Volvo Trademark Holding Aktiebolag v 3VOLV Pty Ltd as Trustee for the 3VOLV Trust

[2018] ATMO 8

TRADE MARKS ACT 1995

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

Re:Opposition by Volvo Trademark Holding Aktiebolag to registration of trade mark applications 1712002 (39) – 3VOLV and 1712004 (39) – 3VOLV (Fancy) – filed in the name of 3VOLV Pty Ltd as trustee for the 3VOLV Trust

Delegate:

Nicholas Smith

Decision:

2017 ATMO 8

Trade Marks Act 1995 (Cth) - Section 52 opposition: ss 42(b), 44 and 60 considered – none established – trade marks to proceed to registration

Background

1.  This decision concerns oppositions brought by Volvo Trademark Holding Aktiebolag (‘Opponent’) pursuant to s 52 of the Trade Marks Act 1995 (Cth) (‘Act’) to the registration of the trade marks (collectively ‘Trade Marks’) which are the subject of the applications detailed below in the name of 3VOLV Pty Ltd as trustee for the 3VOLV Trust (‘Applicant’): 

Application Number:	1712002
Filing Date:	5 August 2015
Services:	Class 39: Hire of road transport; Hire of transport vehicles; Passenger transport; Passenger transportation services; Transport; Transport by land; Transport by road; Transport of passengers; Transport of persons; Transportation by land; Transportation by road; Transportation of passengers; Transportation of people (‘Applicant’s Services’)
Trade Mark:	3VOLV	(‘Word Mark’)
Application Number:	1712004
Filing Date:	5 August 2015
Services:	Class 39: Hire of road transport; Hire of transport vehicles; Passenger transport; Passenger transportation services; Transport; Transport by land; Transport by road; Transport of passengers; Transport of persons; Transportation by land; Transportation by road; Transportation of passengers; Transportation of people
Trade Mark:	(‘Fancy Mark’)

2.  Following the advertisements on 7 January 2016 in the Australian Official Journal of Trade Marks of the Trade Marks’ acceptances for possible registration, the Opponent filed Notices of Intention to Oppose on 7 March 2016.  The Opponent then filed a Statement of Grounds and Particulars (‘SGP’) in respect of both marks on 7 April 2016. The SGP raised grounds of opposition under ss 42(b), 44, 60 and 62A of the Act. The Applicant filed a Notice of Intention to Defend, again in respect of both Trade Marks, on 18 May 2016.

Evidence

3.  The Opponent initially filed Evidence in Support of its oppositions (‘EIS’) on 15 September 2016 consisting of a Declaration of Monica Dempe, Managing Director of the Opponent made on 14 September 2016, with Exhibits MD-1 to MD-30, including Confidential Exhibits MD-16 to MD-21 and MD-25 and 26 (‘Dempe 1’) and a Declaration of Monica Dempe made on 15 September 2016, with Confidential Exhibit 1 (‘Dempe 2’). 

4.  On 21 September 2016 the Opponent filed a further declaration of Jenny Baker, Trade Marks Attorney and Senior Associate with the Opponent’s representatives, with Confidential Exhibit JB-1 (‘Baker Declaration’).  The Baker Declaration was filed out of time however the Opponent subsequently sought and obtained an extension of time, noting that the purpose of the Baker Declaration was simply to correct an error subsequently identified in Dempe 1.  The Applicant chose not to file any evidence in answer.

5.  Once the time allowed for filing evidence had ended the parties were given an opportunity to request a hearing or to file written submissions.  Neither party chose to avail themselves of these opportunities at that time.  By letter issuing from IP Australia on 26 April 2017 the parties were notified that as neither party had requested a hearing the matter would be given to a delegate of the Registrar for a decision based on the written record.  The letter indicated that the parties had one month from the date of the letter to file any written submissions they wished to reply upon.  The Opponent filed written submissions in respect of both oppositions on 25 May 2017 (‘Opponent’s Submissions’).

6. I am a delegate of the Registrar of Trade Marks and I am to decide the oppositions as required by s 55 of the Act which provides that, unless the proceedings are discontinued, dismissed, or have lapsed under s 54A the Registrar must, at the end, decide on the basis of the written record, comprised of the materials mentioned in the preceding paragraphs:

(a)to refuse to register one or both of the Trade Marks; or

(b)to register one or both of the Trade Marks (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 applications were opposed have been established.

The Opponent

7.  The Opponent is a holding company that owns the various trade marks consisting of or containing the word ‘VOLVO’ worldwide and licenses those marks to Aktiebolaget Volvo and Volvo Car Corporation for use in their respective businesses.  For the purposes of this decision I will refer to Aktiebolaget Volvo, Volvo Car Corporation and their respective subsidiaries as the ‘Volvo Group’ and when I refer to the use of a mark owned by the Opponent, I include use by the Volvo Group. 

8.  The Opponent is the registered owner of the Australian trade marks set out in the table at Annex 1 (‘Opponent’s Trade Marks’).  The goods and services for which the Opponent’s Trade Marks are registered are collectively referred to as the (‘Opponent’s Goods and Services’).  Each of the marks that consist of the word ‘VOLVO’ by itself are referred to collectively as the (‘VOLVO Mark(s)’). 

9.  Dempe 1 and 2 contain the following claims/statements:

·     The Volvo Group is one of the world’s leading designers and manufacturers of cars, car parts, car accessories, trucks, buses, and construction equipment, engines and drive systems for marine and industrial applications and related accessories.  The VOLVO Mark was first used in 1915 by Aktiebolaget Volvo.

·     The Opponent is the owner of the Opponent’s Trade Marks and is the registrant of various similar marks worldwide. 

·     The VOLVO Mark was first used in relation to cars in Sweden in 1927 and Australia in 1961.  Volvo-branded cars, car parts and accessories are sold through a network of 24 authorised dealers and service locations.  Volvo also sells trucks, buses, construction equipment, marine and industrial engines and financial services in Australia.  Sales of products branded with the Opponent’s Trade Marks in Australia are significant. 

·     The Opponent’s Trade Marks and the VOLVO Mark in particular have been extensively advertised in Australia and throughout the world.  The Opponent’s Trade Marks are used on goods, services, packaging, labelling brochures, specification sheets, engines, parts and signage.  The Volvo Group has incurred very significant expenses in marketing its goods and services globally and in Australia under the Opponent’s Trade Marks.  The Volvo Group promotes its goods and services including through print, television, the internet and other social media platforms.  The Volvo Group has since the 1970s sponsored a large number of sporting and cultural events and sporting teams, including the Volvo Ocean Race, the Queensland Reds, NSW Waratahs (rugby union teams) and Sydney Flames (women’s basketball team). 

·     As a result of the extensive reputation built up in the VOLVO Mark from the over 50 years of sales and advertising in Australia the use of the Trade Marks are likely to deceive or confuse.  In particular the presence of ‘volv’ in the Trade Marks are likely to cause consumers to think of them as variants of the VOLVO Mark and that the Applicant or its services are in some way connected to the Opponent.

The Applicant

1. The Applicant has provided no evidence and, therefore, I am unable to provide any information about the Applicant and any use of the Trade Marks by it.   

Grounds of Opposition, Onus and Standard of Proof

1. As indicated above in the SGP the Opponent nominated grounds of opposition under ss 42(b), 44, 60 and 62A however in its submissions indicated that it would only be pressing the grounds under ss 42(b), 44 and 60. To successfully oppose the application the Opponent needs to establish at least one of those grounds.

2. The onus of proof in an opposition rests upon the Opponent.[1]  The relevant standard of proof is the ordinary civil standard based on the balance of probabilities.[2] The date at which the rights of the parties are to be determined is 5 August 2015, being the filing date of the application in Australia (except in circumstances, not present here in which a different priority date is provided for in the Act).[3]

   [1] Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, [32].

   [2] Following Pfizer Products Inc v Karam (2006) 70 IPR 599, [6]-[26], and Telstra Corporation Limited v Phone Directories Company Pty Ltd [2015] FCAFC 156, [133].

   [3] Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592, 595; see also s 29(1) Trade Marks Act 1995 (Cth).

Discussion

Section 44

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

Section 44 - Identical etc. trade marks

1. …

2. Subject to subsections (3) and (4), 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)it is substantially identical with, or deceptively similar to:

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

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

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

Note 1: For deceptively similar see section 10.

Note 2: For similar services see subsection 14(2).

Note 3: For priority date see section 12.

Note 4: The regulations may provide that an application must also be rejected if the trade mark is substantially identical with, or deceptively similar to, a protected international trade mark or a trade mark for which there is a request to extend international registration to Australia: see Part 17A.

1. If the Registrar in either case is satisfied:

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

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

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

   Note:  For limitations see section 6.

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

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

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

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

   (b)ending on the priority date for the registration of the applicant's trade mark;

   the Registrar may not reject the application because of the existence of the other trade mark.

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

   Note 2: For predecessor in title see section 6.

   Note 3: For priority date see section 12.

   Section 10 - Definition of deceptively similar

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

3. To successfully oppose the application pursuant to s 44 of the Act the Opponent must establish the requirements of s 44(2), i.e. that at least one of the trade marks upon which it relies:

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

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

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

4. Even if the Opponent establishes the requirements of s 44(2) it may be possible for the Registrar to accept the application if the Registrar is satisfied that there has been honest concurrent use, other circumstances or that the Applicant has continuously used the trade mark beginning before the priority date of the Opponent’s relied upon mark, pursuant to ss 44(3) and s44(4) of the Act however as the Applicant has filed no evidence and made no submissions in respect of ss 44(3) and s44(4) of the Act I do not need to consider this.

5. The Opponent has particularised the ground of opposition in the SGP by reference to the Opponent’s Trade Marks, however for the purposes of this ground I need only to consider the VOLVO Mark that with the registration number 426880 (‘880 Mark’). Each of the remaining Opponent’s Trade Marks incorporates additional elements rendering them substantially less similar to the Word Mark than the 880 Mark or are registered for a range of goods and services that do not correspond with the Applicant’s Services as closely as the services for which the 880 Mark is registered. Equally, as the Fancy Mark has the same priority date, is sought to be registered for the same goods but is less similar to the Opponent’s Trade Marks than the Word Mark, and since I conclude below that the Opponent has failed to establish the ground of opposition under s44 to the Word Mark, I have necessarily reached the same conclusion with respect to the Fancy Mark.

6. The 880 Mark has a priority date that is earlier than the priority date of the Trade Marks.  The first requirement is satisfied. 

7. I find that the 880 Mark is registered for similar services to the Applicant’s Services since both the 880 Mark and the Word Mark are registered for services in class 39 that are broadly categorised as transport services and services relating to the leasing of vehicles.  The third requirement is satisfied.  It is therefore necessary to consider whether the Word Mark is substantially identical or deceptively similar to the 880 Mark.

Substantially identical or deceptively similar

1. The Opponent does not press its claim that the Opponent’s Trade Marks are substantively identical to the Word Mark and the interests of completeness I find that the Opponent’s Trade marks are not substantively identical to the Word Mark.  I now consider whether the Word Mark is deceptively similar to the 880 Mark. 

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

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

   Therefore the comparison is the familiar one of trade mark law. It is between, on the one hand, the impression based on recollection of the plaintiff’s mark that persons of ordinary intelligence and memory would have; and, on the other hand, the impressions that such persons would get from the defendant’s [trade mark].[4]

   [4] Ibid, 416.

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

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

   First, the judgment of likelihood of deception is a practical one. It requires an assessment of the effect of the challenged mark on the minds of potential customers: Woolworths[5] at [49]; Australian Woollen Mills[6] at 658.

   Second, the question of deceptive similarity is not to be decided by a side-by-side comparison. It is to be determined by a comparison of the impression based on recollection of the opponent’s mark that persons of ordinary intelligence and memory would have, and the impression that those persons would get from the opposed trade mark: Crazy Ron’s[7] at [73]; Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66; (1963) 109 CLR 407 at 415 per Windeyer J.

   Third, allowance must be made for imperfect recollection: Crazy Ron’s at [74].

   Fourth, the effect of the spoken description must be considered: Woolworths at [49]; Crazy Ron’s at [75]; Australian Woollen Mills at 658.

   Fifth, it is necessary to show a real tangible danger of deception or confusion: Woolworths at [43] and [50]; Crazy Ron’s at [76]; Southern Cross Refrigerating[8] at 594 – 595.

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

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

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

   Ninth, if a registered trade mark includes words which can be regarded as an ‘essential feature’ of the mark, another mark that incorporates those words may cause a tangible danger of deception or confusion by reason of consumers retaining an imperfect recollection of those words: Crazy Ron’s at [79]. However, care must be taken to not too readily characterise words in a composite trade mark as an ‘essential feature’ because to do so may effectively convert a composite mark into something different: Crazy Ron’s at [100].[9]

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

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

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

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

   [9] [2012] FCA 1022, [38]-[46].

4. The Opponent submits that the shared string of letters, being ‘volv’ creates an overall impression of similarity between the Word Mark and the VOLVO Mark[10].  It further submits that, notwithstanding the inclusion of the number ‘3’ in the Word Mark, the presence of the uncommon string ‘volv’ is likely to form an impression on consumers’ minds which would lead to confusion.

   [10] The Opponent’s Submissions do not directly refer to the 880 Mark at any point, rather they refer to various other marks owned by the Opponent that are of less assistance to the Opponent then the 880 Mark, which is listed in the SGP.  As the 880 Mark consists of the word ‘VOLVO’ the submissions remain relevant and applicable to any comparison between the 880 Mark and the Word Mark.

1. I do not accept the Opponent’s Submissions on this point.  While the marks do share the string ‘volv’, the overall visual, aural and conceptual impression is quite different. 

2. The element of the Word Mark that most strongly strikes the eye and fixes itself in the recollection is the number ‘3’.  This number is located at the beginning of the Word Mark and is followed by string of letters with no particular meaning.  The presence of the 3 creates a considerable visual dissimilarity between the marks, further amplified by the absence of the second letter ‘o’ featured in the VOLVO Mark. 

3. The effect of the absence of the second letter ‘o’ can be seen when considering the aural dissimilarity between the Word Mark and 880 Mark.  Each of the marks would be spoken aloud as two (or three) syllables, but the absence of the second ‘o’ means that the Word Mark would be spoken as ‘three-volve’ or ‘three-vol-vee’, while the VOLVO Mark is spoken as ‘vol-vo’.  At most the marks share one syllable, located in different parts of the respective marks.

4. I note that the number ‘3’ could be read as a backwards ‘e’, evoking the word ‘evolve’ but this does not assist the Opponent as ‘evolv(e)’ and the 880 Mark are very different conceptually, visually and aurally.

5. Finally there is no obvious conceptual similarity between the Word Mark and 880 Mark.  There does not appear to be any particular meaning in the VOLVO Mark, nor is there any in ‘volv’.  The number ‘3’ however has a distinct meaning and one that a viewer would fixate on when considering and recalling the Word Mark.  I find that as a result of the significant visual, aural and conceptual differences between the marks when considered as a whole, even allowing for imperfect recollection, it is in my view unlikely that the use of the Word Mark will deceive or cause confusion because of any similarity it has to the 880 Mark.

6. I find that the Opponent has failed to establish the ground of opposition under s 44 with respect to the Word Mark. As noted in paragraph 16 above, this conclusion necessarily extends to the Fancy Mark.

Section 60

1. Section 60 of the Act is reproduced below:

   Section 60 - Trade mark similar to trade mark that has acquired a reputation in Australia

   The registration of a trade mark in respect of particular goods or services may be opposed on the ground that:

   (a)another trade mark had, before the priority date for the registration of the first‑mentioned trade mark in respect of those goods or services, acquired a reputation in Australia; and

   (b)because of the reputation of that other trade mark, the use of the first‑mentioned trade mark would be likely to deceive or cause confusion.

2. To establish a ground of opposition under s 60 an opponent must demonstrate that as at the relevant date there was another trade mark which had acquired a reputation in Australia amongst a significant or substantial number of persons in the relevant market such that use of the Trade Marks would be likely to deceive or cause confusion.[11]

   [11] The present paragraph and the following paragraphs summarizing the requirements under s 60 of the Act are paraphrased from the decision of the Registrar’s Delegate in Australian Boutique Markets Pty Ltd v Rachael Zelensky and Jeffrey Zelensky [2013] ATMO 97.

3. In McCormick & Co Inc v McCormick, Kenny J considered what is intended by the word ‘reputation’ as used in s 60. Her Honour had consulted the Macquarie Dictionary and on the basis of the definition provided concluded that it was ‘the recognition of the [trade mark] by the public generally’.[12]  Her Honour quoted with approval the following words of Lockhart J in Re ConAgra Inc v McCain Foods (Aust) Pty Ltd:

   [R]eputation within the jurisdiction may be proved by a variety of means including advertisements on television or radio, or in magazines and newspapers within the forum. It may be established by showing constant travel of people between other countries and the forum and that people within the forum, (whether residents there or persons simply visiting there from other countries) are exposed to the goods of the overseas owner …[13]

   [12] [2000] FCA 1335, [81].

   [13] (1992) 33 FCR 302, 343.

4. On the subject of reputation Kenny J also referred to the Hugo Boss decision, where the Registrar’s delegate observed:

   [I]t is true that the assessment of the reputation of a trade mark goes far beyond mere examination of sales or turnover of goods sold under that trade mark and contemplation of the advertising and promotional figures.

   As regards a trade mark, its reputation derives both from the quantum of sales under that mark and also its esteem, or image, projected by that trade mark. The quantum of sales, advertising and promotion contributes to the ‘recognition’ component of the trade mark’s reputation. The credit, image and values projected by a trade mark attaches to the ‘esteem’ component of the reputation as do the public events and other trader’s marks with which [the] owner of the trade marks in question chooses to associate the trade marks via sponsorships, cross-promotions, ‘contra deals’ and so forth.

   It follows that a trade mark used in relation to goods with comparatively low sales may have a high and strong reputation by virtue of the high credit or esteem in which it is held, or, conversely, that a trade mark which has very high sales may have a strong reputation notwithstanding the lack of esteem that attaches to it. The particular popular images, or sets of values, that attach to the trade mark are also, therefore, important parts of the reputation of the trade mark and may be as strong an associative force in the minds of the public as the association of the trade marks with the goods or services themselves.[14]

   [14] Hugo Boss AG v Jackson International Trading Co Kurt D Bruhl Gesellschaft MbH & Co KG (1999) 47 IPR 423, 426.

5. As stated above, in assessing reputation under s 60, what constitutes a significant or substantial number of persons in the relevant market must be considered. The case of Le Cordon Bleu BV v Cordon Bleu International Ltee[15] was decided under s 28(a) of the (now repealed) Trade Marks Act 1955.  That provision did not refer to ‘reputation’ at all, only that use of the impugned trade mark would be ‘likely to deceive or cause confusion’.  Nevertheless the words of Heerey J provide some guidance:

   What is ‘significant’ or ‘substantial’ will depend on the nature of the goods or services in question. For some highly specialised products, awareness among a few thousand persons, or even less, might be sufficient … We are here concerned with foodstuffs sold in supermarkets, delicatessens, milk bars and other retail outlets. The relevant market is virtually the entire Australian population from early teenage years onwards.[16]

   [15] (2000) 50 IPR 1.

   [16] Ibid 20. Heerey J’s decision was overturned on appeal to the Full Federal Court, although not on the point quoted. Indeed the court specifically noted that his approach contained no error; see Renaud Cointreau v Cordon Bleu International Ltee [2001] FCA 1170, [75].

6. Furthermore, in practice, once the requisite reputation is demonstrated, the likelihood of deception or confusion increases the more closely the trade marks resemble each other.[17]

   [17] Mark Davison, Shanahan’s Australian Law of Trade Marks and Passing Off Online Westlaw AU, [50.2415] <

7. The Opponent has particularised the ground of opposition in the SGP in respect of the VOLVO Mark and states: 

   The Opponent’s VOLVO trade mark had acquired a reputation in Australia through extensive use overseas and in Australia in relation to many different goods and services including vehicles before the priority date of the applied for trade mark, such that use of the applied for mark by the Applicant would be likely to deceive or cause confusion.

8. I am satisfied on the evidence before me that the VOLVO Mark had, before the relevant date, acquired a reputation in Australia for a wide variety of goods, particularly cars, trucks, buses, construction equipment, marine engines and parts and services related to those goods. The sales, advertising and esteem in which the VOLVO Mark has been held in Australia more than satisfies the requirements under s 60(a) of the Act.

9. I am not satisfied that the VOLVO Mark had acquired a reputation as a provider of transport services at the relevant date; there is simply insufficient evidence of use of the VOLVO Mark in respect of those particular services. 

1. It is not sufficient that the Opponent merely establishes that its trade mark has a reputation; the Registrar must also be satisfied that because of that reputation the use of the Trade Marks would be likely to deceive or cause confusion. Discussions and decisions on the subjects of deception and confusion are legion and a good number provide relevant comments in relation to a consideration of deception and confusion for the purposes of s 60. In a case concerning infringement and passing off, Australian Woollen Mills Limited v F S Walton and Company Limited, Dixon and McTiernan JJ said the following:

   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 usual manner in which ordinary people behave must be the test of what confusion or deception may be expected.  Potential buyers of goods are not to be credited with any high perception or habitual caution.  On the other hand, exceptional carelessness or stupidity may be disregarded.  The course of business and the way in which the particular class of goods are sold gives, it may be said, the setting, and the habits and observations of men considered in the mass affords the standard.[18]

   [18] (1937) 58 CLR 641, 658.

2. The concepts of ‘deceive’ and ‘confuse’ were explained in the New Zealand case of Pioneer Hi-Bred Corn Co v Hyline Chicks Pty Ltd, where Richardson J said:

   ‘Deceived’ implies the creation of an incorrect belief or mental impression and ‘causing confusion’ may go no further than perplexing or mixing up the minds of the purchasing public. Where the deception or confusion alleged is as to the source of the goods, deceived is equivalent to being misled into thinking that the goods bearing the applicant's mark come from some other source and confused to being caused to wonder whether that might not be the case.[19]

   [19] [1979] RPC 410, 423 (citation omitted).

3. It is well established that the kind of confusion contemplated by s 60 need not lead to actual purchase of the goods or services covered by the impugned trade mark. As Heerey J put it in Nettlefold Advertising Pty Ltd v Nettlefold Signs Pty Ltd:

   A probability of confusion, if it is real, is sufficient even though the confusion may be unlikely to persist up to the point of, and be a factor in, inducing actual sales. There may be confusion or deception in the minds of persons to whom the mark is addressed, even if actual purchasers will not ultimately be deceived.[20]

   [20] (1997) 38 IPR 495, 501 (citations omitted). His Honour’s remarks were made in the context of s 28 of the Trade Marks Act 1955, but are no less applicable to s 60 of the current Act. The decision itself was overturned on appeal to the Full Federal Court (1998) 45 IPR 393, but not on this point.

4. In Registrar of Trade Marks vWoolworths Ltd French J highlighted the following further matters concerning confusion:

   A trade mark is likely to cause confusion if the result of its use will be that a number of persons are caused to wonder whether it might not be the case that the two products or closely related products and services come from the same source. It is enough if the ordinary person entertains a reasonable doubt. It may be interpolated that this is another way of expressing the proposition that the trade mark is likely to cause confusion if there is a real likelihood that some people will wonder or be left in doubt about whether the two sets of products or the products and services in question come from the same source.

   In considering whether there is a likelihood of deception or confusion all surrounding circumstances have to be taken into consideration. These include the circumstances in which the marks will be used, the circumstances in which the goods or services will be bought and sold and the character of the probable acquirers of the goods and services.[21]

   [21] (1999) 45 IPR 411, 428. These considerations by French J are based on principles set out by Kitto J in Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592, 594-5.

5. In Pottle Productions Inc v Rute Ithalat Ve Ihracat Anonim Sirketi the delegate observed that:

   The assessment of the likelihood of deception or confusion under section 60 is informed by the strength of the reputation of the Opponent’s trade mark(s), the inherent distinctiveness thereof, the degree of similarity between the trade marks under consideration and the nexus or connection between the goods and/or services of the parties. Each of these is a variable and it is possible that a trade mark’s reputation might be sufficiently strong and the degree of similarity to an opposed trade mark be so great (particularly where the trade marks are inherently distinctive) that confusion or deception will be a likelihood where very little, if any, nexus or connection exists between the goods and/or services under consideration.[22]

   [22] [2012] ATMO 124 at [40].

6. While it is not necessary to show that the marks are deceptively similar for the purposes of an opposition under s 60, as stated in Qantas Airways Limited v Edwards, ‘the degree of similarity between the allegedly conflicting marks will be a relevant consideration to be taken into account when considering the likelihood of confusion resulting from use of the opposed mark.’[23]

   [23] [2016] FCA 729 at [142].

7. I note that the Fancy Mark has the same priority date, is sought to be registered for the same goods but is less similar to the VOLVO Mark then the Word Mark. As such, if I conclude that the Opponent has failed to establish the ground of opposition under s 60(b) to the Word Mark, I will necessarily reach the same conclusion with respect to the Fancy Mark.

8. This is not a case where the Word Mark is being sought to be registered for the same goods and services for which the VOLVO Mark has a reputation.  While there is some connection or nexus between the Applicant’s Services and the goods including cars, trucks and buses for which the VOLVO Mark has a reputation in, the manner in which a consumer obtains transport services, hires or leases a vehicle from the Applicant is significantly different from the manner in which the consumer would normally purchase a vehicle and/or related services from the Volvo Group.  I consider that the difference between the respective goods and services is a factor that would tend to reduce the likelihood of confusion.

9. Furthermore the Word Mark and the VOLVO Mark are very different.  In paragraphs 23 to 26 above I consider the Opponent’s Submissions which assert that because the respective marks share the string ‘volv’ the use of the Word Mark is likely to cause confusion.  I concluded that the presence of the strong element ‘3’ at the front of the Word Mark and the absence of the ‘o’ creates a mark that is significantly visually, aurally and conceptually different to the 880/VOLVO Mark.

10. While the reputation of the VOLVO Mark in Australia is significant and I accept that the VOLVO Mark is quite unique, because of the difference between the respective goods and services and the difference between the Word Mark and the VOLVO Mark I consider it unlikely that because of the reputation of the VOLVO Mark, the use of the Word Mark would be likely to deceive or cause confusion. I find that the Opponent has failed to establish the ground of opposition pursuant to s 60 of the Act with respect to the Word Mark. As noted in paragraph 44 above, this conclusion necessarily extends to the Fancy Mark.

Section 42

1. Section 42 of the Act is reproduced below:

   42 Trade mark scandalous or its use contrary to law

   An application for the registration of a trade mark must be rejected if:

   (a) the trade mark contains or consists of scandalous matter; or

   (b) its use would be contrary to law.

2. The Opponent pressed this ground of opposition solely on the basis that the use of the Trade Marks would be contrary to law (s 42(b)).  The onus is on the Opponent to establish that use of the Trade Marks by the Applicant would be, rather than could be, contrary to law on the balance of probabilities.[24]  The relevant time for assessing whether an application is contrary to law is at the relevant date but ‘looking forward to prospective conduct after registration’.[25]

   [24] Advantage Rent-a-Car Inc v Advantage Car Rental Pty Ltd [2001] FCA 683.

   [25] Time Warner Entertainment Co LP v Stepsam Investments Pty Ltd [2004]  59 IPR 343, 353.

3. The Opponent has particularised the ground of opposition in the SGP as follows: 

   Owing to the reputation acquired in Australia by the Opponent by way of the extensive use of its VOLVO trade mark overseas and in Australia, use of the applied for mark by the Applicant would constitute misleading or deceptive conduct in breach of section 18 of the Australian Consumer Law, and false or misleading representations in breach of Section 29(1)(g) and (h) of the Australian Consumer Law.

4. As previously stated the Opponent has failed to establish a ground of opposition under s 60 of the Act. The test for misleading or deceptive conduct under s 18 of the Australian Consumer Law (‘ACL’) is a more stringent one than that for deception or confusion under s 60,[26] and I find that the Opponent has also failed to establish that the Applicant’s use of the Word Mark or Fancy Mark would be contrary to s 18 of the ACL.

   [26] See, e.g.: Ownit Homes Pty Ltd v Ownit Conveyancing Pty Ltd [2005] ATMO 47, [36]; Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191, 198.

5. Paraphrasing the statement of the Registrar’s Delegate in A G Professional Hair Care Products Ltd v Geagroup Invest SRL[27], where a trade mark does not run afoul of s 18 of the ACL, neither will it run afoul of s 29 of the ACL. In Pacific Publications Pty Ltd v IPC Media Pty Ltd, Beaumont J considered—in connection with the superseded Trade Practices Act1974 (‘TPA’)—that ‘the Court’s conclusion on s 52 would necessarily carry with it a conclusion on s 53(c) and (d)’.[28] Sections 52 and 53 of the TPA were, respectively, the equivalent provisions to ss 18 and 29 of the ACL.

   [27] [2014] ATMO 65, [50].

   [28] [2003] FCA 104, [107].

6. For these reasons I am not satisfied that use of the Trade Marks by the Applicant would be contrary to law. Therefore, the Opponent has failed to establish the ground of opposition under s 42(b).

Decision

1. The Opponent has failed to establish any of the grounds of opposition it nominated in the SGP in respect to either of the applications.  Trade Mark application nos. 1730200 and 1712004 may proceed to registration not less than one month from the date of this decision.  If the Registrar has been served with a notice of appeal before that time, I direct that registration shall not occur until either the appeal is withdrawn or discontinued.  Otherwise the disposition of the application should be in accordance with the Court’s order or direction.

Nicholas Smith

Hearing Officer

Oppositions and Hearings

23 January 2018

Annex 1 – List of selected trademarks owned by the Applicant

Number	Trade Mark	Priority Date	Goods and Services
164628	VOLVO	18 Jan 1961	Class 12: Motor cars, engines and motors, all for motor cars, and parts of all these goods,
164629	18 Jan 1961	Class 12: Motor cars, engines and motors, all for motor cars, and parts of all these goods,
342015	VOLVO	17 Jan 1980	Class 12: Cars, buses, trucks, tractor units/prime movers, agricultural tractors, on and off road vehicles, track-laying vehicles, military vehicles, amphibious vehicles, boats; and parts and accessories for all of these items which do not pertain to other classes
352140	VOLVO	16 Oct 1980	Class 37: Service and repair of vehicles, engines/motors and machines
426880	VOLVO	14 May 1985	Class 39: Transport services; services connected with the leasing, renting and hiring of vehicles
534544	18 May 1990	Class 12: Vehicles, engines and transmissions as well as parts for these products; all the aforesaid being goods in class 12
990356	VOLVO	24 Feb 2004	Class 1: Chemicals used in industry, in particular for use in the operation, repair, servicing and maintenance of vehicles, engines/motors and machines (including drive units and construction machines), including brake fluids, fluids for hydraulic systems, antifreeze compositions, defrosting compositions, rubber and plastic cements, plastics, adhesives, compositions for repairing surfaces, sealing compositions, saturants, water-repellent and spot-repellent agents (finishers), impregnation agents; chemicals used in science and photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fertilizers; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry Class 2: Paints, varnishes, diluents and lacquers, also in spray or pen form; putty; preservatives against rust, anti-corrosive agents; coating compositions and preservatives, metal and lacquer conservation agents; preservatives against deterioration of wood; colorants, dyes; mordants, including metal mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists Class 3: Bleaching preparations and other substances for laundry use; cleaning, care, preservation, polishing, scouring and abrasive agents, in particular such for vehicles, engines/motors and machines (including drive units and construction machines), including detergents, windscreen/windshield washer fluids, wax compositions, cleaning sprays, auto shampoos, spray preservatives, interior cleaning agents, motor cleaning agents, light metal or metal alloy wheel rim care agents; soaps; perfumery, essential oils, cosmetics, hair lotions, including perfume atomisers, toilet waters, non-medicated toilet preparations, powder boxes, shaving and after-shave preparations, oils, creams and lotions for the skin; dentifrices Class 4: Industrial oils and greases, including anti-rust oils, penetrating oils (also being lubricants) and hydraulic oils; lubricants, including lock lubricants; lubricating oils; dust absorbing, wetting and binding agents; fuels (including motor spirit); solid, liquid and gaseous fuels; illuminants; candles, wicks Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; electric and electronic apparatus and instruments, including electric batteries, charging devices, battery testers, electric mountings, electric blowers; electric accumulators, electric compasses, electric circuit breakers, commutators, electric condensers, electric wiring harnesses, capacitors, relays, electronic time relays, switches, fuses, electrical contacts, electric cables, electric fuses; electric fuse boxes, electrical sensors, electrical sockets, electrical lighters, printed electrical circuits, integrated circuits; leads for electric, electronic and optical signals; cable connections, cable drums; transformers; electronic headlamp beam adjustment; sensors, detectors, switching devices/switch boxes, solar cells and solar generators; analysers for motor vehicles, namely for exhaust gas analysis, soot particle analysis, brake function analysis, diagnostic instruments and equipment for simulations, engine testers, workshop test devices; high-frequency generators, power supply devices, electric filters, semiconductor components, optoelectronic components; testing apparatus; apparatus for recording, transmission or reproduction of data, sound or images and data processing equipment and computers, including radio apparatus, video screens, tape players, loudspeakers, amplifiers, telecommunication equipment, car telephone installations, compact disc players, telematic terminals, distress signal terminals, navigation and radar terminals, traffic control systems, transport supervision system, locating devices, toll terminals for electronic toll detection in traffic, black box (accident data monitoring and recording device), auto-computers and on-board computers, calculators and pocket calculators; magnetic data carriers; computer software; computer hardware; video games, recorded and non-recorded data carriers and recording media of all kinds, including compact discs, tape cassettes; storage boxes for recording media, included in class 9; data processing equipment; highway emergency warning equipment; cleaning equipment for vehicles, engines/motors and machines (including drive units and construction machines) interference suppressors, aerials/antennas; gauges, measuring instruments and apparatus, including such for fuel, oil pressure, tyre pressure, compressed air, temperatures, amperage, speed and engine revolutions; mileage recorders, odometers, tachometers; voltage regulators, voltmeters; time recorders, rudder indicators, instrument panels and clusters, dipsticks, thermostats, signal lamps; dynamometers, brake testers, electrical and mechanical instruments and apparatus for control and testing for vehicles, engines/motors and machines (including drive units and construction machines); automatic alarm units, anti-theft warning devices, electronic anti-theft devices, including vehicle immobilizing units; electronic parking assistance systems; warning reflectors; fire extinguishing apparatus; electronic monitors and regulators for engines and motors; magnets; tape measures; thermometers; compasses; optical apparatus and instruments, including binoculars, magnifying glasses, spectacles, sun glasses and goggles, lenses for lamps sun-proof optical lenses; sun glasses and goggles, ophthalmic frames; warning triangles; clothing for protection against accidents, including footwear, special clothing as life saving equipment, workmen's protective face-shields, protective eye pieces and masks; automatic vending machines and mechanisms for coin operated apparatus; cash registers Class 14: Precious metals and their alloys and goods made from these materials (included in class 14), and jewellery and precious stones, including smokers' articles, cuff-links, tie clips, coins, medals, lapel pins, rings, model vehicles and other decorative goods; horological and chronometric instruments, including clocks and watches, travel alarm clocks Class 18: Leather and imitations of leather, and goods made of these materials (included in class 18); animal skins, hides; boxes of artificial leather, bags, baggage bags, trunks and travelling bags, handbags, sports bags, golf bags, conference folders, belts, umbrellas, pocket wallets, purses, back-packs, document cases, briefcases, card cases, cosmetic cases, suitcases, key cases, walking sticks, parasols, luggage rucksacks and knapsacks, tool kits; whips, harness and saddlery Class 21: Articles for cleaning purposes, including cleaning utensils for vehicles, in particular sponges, car wash leather, cleaning cloths and hand operated cleaning devices; steel wool; unworked and semi-worked glass (except glass used in building), including glass and safety glass for vehicles; household or kitchen utensils and vessels/containers (not of precious metals or coated therewith), including mugs, cups, cooling bags, drinking bottles, bottle openers and trays; combs and sponges; brushes (except paint brushes); brush-making materials; glassware, porcelain ware and stoneware (included in class 21) Class 25: Clothing (also outer clothing, leisure wear and sportswear), including belts, jackets, coats, pullovers, shawl, shirts, waistcoats, socks, scarves, ties, sweaters, T-shirts, overalls, coveralls, waterproof clothing, rain wear, trousers, sleep wear; headgear, including caps, hats; footwear, including casual shoes Class 27: Carpets, rugs, mats and matting, linoleum, and other floor coverings, in particular for vehicles; door mats; wall hanging (non-textile) Class 28: Games, playthings and toys, including models, scale model vehicles, plush animals, games equipment, balloons, and beach balls; decoration for Christmas trees; gymnastic and sporting articles (included in class 28) including clubs, gloves, bags and balls for golf, sports racquets, and fishing tackle Class 35: Retail services and wholesale, in particular in respect of vehicles, engines/motors and machines (including drive units and construction machines), as well as of parts, fittings and accessories for the aforesaid goods, and of tools and workshop equipment, and of merchandise products; advertising, organisation of promotional programs, office functions, business administration (including bookkeeping), business management and business management advisory services, statistics, in particular relating to the design, development, manufacture, sale, distribution, repair or maintenance of vehicles, engines/motors and machines (including drive units and construction machines), and of parts, fittings and accessories for the aforesaid Class 40: Sorting of waste and recyclable material, in particular from vehicles, engines/motors and machines (including drive units and construction machines), and from parts and accessories thereof; technical consultation in the field of recycling Class 42: Scientific and technological services and research and design relating thereto; technical consultation and preparation of expert opinions; engineering services; services in connection with research development and testing of new products; data processing, computer programming, installation, maintenance and care of computer programs, in particular in the field of technical engineering, logistics and traffic and transport telematic; information technology services; design and development of computer hardware and software; scientific research, also relating to the ocean; meteorological research; industrial analysis and research; legal services Class 43: Hotel services; restaurant and catering services; temporary accommodation; services for providing food and drink Class 45: Guard-duty services including alarming of ambulance, police, fire and rescue brigade; theft notification; stolen vehicle tracking; operation of data processing centers, service and alarm centers for transport and traffic, in particular the detection, checking (supervision), evaluation and processing of alarm messages, and signal, measuring, sound, image, video, position, movement, state and working hour data and (remote) control/automatic control of land vehicles, air vehicles an aircraft, locomotion systems, the load thereof as well as of engines/motors and machines (including drive units and construction machines)
1211455	27 Dec 2006	Class 1: Chemicals used in industry, in particular for use in the operation, repair, servicing and maintenance of vehicles, engines/motors and machines (including drive units and construction machines), including brake fluids, antifreeze, defrosting agents, rubber and plastic cements, plastics, adhesives, water-repellent and spot-repellent agents (finishers), impregnation agents, coolants for vehicle engines, coolants (anti-boil preparations for engines) chemicals used in science and photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fertilizers; fire extinguishing agents; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; solvents Class 2: Paints, varnishes, and lacquers, also in spray or pen form; oil-based putty; rust-preventive agents; surface coverings (paints) and preservatives, metal and paint conservation agents; preservatives against deterioration of wood; colorants, dyes; pickling agents, including metal pickling agents; raw natural resins; metals in foil or powder form for painters, decorators, printers and artists Class 3: Bleaching preparations and other substances for laundry use; cleaning, care, preservation, polishing, scouring and abrasive agents, in particular for vehicles, engines and machines (including drive units and construction machines), including detergents, windscreen washer fluids, liquid wax, cleaning sprays, auto shampoos, spray preservatives for leather, interior cleaning agents, engine cleaning agents, and cleaning agents and polishes for alloy or aluminium wheels; soaps; perfumes, essential oils, cosmetics, hair lotions, including toilet waters, non-medicated hygiene preparations, shaving and after-shave preparations, oils, creams and lotions for the skin; toothpastes Class 4: Industrial oils and greases, including anti-rust oils, penetrating oils (which also serve as lubricants) and hydraulic oils; oils for hydraulic systems; lubricants, including lock lubricants; lubricating oils; fuels (including petrol); solid, liquid and gaseous fuels; illuminants; candles, wicks Class 6: Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electrical wires, cables and cable terminals, and speedometer cables of common metals; iron fittings, small items of metal hardware and items made of common metals in this class in the form of locks, latches, metallic tubes, metal hoses, metal valves for pipes, pipes, pipe connections, screws, bolts, nuts, rivets, lock washers, spring washers, flat washers, chains (except drive chains for vehicles), plugs, shims, spacer rings, bushings, clamps and clips, woodruff keys, threaded joints, spring bolts, shackles, ball joints, hinges, brackets, tanks for liquids, tank accessories, nipples, fuel cans, ladders, handles, metallic signs, wire baskets, metal wires, badges for vehicles, fasteners, tow ropes of metal, canisters, badges, keys, key blanks, vehicle registration plates, money clips, non-luminous signs, boxes, metallic luggage labels, ornaments, safes, venetian blinds for outdoor use; ores; protective netting (made of metal) for vehicles, namely pet screens and storage screens; stone screens (for lamps) (terms incomprehensible in the opinion of the International Bureau - Rule 13(2)(b) of the common regulations) Class 7: Motors and engines (except for land vehicles), including marine engines, aircraft engines, engines for industrial, agricultural and forestry machines, stationary combustion engines, turbines, electric motors; electrical generators and alternators; high-frequency generators; air cleaners (air filters) for engines and anti-pollution devices for motors and engines; carburettors, converters for liquid fuels, injectors, injection pumps, fuel pumps, speed governors, injection nozzles and nozzle holders, machine valves, vaporizers, starters, ignition systems, ignition coils, glow plugs, spark plugs, spark plug connectors, magnetos, silencers and spark arresters for combustion engines; fuel filters, oil filters, air filters; roller bearings, slide bearings, axles for machines, shaft seals for machines, gearwheels, drive wheels, transfer gears, pulleys, drive chains and belts not for vehicles, springs (machine parts), pumps (machines), pumps (parts of machines, electrical motors and engines), regulators (machine parts), relief valves (machine parts), controls, fans for engines and electric motors and fan belts for engines and electric motors, all for engine cooling radiators; radiator cooling fans, radiators, starters, fuel feed mechanism, oil cooler, brakes, caps for radiators, hydraulic pumps, hydraulic cylinders, hydraulic reservoirs, hydraulic filters, hydraulic motors, hydraulic pipes, hydraulic valves, servo units for hydraulic transmission, all for machines and engines; machine coupling and transmission components (except for land vehicles), including power transmissions, gearboxes/transmissions not for vehicles, reverse gears not for vehicles, reduction gears not for vehicles, gearbox controllers not for vehicles, traction control systems, vehicle dynamics control systems, shaft connections not for vehicles, clutches not for vehicles, exhausts, clutch and transmission belts for machines; power take-off units for vehicle engines, for use as prime movers; inboard/outboard drive units and sailing boat drive units for inboard engines; hydraulic pumps and motors and components thereof, bushings and bearings (machine parts); pneumatic valves (machine parts), power steering systems, control valves (machine parts), brake valves (machine parts); exhaust-gas turbochargers; compressors (machine parts), pneumatic brakes, compressed air reservoirs, compressed air cylinders and compressed air motors, bilge pumps (machines); metal and plastics processing machines; machines for the chemical industry, for agriculture, mining, incubators for eggs; agricultural implements (not hand operated); construction machines; machines for the automobile industry; machine tools and tools (machine parts) electric power tools and their plug-in tools included in this class; electric can openers; hydraulic lift jacks, body and frame aligners; packing and labelling machines, conveyors, conveyor belts; loading and handling machines for pressing plants and foundries and machines for the tooling of blanks; loaders, dumper bodies, excavators, diggers, road graders and parts, including components and equipment for such products included in this class; hydraulic lifting apparatus, cranes and lift cranes, winches; machine parts, namely buckets, grapples and fork-type implements; wood working machines, including delimbing, slashing, and debarking equipment; teeth and cutting edges for machines; car vacuum cleaners; car wash facilities; electrical fans for engines and electric motors; starting devices for combustion engines for indoor use, hydraulic cylinders and motors, engine radiators, silencers, parts, fittings and accessories for the abovementioned goods and for motorized land vehicles, not included in other classes; starter motors, exhausts, exhaust cowls, axles, shafts and couplings, machine coupling and transmission components, compressed-air cylinders fans, fan belts, bearings, mechanical controls Class 9: Scientific, nautical, photographic, optical, weighing, measuring, signalling, control (monitoring), life-saving and teaching apparatus; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; electric and electronic apparatus and instruments, namely electric batteries, charging devices, battery testers, electric fittings, electric accumulators, electric compasses, electric relays, electrical commutators, electric condensers, electric wiring harnesses, capacitors, electrical fuses, relays, electronic time relays, switches, fuses, electrical contacts, electric cables, electric fuses; electric fuse boxes, electrical sensors, electrical sockets, electrical cigarette lighters, printed electrical circuits, integrated circuits; leads for electric, electronic and optical signals; cable connections, cable drums; transformers; electronic headlamp beam adjustment; sensors, detectors, switching devices/switch boxes, solar cells and solar generators; analysers for motor vehicles, especially for exhaust gas analysis, soot particle analysis, brake function analysis, diagnostic instruments and equipment for simulations, engine testers and workshop test devices; high-frequency generators, power supply devices, electric filters for vehicles, engines and machines, semiconductor components, optoelectronic components; testing apparatus; apparatus for recording, transmission or reproduction of data, sound or images and data processing equipment and computers, including radio apparatus, video screens, tape players, loudspeakers, amplifiers, telecommunication equipment, car-phone installations, compact disc players, telematic terminals, warning signal terminals, navigation and radar terminals, traffic control systems, transport supervision systems, tracking devices, toll terminals for electronic toll detection in traffic, black boxes (accident data monitoring and recording device), on-board computers and trip computers, calculators and pocket calculators; magnetic data carriers; computer software; computer hardware; video games, recorded and non-recorded data carriers and recording media of all kinds, including compact discs, tape cassettes; storage boxes for recording media, included in this class; highway emergency warning equipment, namely warning lamps, torches/flashlights, distress-signal rocket; interference suppressors, aerials/antennas; gauges, measuring instruments and apparatus, including for fuel, oil pressure, tyre pressure, compressed air, temperatures, amperage, speed and engine revolutions; tachographs, odometers, speedometers; voltage regulators, voltmeters; time recorders, rudder indicators, instrument panels and clusters, dipsticks, thermostats, signal lamps; dynamometers, brake testers, electrical and mechanical instruments and apparatus for control and testing for vehicles, engines/motors and machines (including drive units and construction machines); automatic alarm units, anti-theft warning devices, electronic anti-theft devices, including vehicle immobilizing units; electronic parking assistance systems; warning reflectors; fire extinguishing apparatus; electronic monitors and regulators for engines and motors; magnets; tape measures; thermometers; compasses; optical apparatus and instruments, including binoculars, magnifying glasses, spectacles, protective goggles, lenses for lamps, sun-protective optical lenses; sun glasses and protective sunglasses, ophthalmic frames; warning triangles; protective clothing, including footwear, special clothing such as life-saving equipment, workmen's protective face-shields, protective eye pieces and masks for hazardous work; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, warning triangles for vehicles, jump-start cables for engines, warning lamps, lambda probes for combustion engines, electronic control devices for production technology and servo drives, programmable controllers; parking assistance systems, wiring for electrical connections; mobile phone installation equipment; electrically-operated window mechanisms for all vehicles (electrical opening or closing mechanisms for vehicles) Class 11: Lighting apparatus and installations (also for vehicles), including headlamps, lamp assemblies, lanterns, bulbs, lamp fittings, flashlights, electrical torches, reading lights; anti-dazzle devices, reflectors; installations and apparatus for air filtering and air conditioning, ventilation, cooling or heating, including electric and non-electric radiators, ventilators, fans, metallic valves for pipes, parts for the aforementioned items; apparatus for steam generating, cooking, drying, water supply or sanitary purposes; electrical fans (air conditioning), lighters; vehicle radiators, radiator caps, radiators grilles, covers for auxiliary lamps Class 12: Vehicles, including cars, vans, sport-utility vehicles (including golf carts), buses, trucks, tractor units/prime movers, on and off road vehicles/dump trucks and parts, including components, and accessories to these items which do not pertain to other classes, including vehicle chassis, vehicle bodies, brakes, brake callipers, draw bars, bumpers, clutches, vehicle engines, electric motors for vehicles, turbines, combustion engines, spark eliminators, power take-offs, gearboxes/transmissions for vehicles, transmission shafts for vehicles, differentials, drive gears, drive shafts, gear change selectors, manual and power steering apparatus, power steering systems, hydraulic steering systems, as well as component parts of these items, compressed-air reservoirs, and pneumatic motors, anti-pollution devices, air pumps, anti-dazzle devices, anti-theft devices and alarms for vehicles, vehicle immobilizers; trailer hitches, springs, shock absorbers, height regulators, wheels, wheel bearings, wheel trims, balance weights for wheels, engine mountings, tanks and fuel tanks, engine noise shields, protective covers, front grills, fluid reservoirs, wind deflectors, direction indicators, hatches, upholstery for all vehicles, handles for doors, hoods, horns for all vehicles, hubs for land vehicles, hub caps, hydraulic circuits, tyres for land vehicles, non-skid devices for tyres, mud flaps, brakes, power brakes and pneumatic brakes, anti-lock brake systems, brake pads and brake linings, bumpers, mudguards (body parts), mudguards; cabs for all vehicles, cab tilt mechanisms for all vehicles, reversing signals, headrests for seats in all vehicles, armrests, doors for all vehicles, seats for all vehicles, safety seats for all vehicles, personal safety restraint seats with attachments for all vehicles, child safety seats for all vehicles, tables tailored for seats in all vehicles, seat covers for all vehicles, headrest covers for all vehicles, seat belts for all vehicles, devices for collision protection, sliding roofs, sun roofs, vehicle steering columns, steering wheels for all vehicles, steering linkages, stabiliser bars, suspensions, suspension lowering outfits, torsion bars, tow bars, windows for all vehicles, power windows for all vehicles, windscreens (also of safety glass), accelerator pedals; windscreen and headlight wipers, wiper blades, vehicle window blinds, driving mirrors, mirrors (rearward vision), tank caps for all vehicles, luggage restraints for vehicles, luggage nets, luggage carriers, wheel carriers, bicycle carriers, surfboard carriers, boat carriers, mudflaps, snow chains, roof racks and ski racks, stowage boxes, safety deposit boxes, stowage compartments specially designed for all vehicles; trim panels, spoilers, side and rear skirts, safety cushions, airbags (safety devices for all vehicles), holders for mirrors, sun shades, passenger safety systems for installation in motor vehicles in the form of belt tensioners, airbags and inflatable curtains (safety devices for all vehicles); tyres, pneumatic tyres; adhesive rubber patches for repairing inner tubes; baby carriages, wheelchairs for invalids; bicycles; rudders, propellers, trimming vanes, steering units for boats, steering wheels and fittings for boats as well as component parts of these items in this class; apparatus for locomotion by land, air or water Class 14: Precious metals and their alloys and goods made from these materials (included in this class), and jewellery and precious stones, bracelets, tie clips, coins, medals, lapel pins, rings, chronometric instruments including clocks and wristwatches, travel alarm clocks; key fobs, key rings, key ring pendants and pins Class 16: Paper, cardboard and goods made from these materials (included in this class), including paper cubes and notes-blocks; printed matter, including books, instruction manuals, (computer hardware/computer software) manuals, periodicals, magazines, newspapers, calendars, posters, stickers, banners and pennants of paper, country and road maps, spare parts lists, maintenance manuals, advertising materials, printed publications relating to automotive subjects; bookbinding materials; adhesives for stationery or household purposes; artists' materials, paintbrushes; photographs; stationery, including pens and pencils; typewriters and office requisites (except furniture), including pen stands, letter holders, storage boxes for recording media (included in this class) and paper knives; instructional and teaching material (except apparatus); plastic materials for packaging (included in this class), including plastic carrier bags; printers' type; printing blocks; conference folders Class 18: Leather and imitations of leather, and goods made of these materials (included in this class); animal skins, hides; boxes of artificial leather, bags, luggage, trunks and travelling bags, handbags, sports bags, umbrellas, wallets, purses, back-packs, document cases, briefcases, card cases, cosmetic cases, sold empty, key cases, walking sticks, parasols, tool kits of leather (empty); whips, harness and saddlery Class 21: Perfume atomisers, powder-puffs Class 25: Clothing (also outer clothing, leisurewear and sportswear), including belts, jackets, coats, pullovers, shawls, shirts, waistcoats, socks, scarves, ties, sweaters, t-shirts, overalls, coveralls, waterproof clothing, rainwear, trousers, nightwear; headgear, including caps, hats; footwear, including casual shoes Class 28: Games and toys, including models, scale model vehicles, cuddly toys, games equipment, balloons and beach balls; decoration for christmas trees; gymnastic and sporting articles (included in this class), including fishing tackle and clubs, gloves, bags and balls for golf, sports racquets, playing cards and model cars Class 35: Retail services and wholesale in respect of vehicles, engines/motors and machines (including drive units and construction machines), as well as of parts, fittings and accessories for the aforesaid products, and of tools and workshop equipment as well as of merchandise products: namely clothes, headwear, shoes, toys and games, glassware, sports goods, bags, umbrellas and scale model vehicles; advertising, organisation of promotional programs, office functions, business administration (including bookkeeping), business management and business management advisory services, statistical information and the production of statistics, in particular relating to the design, development, manufacture, sale, distribution or maintenance of vehicles, engines/motors and machines (including drive units and construction machines), and of parts, fittings and accessories for the aforesaid; logistic services Class 36: Real-estate affairs; real-estate operations monetary and financial affairs, including credit card services; insurance operations, warranties in connection with the sale of vehicles, engines and machines, financing services (including hire purchase and lease purchase financing services and leasing), in particular relating to vehicles, engines/motors and machines (including drive units and construction, transport, agricultural and forestry machines), and parts, fittings and accessories for the aforesaid, and tools and workshop equipment Class 37: Building construction; installation services; services for installation, service, repair, inspection, restoration, maintenance, reconditioning, diagnostic tuning, cleaning, painting, polishing and preservation services in relation to vehicles, engines/motors and machines (including drive units and construction, agricultural and forestry machines), electrical/pneumatic hand tools, workshop appliances and devices, or parts, fittings and accessories (including telecommunication equipment) for the aforesaid; emergency roadside repairs; rental of construction equipment, namely engines/motors and machines (including drive units and construction machines), and repair tools and workshop equipment; technical service, looking after and overhauling of motor vehicles in motor-sport events Class 38: Telematic services in the field of transport and traffic, relating to the checking (monitoring), positioning and (remote) control/automatic control of land vehicles, air vehicles, watercraft and locomotion systems, their loads and engines/motors and machines (including drive units and transport machines), and also relating to the location of persons and vehicles in the case of accident, breakdown, raid or theft Class 39: Transport, including transport of people; salvaging, transportation, warehousing and other rescue services and operations in an emergency; packaging, warehousing and distribution of goods; rental of vehicles, consultation in the field of traffic and transport; vehicle fleet management, fleet control; traffic information and control services; route guidance services; travel arrangement and tourist information services; garage booking services

1735633	22 Aug 2014	Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; programmable controllers electric and electronic apparatus and instruments, including electric batteries, charging devices, battery testers, electric mountings, electric blowers; electric accumulators, electric compasses, electric circuit breakers, commutators, electric condensers, electric wiring harnesses, capacitors, relays, electronic time relays, switches, fuses, electrical contacts, electric cables, electric fuses; electric fuse boxes, electric sensors, electrical sockets, printed electrical circuits, integrated circuits; leads for electric, electronic and optical signals; cable connections, cable drums; transformers; electronic headlamp beam adjustment; sensors, detectors, switching devices/switch boxes, solar cells and solar generators; analysers for motor vehicles, namely for exhaust gas analysis, soot particle analysis, brake function analysis, diagnostic instruments and equipment for simulations, engine testers, workshop test devices; high-frequency generators, power supply devices, electric filters, semiconductor components, optoelectronic components; testing apparatus; apparatus for recording, transmission or reproduction of data, sound or images and data processing equipment and computers, including radio apparatus, video screens, tape players, loudspeakers, amplifiers, telecommunication equipment, car telephone installations, compact disc players, telematic terminals, distress signal terminals, navigation and radar terminals, traffic control systems, transport supervision system, locating devices, toll terminals for electronic toll detection in traffic, black box (accident data monitoring and recording device), auto-computers and on-board computers, calculators and pocket calculators; magnetic data carriers; computer software; computer hardware; video games software; recorded and non-recorded data carriers and recording media of all kinds, including compact discs, tape cassettes; storage boxes for recording media; data processing equipment; highway emergency warning equipment; interference suppressors, aerials/antennas; gauges, measuring instruments and apparatus, including such for fuel, oil pressure, tyre pressure, compressed air, temperatures, amperage, speed and engine revolutions; mileage recorders, odometers, tachometers; voltage regulators, voltmeters; time recorders, rudder indicators, instrument panels and clusters, dipsticks, thermostats, signal lamps; dynamometers, brake testers, electrical and mechanical instruments and apparatus for control and testing for vehicles, engines/motors and machines (including drive units and construction machines); automatic alarm units, anti-theft warning devices, electronic anti-theft devices, including vehicle immobilizing units; electronic parking assistance systems; warning reflectors; fire extinguishing apparatus; electronic monitors and regulators for engines and motors; magnets; tape measures; thermometers; compasses; optical apparatus and instruments, including binoculars, magnifying glasses, spectacles, sun glasses and goggles, lenses for lamps sun-proof optical lenses; sun glasses and goggles, ophthalmic frames; warning triangles; clothing for protection against accidents, including footwear, special clothing as lifesaving equipment, workmen's protective face-shields, protective eye pieces and masks; mechanisms for coin operated apparatus; cash registers; level controllers (electrical apparatus), warning triangles, jumper cables, starter cables Class 12: Vehicles, including cars, vans, sport-utility vehicles (including golf carts), buses, trucks, tractor units/prime movers, on and off road vehicles/dump trucks and parts, including components, and accessories to these items which do not pertain to other classes, including vehicle chassis, vehicle bodies, braking installations, brake calipers, draw bars, bumper bars, clutches, engines, electric engines, motors, electric motors, turbines, combustion engines, starting devices for internal combustion engines, hydraulic cylinders and motors, silencers/mufflers, spark eliminators, power transmissions, gearboxes/transmissions, transmission shafts, differential gears, drive gears, drive shafts, gear change selectors, exhaust cowls, axles, shafts and couplings, machine coupling and transmission components, manual and power steering apparatus, power steering systems, hydraulic steering systems, as well as component parts of these items, compressed air reservoirs, compressed air cylinders and anti-pollution devices, air pumps, anti-dazzle devices, anti-theft devices and alarms, vehicle immobilizing units, trailer hitches, power take-offs, springs, shock absorbers, wheels, wheel bearings, wheel trims, balance weights for wheels, engine mountings, tanks and fuel tanks, engine noise shields, protective covers, radiators grilles, front grills, fluid reservoirs, deflectors, direction indicators, hatches, upholstery, handles for doors, hoods, horns, hubs, hub caps, hydraulic circuits, tyres, non-skid devices for tyres, mud flaps, brakes, servo brakes and compressed-air brakes, antilock brake systems, brake pads and brake linings, bumpers, mudguards/fenders, cabs, cab tilt mechanisms, reversing alarms, mechanical controls, head rests for seats, arm rests, doors, seats, safety-seats, personal safety restraints seats, safety seats for children, tables for seats, seat covers, headrest covers, seat belts, devices for collision protection, parking assistance systems, sliding roofs, sun roofs, vehicle steering columns, steering wheels, steering linkages, stabiliser bars, suspensions, suspension lowering outfits, torsion bars, tow bars, windows, window winding mechanisms, power windows, windscreens/windshields (also of safety glass), windscreen/windshield and headlight wipers, defrosting systems for windscreens, wiper blades, vehicle window blinds, driving mirrors, mirrors (retrovisors), tank caps, cover caps for extra headlights, starter cables, warning lamps, luggage restraints for vehicles, luggage nets, luggage carriers, wheel carriers, bicycle carriers, surfboard carriers, boat carriers, mud-guards, snow chains, pet screens, stone screens, storage screens, roof racks and ski racks, stowage boxes, deposit boxes, stowage compartments, trim panels, spoilers, side and rear skirts, safety cushions, air bags, breakdown cases, holders for mirrors, sun shades, mobile telephone mounting equipment; restraining systems for installation in motor vehicles, namely belt tensioners, airbags and sensors; tires, pneumatic tires; adhesive rubber patches for repairing inner tubes; baby carriages, wheeled chairs for invalids; bicycles; rudders, propellers, trimming vanes, steerage units, steering wheels and fittings for boats as well as component parts water; electric lighters for automobiles; starter motors for land vehicles Class 16: Paper, cardboard and goods made from these materials, including paper cubes and notes; printed matter, including books, instruction books, (computer/computer software) manuals, periodicals, magazines, newspapers, calendars, posters, stickers, banners and pennants of paper, country and road maps, spare parts lists, maintenance manuals, advertising materials, printed publications relating to automotive subjects; bookbinding material; adhesives for stationery or household purposes; artists' materials, paint brushes; photographs; stationery, including pens and pencils; typewriters and office requisites (except furniture), including pen stands, letter holders, storage boxes for recording media and paper knives; instructional and teaching material (except apparatus); plastic materials for packaging, including plastic carrier bags; printers' type; printing blocks Class 35: Retail services and wholesale, namely in respect of vehicles, engines/motors and machines (including drive units and construction machines), as well as of parts, fittings and accessories for the aforesaid goods, and of tools and workshop equipment, and of merchandise products; advertising, organisation of promotional programs, office functions, business administration (including bookkeeping), business management and business management advisory services, in particular relating to the design, development, manufacture, sale, distribution, repair or maintenance of vehicles, engines/motors and machines (including drive units and construction machines), and of parts, fittings and accessories for the aforesaid; consultancy in the field of vehicle fleet management Class 36: Real estate affairs; monetary and financial affairs, including credit card services; insurance, warranty, financing (including hire purchase and lease purchase financing services and leasing), in particular relating to vehicles, engines/motors and machines (including drive units and construction, transport, agricultural and forestry machines), to parts, fittings and accessories for the aforesaid, and to tools and workshop equipment Class 37: Building construction; installation services related to vehicles, motors and machines (including drives and contract machines); installation, service, repair, inspection, restoration, maintenance, reconditioning, diagnostic tuning, cleaning, painting, polishing and preservation services in relation to vehicles, engines/motors and machines (including drive units and construction, agricultural and forestry machines), power hand tools, workshop appliances and devices, or parts, fittings and accessories (including telecommunication equipment) for the aforesaid; emergency road side vehicle repair assistance; rental of tools and workshop equipment; lookingafter and overhauling of motor vehicles in motor-sport events; reservation of garage services for the maintenance and repair of motor vehicles; technical assistance related to motor vehicles during motorsports events Class 39: Transport, also of persons; salvaging, transportation, warehousing and other rescue services and operations in an emergency and provision of this; packaging, warehousing and distribution of goods; rental of vehicles, engines/motors and machines (including drive units and construction and transport machines); consultation in the field of traffic and transport, including mobile telematics applications; logistic services; traffic information and control services; route guidance services; travel arrangement and tourist information services Class 41: Education and training services; organisation of exhibitions for educational purposes; entertainment; arrangement of prize competitions; conduct of sporting and cultural activities and events services in connection with the organisation, and conduct of sports, recreational and entertainment competitions and functions; sport camp services; camp services for sport activities: museum services; rental of sports equipment (except vehicles)
1735646	22  August 2014	Class 1: Chemicals used in industry, in particular for use in the operation, repair, servicing and maintenance of vehicles, engines/motors and machines (including drive units and construction machines), including brake fluids, fluids for hydraulic systems, antifreeze compositions, defrosting compositions, rubber and plastic cements, plastics, adhesives, compositions for repairing surfaces, sealing compositions, saturants, water-repellent and spot-repellent agents (finishers), impregnation agents; coolants for vehicle engines, coolants (anti-boil preparations for engine); chemicals used in science and photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fertilizers; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; putties; adhesives used in industry; hydraulic oils Class 2: Paints, varnishes, diluents for colorants and lacquers, also in spray or pen form; preservatives against rust, anti-corrosive agents; coating compositions and preservatives for metal (painting), metal and lacquer conservation agents; preservatives against deterioration of wood; colorants, dyes; mordants, including metal mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists; anti-rust oils Class 3: Bleaching preparations and other substances for laundry use; cleaning, care, preservation, polishing, scouring and abrasive agents, in particular such for vehicles, engines/motors and machines (including drive units and construction machines), including detergents, windscreen/windshield washer fluids, wax compositions, cleaning sprays, auto shampoos, spray preservatives, interior cleaning agents, motor cleaning agents, light metal or metal alloy wheel rim care agents; soaps; perfumery, essential oils, cosmetics, hair lotions, including perfume atomisers, toilet waters, non-medicated toilet preparations, powder boxes, shaving and after-shave preparations, oils, creams and lotions for the skin; dentifrices Class 4: Industrial oils and greases, including penetrating oils (also being lubricants) and lubricants, including lock lubricants; lubricating oils; dust absorbing, wetting and binding agents; fuels (including motor spirit); solid, liquid and gaseous fuels; illuminants; candles, wicks Class 5: Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; materials for dressings; first-aid kits (filled); material for stopping teeth, dental wax; desinfectants; preparations for destroying vermin; fungicides, herbicides Class 6: Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electrical wires, cables and cable terminals, and speedometer cables of common metal; ironmongery, small items of metal hardware and goods of common metal (included in this class), including locks, latches, metallic tubes, metallic hoses, metallic valves for pipes, pipes, pipe connections, screws, bolts, nuts, rivets, lock washers, spring washers, flat washers, chains (except drive chains for vehicles), plugs, split pins, shims, spacer rings, and clips, woodruff keys, screw unions, spring bolts, shackles, ball joints, hinges, brackets, tanks for liquids, tank accessories, nipples, fuel cans, ladders, handles, metallic signs, wire baskets, metal wires, badges for vehicles, fasteners, tow ropes of metal, canisters, badges, keys, key blanks, key ring pendants and pins, vehicle registration plates, non-luminous signs, boxes, luggage labels of metal, ornaments, safes, ores; blinds of metal Class 7: Motors and engines (except for land vehicles), including marine engines, aircraft engines, engines for industrial, agricultural and forestry machines, stationary combustion engines, turbines, electric motors; electric generators and alternators; high-frequency generators; air cleaners (air filters) for engines and anti-pollution devices for motors and engines; carburettors, converters for liquid fuels, injectors, injection pumps, fuel pumps, speed governors, injection nozzles and nozzle holders, machine valves, vaporizers, starters, ignition systems, ignition coils, glow plugs, spark plugs, spark plug connectors, lambda probes, magnetos, silencers/mufflers and spark arresters for combustion engines; fuel filters, oil filters, air filters; rolling bearings, plain bearings, shafts, shaft seals, gearwheels, drive wheels, speed change gear, pulleys, drive chains and belts, springs, filters, pumps, regulators, relief valves, controls, fans and fan belts, all for engine cooling radiators; cooling fans, cooling radiators, starters, fuel feed apparatus, oil cooling apparatus, brakes, caps for cooling radiators, accelerators, hydraulic pumps, hydraulic cylinders, hydraulic reservoirs, hydraulic filters, hydraulic motors, hydraulic pipes, hydraulic valves, boost units for hydraulic transmission, all for machines, engines and motors; machine coupling and transmission components (except for land vehicles), including power transmissions, gearboxes/transmissions, reverse gears, reduction gears, gearbox controllers, traction control systems, vehicle dynamics control systems, shaft connections, couplings and clutches, exhausts, couplings and transmission belts; power transmission take-off units for motor vehicle engines, for use as prime movers; inboard/outboard drive units and sailing boat drive units for inboard engines; hydraulic pumps and motors and components thereof, air pumps as vehicle accessories; bushes and bearings (machine parts); power steering systems, control valves (machine parts), braking valves (machine parts); exhaust-gas turbo-chargers; compressors, compressed air brakes, compressed air reservoirs, compressed air cylinders and compressed air motors, bilge pumps; metal and plastics working machines; machines for the chemical industry, for agriculture, mining, textile machines, machines for the beverage industry; incubators for eggs; agricultural implements (not hand operated); construction machines; electronic control devices for production technology and servo drives; machines for the automobile industry; machine tools and tools therefore; electric power tools and their plug-in tools; electric can openers; hydraulic lift jacks, body and frame aligners; packing and labelling machines, conveyors, conveyor belts; loading and handling machines for pressing plants and foundries and machines for the tooling of blanks; loaders, dumper bodies, excavators as well as parts, including components, and accessories to such products; hydraulic lifting apparatus, cranes, winches; bucket, grapple and fork type implements for machines; wood working machines, including delimbing, slashing and debarking equipment; teeth and cutting edges for machines; car vacuum cleaners; car wash facility; parts, fittings and accessories for the abovementioned goods and for motor land vehicles; bushings; automatic vending machines; cooling radiators, radiators, radiator caps, exhausts, compressed air motors, fans, fan belts, bearings Class 8: Hand tools and implements (hand operated), including manually handled lifting jacks, hand tools sets, rim crosses, ice scrapers, non-electric can openers; hand operated implements for use in agriculture, horticulture and forestry, for the construction, maintenance and repair of apparatus, vehicles, engines/motors and machines (including drive units and construction machines), and for the building industry; parts of all aforementioned goods; cutlery, including knives, pocket knives; side arms; scissors, manicure sets and manicure tools; razors and travel razors; clamps Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; programmable controllers electric and electronic apparatus and instruments, including electric batteries, charging devices, battery testers, electric mountings, electric blowers; electric accumulators, electric compasses, electric circuit breakers, commutators, electric condensers, electric wiring harnesses, capacitors, relays, electronic time relays, switches, fuses, electrical contacts, electric cables, electric fuses; electric fuse boxes, electrical sensors, electrical sockets, printed electrical circuits, integrated circuits; leads for electric, electronic and optical signals; cable connections, cable drums; transformers; electronic headlamp beam adjustment; sensors, detectors, switching devices/switch boxes, solar cells and solar generators; analysers for motor vehicles, namely for exhaust gas analysis, soot particle analysis, brake function analysis, diagnostic instruments and equipment for simulations, engine testers, workshop test devices; high-frequency generators, power supply devices, electric filters, semiconductor components, optoelectronic components; testing apparatus; apparatus for recording, transmission or reproduction of data, sound or images and data processing equipment and computers, including radio apparatus, video screens, tape players, loudspeakers, amplifiers, telecommunication equipment, car telephone installations, compact disc players, telematic terminals, distress signal terminals, navigation and radar terminals, traffic control systems, transport supervision system, locating devices, toll terminals for electronic toll detection in traffic, black box (accident data monitoring and recording device), auto-computers and on-board computers, calculators and pocket calculators; magnetic data carriers; computer software; computer hardware; video games software; recorded and non-recorded data carriers and recording media of all kinds, including compact discs, tape cassettes; storage boxes for recording media; data processing equipment; highway emergency warning equipment; interference suppressors, aerials/antennas; gauges, measuring instruments and apparatus, including such for fuel, oil pressure, tyre pressure, compressed air, temperatures, amperage, speed and engine revolutions; mileage recorders, odometers, tachometers; voltage regulators, voltmeters; time recorders, rudder indicators, instrument panels and clusters, dipsticks, thermostats, signal lamps; dynamometers, brake testers, electrical and mechanical instruments and apparatus for control and testing for vehicles, engines/motors and machines (including drive units and construction machines); automatic alarm units, anti-theft warning devices, electronic anti-theft devices, including vehicle immobilizing units; electronic parking assistance systems; warning reflectors; fire extinguishing apparatus; electronic monitors and regulators for engines and motors; magnets; tape measures; thermometers; compasses; optical apparatus and instruments, including binoculars, magnifying glasses, spectacles, sun glasses and goggles, lenses for lamps sun-proof optical lenses; sun glasses and goggles, ophthalmic frames; warning triangles; clothing for protection against accidents, including footwear, special clothing as lifesaving equipment, workmen's protective face-shields, protective eye pieces and masks; registers; level controllers [electrical apparatus], warning triangles, jumper cables, starter cables, safety nets Class 11: Lighting apparatus and installations (also for vehicles), including headlights/headlamps, lamp assemblies, lanterns, bulbs, lamp fittings, flashlights, electrical torches, reading lights; anti-dazzle devices for vehicles, motors and machines, reflectors for lightning devices; installations and apparatus for air filtering and air conditioning, ventilation, refrigerating or heating, including electric and non-electric radiators, ventilators, fans, metallic valves for pipes, parts for the aforementioned goods; compressed air ventilators, apparatus for steam generating, cooking, drying, water supply and sanitary purposes; parts and fittings for vehicles, engines/motors and machines (including drive units and construction machines) Class 12: Vehicles, including cars, vans, sport-utility vehicles (including golf carts), buses, trucks, tractor units/prime movers, on and off road vehicles/dump trucks and parts, including components, and accessories to these items which do not pertain to other classes, including vehicle chassis, vehicle bodies, braking installations, brake calipers, draw bars, bumper bars, clutches, engines, electric engines, motors, electric motors, turbines, combustion engines, starting devices for internal combustion engines, hydraulic cylinders and motors, silencers/mufflers, spark eliminators, power transmissions, gearboxes/transmissions, transmission shafts, differential gears, drive gears, drive shafts, gear change selectors, exhaust cowls, axles, shafts and couplings, machine coupling and transmission components, manual and power steering apparatus, power steering systems, hydraulic steering systems, as well as component parts of these items, compressed air reservoirs, compressed air cylinders and anti-pollution devices, air pumps, anti-dazzle devices, anti-theft devices and alarms, vehicle immobilizing units, trailer hitches, power take-offs, springs, shock absorbers, wheels, wheel bearings, wheel trims, balance weights for wheels, engine mountings, tanks and fuel tanks, engine noise shields, protective covers, radiators grilles, front grills, fluid reservoirs, deflectors, direction indicators, hatches, upholstery, handles for doors, hoods, horns, hubs, hub caps, hydraulic circuits, tyres, non-skid devices for tyres, mud flaps, brakes, servo brakes and compressed-air brakes, antilock brake systems, brake pads and brake linings, bumpers, mudguards/fenders, cabs, cab tilt mechanisms, reversing alarms, mechanical controls, head rests for seats, arm rests, doors, seats, safety-seats, personal safety restraints seats, safety seats for children, tables for seats, seat covers, headrest covers, seat belts, devices for collision protection, parking assistance systems, sliding roofs, sun roofs, vehicle steering columns, steering wheels, steering linkages, stabiliser bars, suspensions, suspension lowering outfits, torsion bars, tow bars, windows, window winding mechanisms, power windows, windscreens/windshields (also of safety glass), windscreen/windshield and headlight wipers, defrosting systems for windscreens, wiper blades, vehicle window blinds, driving mirrors, mirrors (retrovisors), tank caps, cover caps for extra headlights, warning lamps, luggage restraints for vehicles, luggage nets, luggage carriers, wheel carriers, bicycle carriers, surfboard carriers, boat carriers, mud-guards, snow chains, pet screens, stone screens, storage screens, roof racks and ski racks, stowage boxes, deposit boxes, stowage compartments, trim panels, spoilers, side and rear skirts, safety cushions, air bags, breakdown cases, holders for mirrors, sun shades, mobile telephone mounting equipment; restraining systems for installation in motor vehicles, namely belt tensioners, airbags and sensors; tires, pneumatic tires; adhesive rubber patches for repairing inner tubes; baby carriages, wheeled chairs for invalids; bicycles; rudders, propellers, trimming vanes, steerage units, steering wheels and fittings for boats as well as component parts of these items; vehicles for locomotion by land, air or water; electrical lighters for automobiles; starter motors for land vehicles Class 14: Precious metals and their alloys and goods made from these materials, and jewellery and precious stones, including cuff-links, tie clips, coins, medals, lapel pins, rings, model figures (ornaments) coated with precious metal and other decorative goods; horological and chronometric instruments, including clocks and watches, travel alarm clocks; key fobs, key rings of common metal Class 16: Paper, cardboard and goods made from these materials, including paper cubes and notes; printed matter, including books, instruction books, (computer/computer software) manuals, periodicals, magazines, newspapers, calendars, posters, stickers, banners and pennants of paper, country and road maps, spare parts lists, maintenance manuals, advertising materials, printed publications relating to automotive subjects; bookbinding material; adhesives for stationery or household purposes; artists' materials, paint brushes; photographs; stationery, including pens and pencils; typewriters and office requisites (except furniture), including pen stands, letter holders, storage boxes for recording media and paper knives; instructional and teaching material (except apparatus); plastic materials for packaging, including plastic carrier bags; printers' type; printing blocks; money clips Class 17: Rubber, gutta-percha, gum, asbestos, mica and goods made of these materials; plastics in extruded form for use in manufacture; rubber supports for motors/engines, reflex tape, felt rings, sealing compound, non-metallic tubes, pipe connection parts for radiator systems, radiator sealing compounds, fasteners and connectors, all made of plastic materials, for pipes and cables; flexible covers made of rubber or of plastic materials for protecting mechanical components; mountings made of rubber or of plastics materials for engines, transmission assemblies and for exhausts; plastic materials in the form of sheets (non-textiles) for use in the manufacture of roof coverings for vehicles; clutch linings; gaskets (other than fibrous gaskets for ships); washers (other than washers for water taps) made of rubber, plastics materials or of vulcanised fibre; grommets made of rubber or of plastics material; non-metallic hoses; strips made of rubber or of plastics materials for sealing joints; packing and stopping materials, including oil seals (packing), sealing, locking and caulking compounds and fluids (in the nature of jointings or packings); stuffings for engines/motors and machines; insulating materials; flexible pipes (not of metal); parts and fittings for vehicles, engines/motors and machines (including drive units and construction machines) Class 18: Leather and imitations of leather, and goods made of these materials; animal skins, hides; boxes of artificial leather, bags, baggage bags, trunks and travelling bags, handbags, sports bags, conference folders, umbrellas, pocket wallets, purses, back-packs, document cases, briefcases, card cases; vanity cases, not fitted; key cases, walking sticks, parasols, tool bags (empty); whips, harness and saddlery Class 20: Locks (not of metal), for vehicles; mirrors (looking glasses); air cushions, not for medical purposes; non-luminous signs; vehicle registration plates (not of metal); storage containers, storage boxes for recording media (included in class 20), boxes, canisters; seat cushions, pillows; non-metal clamps; all aforesaid goods also as parts and fittings of vehicles; furniture; mirrors; furniture frames; indoor blinds; goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics Class 21: Articles for cleaning purposes, including cleaning utensils for vehicles, in particular sponges, car wash leather, cleaning cloths and hand operated cleaning devices; steel wool; unworked and semi-worked glass (except glass used in building), including glass and safety glass for vehicles; household or kitchen utensils and vessels/containers (not of precious metals or coated therewith), namely mugs, cups, cooling bags, drinking bottles, bottle openers and trays; combs and sponges; brushes (except paint brushes); brush-making materials; glassware, porcelain ware and stoneware Class 22: Ropes, towropes, string, spare wheel cover, nets, tents, awning, tarpaulins, sails, sacks and bags for packaging, storage and transport; padding and stuffing materials not of rubber or plastics; raw fibrous textile materials Class 24: Blankets, plaids, winter seat covers, towels, pennants, flags, bed covers, table covers; (roller) blinds; textiles and textile goods; pennants of textile Class 25: Clothing (also outer clothing, leisure wear and sportswear), including belts, jackets, coats, pullovers, shawl, shirts, waistcoats, socks, scarves, ties, sweaters, T-shirts, overalls, coveralls, waterproof clothing, rain wear, trousers, sleep wear; headgear, including caps, hats; footwear, including casual shoes; belts Class 26: Lace and embroidery, ribbons, and braid; buttons, hooks and eyes, pins, and needles; sewing kit; artificial flowers Class 27: Carpets, rugs, mats and matting, linoleum, and other floor coverings, in particular for vehicles; door mats; wall hanging (non-textile) Class 28: Games, playthings and toys, including models, scale model vehicles, plush animals, games equipment, balloons, and beach balls; decoration for Christmas trees; gymnastic and sporting articles, including clubs, gloves, bags and balls for golf, sports racquets, and fishing tackle; golf bags Class 35: Retail services and wholesale, namely in respect of vehicles, engines/motors and machines (including drive units and construction machines), as well as of parts, fittings and accessories for the aforesaid goods, and of tools and workshop equipment, and of merchandise products; advertising, organisation of promotional programs, office functions, business administration (including bookkeeping), business management and business management advisory services, in particular relating to the design, development, manufacture, sale, distribution, repair or maintenance of vehicles, engines/motors and machines (including drive units and construction machines), and of parts, fittings and accessories for the aforesaid; consultancy in the field of vehicle fleet management Class 36: Real estate affairs; monetary and financial affairs, including credit card services; insurance, warranty, financing (including hire purchase and lease purchase financing services and leasing), in particular relating to vehicles, engines/motors and machines (including drive units and construction, transport, agricultural and forestry machines), to parts, fittings and accessories for the aforesaid, and to tools and workshop equipment Class 37: Building construction; installation services related to vehicles, motors and machines (including drives and contract machines); installation, service, repair, inspection, restoration, maintenance, reconditioning, diagnostic tuning, cleaning, painting, polishing and preservation services in relation to vehicles, engines/motors and machines (including drive units and construction, agricultural and forestry machines), power hand tools, workshop appliances and devices, or parts, fittings and accessories (including telecommunication equipment) for the aforesaid; emergency road side vehicle repair assistance; rental of tools and workshop equipment; looking after and overhauling of motor vehicles in motor-sport events; reservation of garage services for the maintenance and repair of motor vehicles; technical assistance related to motor vehicles during motorsports events Class 38: Internet, telecommunication and satellite communication services, in particular telephone services relating to vehicle radio telephones, paging services, logistic services, telematic services, collection and supply of information as well as provision of a service-hotline (in particular with respect to traffic and technical information, and with respect to sports and entertainment); telematic assistance using GPS and GSM/3G technology via a service and alarm center for transport and traffic, in particular checking (supervision), positioning and (remote) control/automatic control of land vehicles, air vehicles, watercraft and locomotion systems, the load thereof as well as of engines/motors and machines (including drive units and transport machines) as well as intervention and help for persons and vehicles in the case of accident, breakdown, raid or theft; unidirectional or bi-directional transmission of text, voice and alarm messages and of signal, measuring, sound, image, video, position, movement, state and working hour data between land vehicles, air vehicles, watercraft and locomotion systems, the load/cargo thereof as well as between engines/motors and machines (including drive units and construction machines) and a wide variety of service points (also in the Internet), for emergency services, breakdown services and traffic information as well as for the remote checking (supervision) and remote control/remote automatic control of land vehicles, air vehicles, watercraft and locomotion systems, the load/cargo thereof as well as between engines/motors and machines (including drive units and construction machines); communication via the Internet, communications by computer terminals, computer aided transmission of messages and images; providing telecommunication channels for teleshopping services and chatrooms Class 39: Transport, also of persons; salvaging, transportation, warehousing and other rescue services and operations in an emergency and provision of this; packaging, warehousing and distribution of goods; rental of vehicles, engines/motors and machines (including drive units and construction and transport machines); consultation in the field of traffic and transport, including mobile telematics applications; logistic services; traffic information and control services; route guidance services; travel arrangement and tourist information services Class 40: Treatment of materials, namely engraving, surface treatment and finishing, in particular of metals, plastics, textiles, glass, wood, leather, rubber and of ceramics, in particular for use for vehicles, engines/motors and machines (including drive units and construction machines), and for parts, fittings and accessories thereof; recycling, incineration and destruction, in particular of vehicles, engines/motors and machines (including drive units and construction machines), and of parts and accessories thereof; sorting of waste and recyclable material, in particular from vehicles, engines/motors and machines (including drive units and construction machines), and from parts and accessories thereof Class 41: Education and training services; organisation of exhibitions for educational purposes; entertainment; arrangement of prize competitions; conduct of sporting and cultural activities and events services in connection with the organisation, and conduct of sports, recreational and entertainment competitions and functions; sport camp services; camp services for sport activities: museum services; rental of sports equipment (except vehicles) Class 42: Scientific and technological services and research and design relating thereto; technical consultation and preparation of expert opinions; engineering services; services in connection with research development and testing of new products; programming of data processing software, computer programming, installation, maintenance and care of computer programs, in particular in the field of technical engineering, logistics and traffic and transport telematic; information technology services; design and development of computer hardware and software, IT services via data processing centers, service and alarm centers for transport and traffic, in particular the detection, checking (supervision), evaluation and processing of alarm messages, and signal, measuring, sound, image, video, position, movement, state and working hour data and (remote) control/automatic control of land vehicles, air vehicles and aircraft, locomotion systems, the load/cargo thereof as well as between engines/motors and machines (including drive units and construction machines); technical consultation in the field of recycling; technical consultation in the field of environmental protection; scientific research, also relating to the ocean; meteorological research; industrial analysis and research