Owner ALDI Stores (A Limited Partnership)

Service Cullen & Co

Various Provisions of subsection 41(5) applied.

Filing Date 9 August 2006

Class 6 Goods of metal or predominantly metal for garden use including cloches, cold frames, greenhouses, gazebos, arches, hanging baskets, edging strips, mesh panels, garden hose reels; hose nozzles; cutting lines or strings of metal for use with weed and grass cutters or trimmers; and parts and accessories therefor

Class 7 Machines and machine tools for garden use; electric hand tools and cordless hand tools for garden use; agricultural implements; shredding machines; mowing machines including petrol and electric lawn mowers; pumps including garden jet pumps; air-blowing and suction apparatus including blower vacuums; line trimmers; edge trimmers; chain saws; and parts and accessories therefor

Class 8 Hand tools and implements (hand-operated) for garden use; push mowers; edge trimmers; garden sprayers; pumps; garden tools in this class including garden rakes, trowels, shears, hedge shears, hedge trimmers, pruning shears, pruning saws, pruning sets, tree pruners with or without extension pole, spades, shovels, forks, secateurs; long handled garden tools; stainless steel garden tools; folding garden tools; telescoping garden tools; and parts and accessories therefor

Class 11 Apparatus for lighting, heating and water supply being for garden use including water sprinkling apparatus, water spraying apparatus, drip irrigation emitters, drip systems, tap nozzles, fountains, outside lights, outside heaters; and parts and accessories therefor

Class 12 Trolleys; hose reel trolleys; wheelbarrows; and parts and accessories therefor

Class 17 Flexible pipes, not of metal for garden use; irrigation hoses; garden watering hoses; hose pipes; insulators for hoses and pipes; and parts and accessories therefor

Class 19 Greenhouses, gazebos, arches; landscaping materials including edging strips, mesh panels; ornamental garden features in this class; and parts and accessories therefor

Class 20 Furniture for garden use; benches, chairs, deck chairs, sling chairs, folding and collapsible chairs, swing chairs, loungers and recliners, stools, tables, folding tables, chair and table sets all for outdoor use; garden hose reels; storage boxes and bins for outdoor use; cushions being outdoor and weatherproof cushions, bolsters; privacy screens; ornamental garden features in this class; and parts and accessories therefor

Class 21 Flower pots, fruit-growing pots, pot liners; glazed pots, planters, baskets, hanging baskets, hanging basket liners; self-watering pots and planters; seed trays, cutting trays; watering cans; nozzles for watering cans; nozzles for sprinkler hoses; gardening and utility gloves; storage boxes and bins for outdoor use; statuary; ornamental garden features in this class; and parts and accessories therefor