Title

Order on Application and Registration etc. of Trade Marks and Collective Marks

(Order No 376 of 19 June 1998)

Source

The present version has been made available by courtesy of the WIPO

(website: www.clea.wipo.int)

 


 

Marks (Collective Marks Registration No. 89/104/EEC), Order, 19/06/1998, No. 376

Order on Application and Registration, etc. of Trade Marks and Collective Marks1)

Pursuant to sections 17, 48 and 60 of the Trade Marks Act, cf. Consolidated Act No. 162 of 21st February 1997 and section 4(3) of the Collective Marks Act No. 342 of 6th June 1991, and by order pursuant to section 1 of the Ministry for Business and Industry Order No. 426 of 27th May 1992 the following shall hereby be laid down:

Part I

National Trade Mark Applications and Registrations

Chapter 1

Trade Marks

Section 1

(1) Application for registration of trade marks shall be filed with the Patent Office.

(2) If the applicant is not domiciled in this country, he must have an agent resident in this country who shall represent him in all matters relating to the application and subsequent registration.

Section 2

(1) The application shall indicate:

(i) the applicant’s name or firm and postal address and where the applicant is represented by an agent, the agent’s name and postal address,

(ii) the goods and/or the services for which registration of the trade mark is requested, grouped in classes in compliance with the classification in the Nice Agreement of 1957 with subsequent amendments concerning international classification of goods and services for the purpose of registration of trade marks and shall be in compliance with the list of classes of goods and services annexed to this Order, and

(iii) the registration number in the home country which is to form the basis for registration in Denmark in the event that registration pursuant to section 35 of the Trade Marks Act is only possible, if registration has taken place in the applicant’s home country.

(2) The application shall include an exact reproduction of the mark.

(3) The following annexes shall be included:

(i) power of attorney for an agent, if any, and

(ii) proof of registration of the trade mark in the home country in the cases referred to in subsection 1, item (iii), hereof.

(4) The prescribed fees shall accompany the application.

Section 3

(1) Claim of priority for the application pursuant to the provisions in section 18 or section 19 of the Trade Marks Act shall be put forward in the application with information from which date and on which basis the priority is claimed or shall be submitted with the information mentioned not later than 1 month after the date of application.

(2) The Patent Office may demand that the applicant within a fixed time limit shall submit proof of priority.

Section 4

An application is furnished with an application date when including a reproduction of the trade mark and stating the applicant’s name or firm and indicating the classes, goods or services to be registered.

Section 5

(1) The Patent Office shall ensure that the conditions of sections 13 and 14(i)–(iii) of the Trade Marks Act are complied with.

(2) The Patent Office shall also examine the other conditions of registration in section 14(iv)–(v) and section 15(1) and (2) of the Trade Marks Act. The applicant shall be notified of the result of this examination in a search report.

Section 6

(1) If a registration hindrance pursuant to section 5(1) of this Order relates to only certain of the goods or services for which registration of the trade mark is applied, the Patent Office may decide to reject the application as regards these goods or services.

(2) An application shall not be rejected with reference to the registration hindrances mentioned in section 14(iv)–(v) and section 15 of the Trade Marks Act.

Section 7

(1) Where an application includes several goods or services it may, at the request of the trade mark proprietor, be divided into several applications.

(2) A request for division shall indicate:

(i) the goods or services which the initial application shall include after division, and

(ii) the goods or services which the divisional application or each of the divisional applications shall include.

(3) A divisional application shall not include goods or services which are not included in the initial application at the time of the request for division of this application. The initial application and the divisional application shall not concern the same goods or services.

(4) The prescribed fees shall accompany the request for division.

(5) An application shall not be divided if a division may lead to doubt as to the extent of the initial application and of the divisional application.

(6) Where request for division has been examined and approved the divisional application shall be furnished with an independent application number. The divisional application shall be furnished with the same application date and date of priority as that of the initial application.

(7) Powers of attorney, transfer documents and other documents concerning the initial application shall also be regarded as documents in each divisional application.

Section 8

When the application has been processed and accepted the trade mark shall be registered and the registration shall be published. The applicant shall be informed of the registration by means of a certified copy of the register.

Section 9

(1) Where a registration includes several goods or services it may, subject to request from the owner, be divided into several registrations.

(2) For division of registrations the provisions in section 7(2–5 and 7) of this Order shall apply mutatis mutandis.

(3) Where the request for division has been processed and accepted the divisional registration shall be furnished with an independent registration number. The divisional registration shall be furnished with the same application date, date of priority, date of registration and date of termination of the registration procedure as those of the initial registration.

Section 10

In the Register of Trade Marks shall be entered:

1) date and number of the application, date and number of the registration, and date of termination of the registration procedure,

2) the name and postal address of the owner,

3) the name and postal address of the agent,

4) a reproduction of the trade mark,

5) the classes, goods and services mentioned under section 2(1) item (ii) of this Order,

6) disclaimers, notification of registration of the trade mark on the basis of incorporation or other observations relating to the trade mark or the extent of the registration, including remarks that, at the request of the trade mark proprietor, it has been specified that the mark is three-dimensional, that the mark is a hologram or a sound mark or similar descriptions of the mark,

7) claimed priority for the application,

8) information that the application is a continuation of an international registration, cf. section 53(2) of the Trade Marks Act, or has been transferred from a Community trade mark application or a Community trade mark registration, cf. section 20 of this Order,

9) information that an international trade mark registration exists, cf. section 54(2) of the Trade Marks Act,

10) information on license, mortgage, attachment or execution proceedings,

11) information on division, and

12) information that the mark has been claimed as seniority for a Community trade mark.

Section 11

(1) Subsequent to the publication of the registration in Dansk Varemærketidende (The Danish Trade Marks Gazette) an opposition may be filed against the validity of the registration, cf. section 23 of the Trade Marks Act. The opposition, which shall be reasoned, shall be filed within 2 months from the date of publication. The prescribed fee shall accompany the opposition

(2) The Patent Office may handle several oppositions against the same trade mark registration as a whole. The Office may subsequently decide to handle one or several oppositions separately. The Office may suspend the handling of one or several of the other oppositions.

(3) The proprietor of the registered right shall be notified of the opposition and have the right to make a statement. Where there are several oppositions against the validity of the registration of a trade mark, the remaining opponents shall also be notified hereof by the Office. If the reason for the opposition is an earlier registered trade mark, the proprietor of the disputed mark may request that the opponent proves that the earlier mark has been used in accordance with section 25 of the Trade Marks Act.

(4) The opponent and the proprietor of the registered right shall be notified of the decision of the Patent Office.

(5) If a registration is declared void and the registration is revoked in full, suspended oppositions, if any, shall be considered to have lapsed.

(6) If the registration is revoked in full or in part, the decision hereof shall be published when it has become final.

(7) The decision of the Patent Office may be brought before the Patent Board of Appeal and the courts in accordance with section 46 of the Trade Marks Act.

Section 12

(1) Subsequent to the termination of the registration procedure any person may request revocation of a trade mark registration, cf. section 30 of the Trade Marks Act. The prescribed fee shall accompany the request.

(2) Where several requests for revocation have been filed, the Patent Office may decide to handle them together. Section 11(2) and (5) of this Order shall apply mutatis mutandis.

(3) The proprietor of the registered right shall be notified of the request and shall have the right to make a statement. Section 11(3) of this Order shall apply mutatis mutandis.

(4) The decision of the Patent Office shall be notified to the person requesting the repeal and to the proprietor of the registered right.

(5) If the registration is revoked in full or in part, the decision hereof shall be published when it has become final.

(6) The decision of the Patent Office may be brought before the Patent Board of Appeal and the courts in accordance with section 46 of the Trade Marks Act. Either of the parties may, however, at any time bring an action against the other party regarding issues raised in the case, irrespective of whether the Patent Office has made a decision regarding the case or not.

(7) The provisions in subsection 1–6 of this Order shall apply to registrations which are claimed as seniority for a Community trade mark, even after these have been deleted from the Danish Register of Trade Marks.

Section 13

If a request for amendment of a trade mark pursuant to section 24 of the Trade Marks Act relates to a mark which does not exclusively consist of ordinary letters, an exact reproduction of the changed mark shall be enclosed.

Section 14

In case of application for renewal pursuant to section 27 of the Trade Marks Act, notification of any changes in ownership or agency may be given. Notification hereof shall be accompanied by proper documentation for the change. Changes in the Register shall be handled independently of the renewal application.

Section 15

(1) A request for entry in the Register of Trade Marks concerning transfer of the right to a registered mark, entry concerning a license to, mortgage of or execution or attachment levied on such a mark shall be accompanied by proper documentation for the established right.

(2) A request for entry of an agent or a new agent or for entry of other amendments in conditions previously registered shall be accompanied by proper documentation for the amendment.

(3) A request made pursuant to subsection 1 of this Order shall be accompanied by power of attorney for the requesting party, if the requesting party does not appear to be entitled to submit such a request.

Section 16

Powers of attorney, transfer documents and other documents referred to in this Order shall, where they are in a foreign language, on request be furnished with a translation which is certified by an official translator.

Section 17

Registrations, divisions of registrations and amendments to the Register including cancellations of registered trade marks shall be published in Dansk Varemærketidende (The Danish Trade Marks Gazette).

Chapter 2

Collective Marks

Section 18

(1) The rules laid down in sections 1–17 of this Order shall also apply to collective marks.

(2) An application for registration of a collective mark shall, apart from the specifications mentioned in section 2 of this Order, include the rules laid down concerning the use of the collective mark.

(3) Apart from the information referred to in section 10 of this Order, the rules laid down concerning the use of the collective mark shall be entered in the Register of collective Marks.

Part II

European Community Trade Marks

Chapter 3

Section 19

For an application for registration of a Community trade mark filed with the Patent Office a fee shall be paid for the Office’s acceptance and transmission of the application to the Harmonisation Office.

Section 20

(1) Where the Patent Office from the Harmonisation Office receives an applicant’s or proprietor’s request for transfer of a Community trade mark application or a Community trade mark registration to an application for a national registration, cf. article 108–110 in Council Regulation (European Community) No. 40/94, 20th December 1993 on Community Trade Marks, and rule 44–47 in Commission Regulation (European Community) No. 2868/95, 13th December 1995 on implementation of Council Regulation (European Community) No. 40/94, 20th December 1993 on Community Trade Marks, and if the request is complied with, it shall be considered as a national trade mark application provided that the applicant within two months from the Patent Office’s acceptance of the request:

(i) pays the prescribed fee for Danish applications,

(ii) files a translation of the request and its annexe’s into Danish,

(iii) states an address selected in Denmark, and

(iv) encloses a reproduction of the trade mark.

(2) Where the request is complied with the application shall be given the same date of application, date of priority or date of seniority as the Community trade mark application or registration.

(3) Where the requirements in subsection 1 of this Order are not complied with, the request shall be rejected.

Part III

International Registration of Trade Marks

Chapter 4

International Application

Section 21

(1) The application for international registration of a trade mark pursuant to the Madrid Protocol shall be filed with the Patent Office on a form designed for that purpose or a form with the same format and contents.

(2) The application shall be in English. The form shall be in typescript.

(3) The prescribed fee for the handling by the Patent Office shall accompany the application.

(4) The applicant may appoint an agent to represent him in connection with the Patent Office’s handling of the application. The agent shall be domiciled in this country.

Section 22

(1) An application for international registration of a trade mark shall be stamped with the date of acceptance in the Patent Office and the file number of the Office.

(2) The application shall include the following:

(i) the name and postal address of the applicant,

(ii) a reproduction of the trade mark,

(iii) an indication of the States or organisations designated,

(iv) an indication of the goods or services for which the trade mark is required to be registered, grouped in classes according to the international classification of goods and services (the Nice Agreement), and

(v) an indication of date and number of the application or of date and number of the registration for the Danish basic application or basic registration.

(3) If the applicant wants to be represented by an agent in dealings with the International Bureau, the agent’s name and address shall appear from the application.

(4) The application shall, moreover, be in accordance with articles 3, 3b and 3c in the Madrid Protocol and the rules in the implementation regulations under the Protocol.

Chapter 5

Examination and other Processing of Applications

Section 23

(1) Where the application complies with section 21 and 22 of this Order, including the provisions in section 55, 56 and 57 of the Trade Marks Act, and if there is compliance between the information in the international application and the information in the basic application or the basic registration, the Patent Office shall transfer the international application to the International Bureau.

(2) Where there is anything to hinder a transmission of the application, the Patent Office shall take a position on whether the application shall be shelved or sent to the International Bureau as it is. The applicant is notified of the decision of the Office.

Chapter 6

Subsequent Designation

Section 24

(1) Request for subsequent designation pursuant to the Madrid Protocol may, if the proprietor is domiciled in Denmark, be filed with the Patent Office or the International Bureau. The request shall be filed on a form designed for that purpose or a form with the same format and contents.

(2) If the request is filed with the Patent Office, the prescribed fee for the handling by the Patent Office shall be paid at the same time.

(3) The provisions in section 22(2) of this Order shall apply mutatis mutandis.

(4) The request shall furthermore be prepared in accordance with the relevant provisions in the implementation regulations under the Madrid Protocol.

(5) Where the request is in accordance with the provisions of subsections 1, 2 and 3 of this Order, the Office shall transmit the request to the International Bureau.

(6) The applicant may appoint an agent to represent him in connection with the Patent Office’s handling of the request. The agent shall be domiciled in this country.

Chapter 7

Processing of Designation of Denmark

Section 25

(1) Where the Patent Office receives notification from the International Bureau that Denmark is designated in an international registration of trade marks, the Office shall investigate whether there is anything to hinder the validity of the registration in Denmark. Section 5 of this Order shall apply mutatis mutandis.

(2) Where the Office finds that the international registration, as it is, cannot obtain validity in Denmark, notification of complete or partial rejection to the International Bureau shall be given with a time limit for the proprietor to make a statement to the Patent Office. At the same time the Patent Office shall submit the prepared search report and the notification of rejection, if any, to the applicant.

(3) Where the proprietor of the international trade mark registration wants to make a statement on the provisional rejection of the Patent Office, the proprietor shall appoint an agent, resident in this country and being able to represent the proprietor in all matters concerning the handling of the validity of the international registration in Denmark.

(4) Subsequent to expiry of the time limit mentioned in subsection 2 of this Order the Patent Office shall make a decision on whether the notified rejection shall be maintained.

(5) When the decision on the validity of the registration in Denmark has become final, notification to the International Bureau shall be given hereof.

(6) If the registration is maintained in full or in part, the designation shall be published in Dansk Varemærketidende (The Danish Trade Marks Gazette). The publication shall include an indication of the trade mark, the name and domicile of the proprietor, the class(es) included by the registration, the date of the international registration including the number of the issue of Den Internationale Gazette (the International Gazette) in which the registration has been published.

Section 26

(1) Subsequent to the publication of the designation in Dansk varemærketidende (The Danish Trade Marks Gazette) an opposition may be filed against the validity of the registration in Denmark. The opposition, which shall be reasoned, shall be filed with the Patent Office within 2 months from the date of publication. The prescribed fee shall accompany the opposition.

(2) Subsequent to the receipt of an opposition the Patent Office shall notify the International Bureau that the registration has no validity in Denmark until further notice. The notification shall include statement of reasons for the opposition.

(3) Where the proprietor of the international registration wants to make a statement on the opposition, section 25(3) of this Order shall apply mutatis mutandis.

(4) The Patent Office may handle several oppositions against the same international trade mark registration as a whole. The Office may subsequently decide to handle one or several oppositions separately. The Office may suspend the handling of one or several of the other oppositions.

(5) The opponent and the proprietor of the international registration shall be notified of the decision of the Patent Office regarding the opposition.

(6) Where the opposition is complied with the validity of the registration in Denmark shall be declared void in full or in part.

(7) When the decision that the validity of a registration in Denmark is declared void in full has become final, suspended oppositions, if any, shall be considered to have lapsed and the parties involved shall be notified hereof.

(8) The decision of the Patent Office may be brought before the Patent Board of Appeal and the courts in accordance with section 46 of the Trade Marks Act.

(9) When the decision has become final the Patent Office shall notify the International Bureau hereof. Any changes in the extent of the registration shall be published in Dansk Varemærketidende (The Danish Trade Marks Gazette).

Section 27

(1) When the registration has become valid in Denmark, anyone may file a request for revocation of the registration with the Patent Office. The request shall be accompanied by a statement of reasons. The prescribed fee shall accompany the request.

(2) Where several requests for revocation have been filed, the Patent Office may decide to handle them together. Section 26(4) of this Order shall apply mutatis mutandis.

(3) Where the proprietor of the international registration wants to make a statement on the request section 25(3) of this Order shall apply mutatis mutandis.

(4) The person who has requested revocation of the registration and the proprietor of the international registration shall be notified of the decision of the Patent Office.

(5) If the validity of the registration is revoked in full or in part, the decision hereof shall be published when it has become final.

(6) The decision of the Patent Office may be brought before the Patent Board of Appeal and the courts in accordance with section 46 of the Trade Marks Act. Any of the parties may, however, at any time bring an action against the other party concerning questions which have been brought forward in the case whether the Patent Office has made a decision in the case or not.

Chapter 8

Continuation of an International Registration

Section 28

(1) An application on continuation in Denmark pursuant to section 53(2) of the Trade Marks Act and article 9 e, in the Madrid Protocol shall include a reference to the number of the international registration and information on the date and priority, if any, for the international registration or the date of the subsequent designation.

(2) The prescribed fees for such applications shall accompany the application.

(3) The filed application shall, moreover, be treated in accordance with the provisions applying for national applications.

Chapter 9

Entries in the Register of International Registrations

Section 29

(1) The Patent Office shall keep a register of international registrations with validity for Denmark.

(2) In this register the information on the registrations received from the International Bureau shall be entered. On request, other entries relating to an international registration, including entries of national agent, mortgage, execution proceedings, license and attachment may also be made.

Chapter 10

Collective Marks

Section 30

(1) Sections 21–29 of this Order shall also apply for international registrations of collective marks or certification marks.

(2) Where an application on international registration of a collective mark or certification mark is filed, this must expressly appear from the application.

Part IV

Chapter 11

Notification to proprietors of national or international trade marks with validity in Denmark

Section 31

(1) Proprietors of a trade mark or collective mark, applied for or registered, with validity in Denmark may request to receive current information from the Patent Office when a trade mark registration or collective mark registration with validity in Denmark is published and the proprietor of the trade mark has been mentioned in the search report relating to the published registration. The proprietor may request only to receive notification if a risk of confusion between the marks, still remains.

(2) The prescribed fee shall accompany the request for notification. The request shall be valid for 1 year.

Section 32

(1) Proprietors of a trade mark or collective mark, applied for or registered, with validity in Denmark may request to receive current information from the Patent Office when an application for registration of a Community trade mark or Community collective mark is published and the proprietor of the application or registration has been mentioned in the Danish search report for the published application.

(2) The prescribed fee shall accompany the request for notification. The request shall be valid for 1 year.

Part V

Chapter 12

Provisions as to Entry into Force

Section 33

(1) This Order shall enter into force on 1st January 1999.

(2) Part I and III of this Order shall apply for trade mark applications filed after 1st January 1999 and for international registrations which designate Denmark after 1st January 1999.

(3) At the same time, Order No. 1264 of 23rd December 1996 on Application and Registration etc. of Trade Marks and Collective Marks, National and International, Order No. 977 of 14th December 1995 on Application of Trade Marks and Collective Marks by Applicants domiciled in certain foreign States, and Order No. 848 of 13th December 1991 on Priority for Applications for Registration of Trade Marks for Applicants Domiciled in India shall be repealed.

Section 34

Part II and III shall not apply for Greenland and the Faroe Islands.

The Danish Patent Office, 19th June 1998

Mogens Kring

/ Knud Wallberg

List of Classes Of Goods and Services

Goods:

Class 1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; 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, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.

Class 5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6. Common metals and their alloys; metal building materials; trans-portable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

Class 8. Hand tools and implements (hand operated); cutlery; side arms; razors.

Class 9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fireextinguishing apparatus.

Class 10. Surgical, medical, dental and veterinary apparatus and instruments, artifical limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12. Vehicles; apparatus for locomotion by land, air or water.

Class 13. Firearms; ammunition and projectiles; explosives; fireworks.

Class 14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

Class 15. Musical instruments.

Class 16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks.

Class 17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Class 18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

Class 19. Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class 21. Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23. Yarns and threads, for textile use.

Class 24. Textiles and textile goods, not included in other classes; bed and table covers.

Class 25. Clothing, footwear, headgear.

Class 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Class 28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Class 29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Class 32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33. Alcoholic beverages (except beers).

Class 34. Tobacco; smokers’ articles; matches.

Services:

Class 35. Advertising; business management; business administration; office functions.

Class 36. Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37. Building construction; repair; installation services.

Class 38. Telecommunications.

Class 39. Transport; packaging and storage of goods; travel arrangement.

Class 40. Treatment of materials.

Class 41. Education; providing of training; entertainment; sporting and cultural activities.

Class 42. Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be classified in other classes.