-saving rafts; life saving apparatus and equipment, namely, life rafts, life jackets; fire extinguishers; fire-extinguishing systems; recorded computer operating software; downloadable computer software for database management; none of the aforesaid goods in the fields of music or electronic payment services, in particular not in the field of credit, debit, payment or cash dispenser cards and other payment card services; the aforementioned goods in each case only in the fields of management consultancy, engineering services, industrial automation, automotive, utility and telecommunication networks, energy conversion, healthcare digitization, machinery, robotics, artificial intelligence, aerospace, and defense.

Class 35
Business consultancy and advisory services; business strategy development services; business management consulting; business management and organization consultancy; business project management; project studies for businesses; business organisation consulting; business management; business administration; professional business consulting; business acquisitions consultation; advisory services relating to data processing; consultancy and advisory services in the field of business strategy; advisory services relating to business planning; consultancy services regarding business strategies; advisory services relating to market research; business management and enterprise organization consultancy; consultancy services regarding business strategies; consultancy in relation to technological aspects of public relations communications strategies; office functions; arranging and conducting of exhibitions for business purposes; updating and maintenance of data in computer databases; data processing verification; data search in computer files for others; outsourcing services [business assistance]; data compilation for others; all the aforesaid services being technology-related services and none in the field of graphic design or music; retail services in relation to data recorded electronically from the Internet; retail services in relation to data recorded electronically; retail services in relation to recorded content; retail services in relation to cooling pads for first aid purposes; retail services in relation to first-aid boxes, filled; retail services in relation to transmitters for use in emergency communications; retail services in relation to non-electrical distress beacons; retail services in relation to emergency light bars for vehicles; retail services in relation to engines and motors for model vehicles, aircraft and boats; retail services in relation to actuating mechanisms for operating aircraft flaps; retail services in relation to actuating mechanisms for operating aircraft flaps; retail services in relation to computers for managing control devices for aircraft; retail services in relation to aircraft landing guidance apparatus; retail services in relation to brake linings for aircraft landing gear; retail services in relation to inner tubes [for aircraft wheel tires]; retail services in relation to tires for aircraft landing gear wheels; retail services in relation to compensating cylinders for the braking systems of airborne vehicles; retail services in relation to geared electric motors for aircraft; retail services in relation to fuel for aircraft/ships; retail services in relation to power transmission couplings for aircraft; retail services in relation to fuselages [aircraft parts]; retail services in relation to landing gear [aircraft parts]; retail services in relation to cranks [parts of machines]; retail services in relation to differential gear mechanisms for air vehicles; retail services in relation to spline shank bits [parts of gearing for aircraft]; retail services in relation to buoyancy bags adapted for use with aircraft; retail services in relation to aeronautical engines; retail services in relation to lighting installations for air vehicles; retail services in relation to structural parts for aircraft; retail services in relation to running lights for aircraft; retail services in relation to hoods for aircraft; retail services in relation to brakes for aircraft; retail services in relation to starting couplings for air vehicles; retail services in relation to aerofoils for air vehicles; retail services in relation to drive chains for driving aircraft; retail services in relation to wheels for aircraft; retail services in relation to spoilers for air vehicles; retail services in relation to propellers for air vehicles; retail services in relation to glass panels for aircraft; retail services in relation to insulation for aircraft; retail services in relation to bodies for aircraft; retail services in relation to alarm systems for aircraft; retail services in relation to power transmissions for aircraft; retail services in relation to power transmissions for aircraft; retail services in relation to fuel tanks for aircraft; retail services in relation to aviation drive trains; retail services in relation to alternating current motors for airborne vehicles; retail services in relation to differential gear mechanisms for air vehicles; retail services in relation to articulated transmissions for aircraft; retail services in relation to blades for aircraft turbines; retail services in relation to monocoque structures for aircraft; retail services in relation to tyres for aircraft; retail services in relation to tyres for aircraft; retail services in relation to camshafts for air vehicles; retail services in relation to combustion engines for aircraft; retail services in relation to gearing for air vehicles; retail services in relation to gas turbine engines for air vehicles; retail services in relation to aircraft landing wheels; retail services in relation to transmission shafts for air vehicles; retail services in relation to transmissions for air vehicles; retail services in relation to aircraft; wholesale services in relation to data recorded electronically from the Internet; wholesale services in relation to data recorded electronically; wholesale services in relation to recorded content; wholesale services in relation to cooling pads for first aid purposes; wholesale services in relation to first-aid boxes, filled; wholesale services in relation to transmitters for use in emergency communications; wholesale services in relation to non-electrical distress beacons; wholesale services in relation to emergency light bars for vehicles; wholesale services in relation to engines and motors for model vehicles, aircraft and boats; wholesale services in relation to actuating mechanisms for operating aircraft flaps; wholesale services in relation to actuating mechanisms for operating aircraft flaps; wholesale services in relation to computers for managing control devices for aircraft; wholesale services in relation to aircraft landing guidance apparatus; wholesale services in relation to brake linings for aircraft landing gear; wholesale services in relation to inner tubes [for aircraft wheel tires]; wholesale services in relation to tires for aircraft landing gear wheels; wholesale services in relation to compensating cylinders for the braking systems of airborne vehicles; wholesale services in relation to geared electric motors for aircraft; wholesale services in relation to fuel for aircraft/ships; wholesale services in relation to power transmission couplings for aircraft; wholesale services in relation to fuselages [aircraft parts]; wholesale services in relation to landing gear [aircraft parts]; wholesale services in relation to cranks [parts of machines]; wholesale services in relation to differential gear mechanisms for air vehicles; wholesale services in relation to spline shank bits [parts of gearing for aircraft]; wholesale services in relation to buoyancy bags adapted for use with aircraft; wholesale services in relation to aeronautical engines; wholesale services in relation to lighting installations for air vehicles; wholesale services in relation to structural parts for aircraft; wholesale services in relation to running lights for aircraft; wholesale services in relation to hoods for aircraft; wholesale services in relation to brakes for aircraft; wholesale services in relation to starting couplings for air vehicles; wholesale services in relation to aerofoils for air vehicles; wholesale services in relation to drive chains for driving aircraft; wholesale services in relation to wheels for aircraft; wholesale services in relation to spoilers for air vehicles; wholesale services in relation to propellers for air vehicles; wholesale services in relation to glass panels for aircraft; wholesale services in relation to insulation for aircraft; wholesale services in relation to bodies for aircraft; wholesale services in relation to alarm systems for aircraft; wholesale services in relation to power transmissions for aircraft; wholesale services in relation to power transmissions for aircraft; wholesale services in relation to fuel tanks for aircraft; wholesale services in relation to aviation drive trains; wholesale services in relation to alternating current motors for airborne vehicles; wholesale services in relation to differential gear mechanisms for air vehicles; wholesale services in relation to articulated transmissions for aircraft; wholesale services in relation to blades for aircraft turbines; wholesale services in relation to monocoque structures for aircraft; wholesale services in relation to tyres for aircraft; wholesale services in relation to camshafts for air vehicles; wholesale services in relation to combustion engines for aircraft; wholesale services in relation to gearing for air vehicles; wholesale services in relation to gas turbine engines for air vehicles; wholesale services in relation to aircraft landing wheels; wholesale services in relation to transmission shafts for air vehicles; wholesale services in relation to transmissions for air vehicles; wholesale services in relation to aircraft; none of the aforesaid services in the fields of corporate identity, corporate design, visual communication, music and electronic payment services, in particular credit, debit, payment or cash dispenser cards and other payment card services.
Class 38
Telecommunication services; consultancy in the field of telecommunications; Internet communication; communications by cellular phones; data transmission; data communication by electronic means; data broadcasting services; electronic communications for data transmission; all the aforesaid services being technology-related services and none in the field of graphic design or music or electronic payment services, in particular credit, debit, payment or cash dispenser cards and other payment card services; none of the aforesaid services being in the fields of corporate identity, corporate design, visual communication.
Class 42
Scientific and technological services; industrial research; engineering consultancy services; preparation of data processing programmes; engineering services; process monitoring for quality assurance; scientific research; technical testing services; development and testing of software; quality control; engineering testing; quality audits; quality control; surveying; technological planning services; technical project planning; technical measuring; research, development, design and upgrading of computer software; design and development of computer hardware; research and development for others; computer software consultancy; engineering testing; development of testing methods; new products (testing of -); testing, analysis and evaluation of the goods and services of others for the purpose of certification; certification [quality control]; engineering project management services; development of systems for the transmission of data; design and development of operating system software; development of computer database software; safety technological testing services; computer programming services for electronic data security; design and development of Internet security programs; consultancy and information services relating to information technology architecture and infrastructure; cloud computing; consulting in the field of cloud computing networks and applications; computerised analysis of data; technical data analysis, all of the aforesaid services being technological services and none of the aforesaid services in the field of graphic design; none of the aforesaid services being in the fields of corporate identity, corporate design, visual communication or music or electronic payment services, in particular credit, debit, payment or cash dispenser cards and other payment card services; the aforementioned services in each case only in the fields of management consultancy, engineering services, industrial automation, automotive, utility and telecommunication networks, energy conversion, healthcare digitization, machinery, robotics, artificial intelligence, aerospace, and defense.

[2023] ATMO 47

12 April 2023

Key Legal Topics

Areas of Law

Commercial Law

Intellectual Property

Legal Concepts

Costs

Remedies

Statutory Construction