OPPOSITION No B 2 021 031

MIP Metro Group Intellectual Property GmbH & Co. KG, Metro-Str. 1, 40235 Düsseldorf, Germany (opponent), represented by MIP Metro Group Intellectual Property GmbH & Co. KG, Anna Sophie Steinmeister, Metro-Str. 1, 40235 Dusseldorf, Germany (employee representative)

a g a i n s t

Nikolaos Dedidis, Nikiforou Foka 27, 54621 Thessaloniki, Greece (applicant), represented by Olga Ntova, Akadimias 61, 10679 Athens, Greece (professional representative).

On 16/05/2017, the Opposition Division takes the following

DECISION:

1.        Opposition No B 2 021 031 is upheld for all the contested goods and services.

2.        European Union trade mark application No 10 517 671 is rejected in its entirety.

3.        The applicant bears the costs, fixed at EUR 650.

REASONS:

The opponent filed an opposition against all the goods and services of European Union trade mark application No 10 517 671. The opposition is based on, inter alia, European Union trade mark registration No 9 512 609. The opponent invoked Article 8(1)(b) EUTMR.

LIKELIHOOD OF CONFUSION – ARTICLE 8(1)(b) EUTMR

A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings. Whether a likelihood of confusion exists depends on the appreciation in a global assessment of several factors, which are interdependent. These factors include the similarity of the signs, the similarity of the goods and services, the distinctiveness of the earlier mark, the distinctive and dominant elements of the conflicting signs and the relevant public.

The opposition is based on more than one earlier trade mark. The Opposition Division finds it appropriate to first examine the opposition in relation to the opponent’s European Union trade mark registration No 9 512 609.

1. The goods and services

The goods and services on which the opposition is based are the following:

Class 9: Scientific navigation, gauging, photographic, film, optical, weighing, measuring, signalling, controlling, rescue and teaching equipment and instruments; apparatus and instruments for conducting, switching, converting, saving, regulating and controlling electricity; devices for recording, transmission and playback of sound and images; data carriers of all kinds, with and without data; automatic distribution machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing apparatus, computers and computer software; fire extinguishing devices; foil welding apparatus; make-up removing appliances, electric, accumulators, electric, alarms, ammeters, testing apparatus not for medical purposes, starter cables for motors, answering machines, junction boxes (electricity), couplings, electric, aerials, indicators (electricity), asbestos clothing for protection against fire, asbestos gloves for protection against accidents, respiratory masks, other than for artificial respiration, distribution machines, automatic, batteries, electric, phototelegraphy apparatus, video telephones, diaphragms (photography), anti-glare glasses, anti-dazzle shades, flashing lights (luminous signals), lightning conductors (rods), flash-bulbs (photography), self-regulating fuel pumps, letter scales, spectacles (optics), spectacle cases, spectacle frames, spectacle glasses, CD players, compact discs (read only memory), compact discs (audio-video), computers, computer peripheral devices, computer keyboards, data processing apparatus, computer software, recorded, computer programs (downloadable software) diagnostic apparatus, not for medical purposes, theft prevention installations, electric, dictating machines, printers for use with computers, electronic notice boards, electrified fences, cables, electric, wires, electric, binoculars, field glasses, television apparatus, clothing for protection against fire, cameras (photography), cinematographic cameras, films, exposed, photocopiers (photographic, electrostatic, thermic), radiotelephony sets, workmen’s protective face shields, altimeters, electric devices for attracting and killing insects, wire connectors (electricity), sheaths for electric cables, push buttons for bells, knee pads for workers, compasses, regulating apparatus, electric, headphones, copper wire, insulated, couplings, chargers for electric batteries, laptops (computers), loudspeakers, cabinets for loudspeakers, light-emitting electronic pointers, lasers, not for medical purposes; electric arc cutting apparatus, signs, luminous, soldering apparatus, electric, soldering irons, electric, sounding apparatus and machines, plumb bobs, mouse pads (mouse mats), mice (data processing equipment), measuring apparatus, microphones, portable telephones, monitors (computer hardware), modems, teeth protectors, navigation apparatus for vehicles (on-board computers), navigational instruments, objectives (lenses) (optics), ear plugs for divers, optical apparatus and instruments, optical data media, fibre (fiber (Am.)) optics, radio pagers, record players, precision measuring apparatus, precision balances, radios, vehicle radios, cash registers, cathodic anti-corrosion apparatus, egg timers (sand glasses), satellite navigational apparatus, scanners, electric apparatus for commutation, gloves for protection against x-rays for industrial purposes, protective helmets, protective masks, welding electrodes, electric welding apparatus, water wings, swimming belts, swimming jackets, signals, luminous or mechanical, sunglasses, voltmeters, goggles for sports, sprinkler systems for fire protection, sockets, plugs and other contacts (electric connections), covers for electric outlets, pocket calculators, electronic pocket translators, diving suits, divers’ masks, gloves for divers, tachometers, telephone apparatus, sound recording apparatus, door openers, electric, shoes for protection against accidents, irradiation and fire, amusement apparatus for use as additional apparatus for televisions, audiovisual teaching apparatus, video recorders, vehicle breakdown warning triangles, electronic agendas, protective clothing against accidents, rays and fire, pocket PCs, personal and digital assistants, wireless email devices; optical storage media for recording, storing and playback of sounds, images and information, including compact discs (CDs), magnet-optical discs (MD, MO) and digital versatile discs (DVDs); magnetic discs and magnetic discs with greater capabilities for recording, storing and playback of information; portable storage media, in particular USB sticks, digital cards, empty smart media cards, compact flash memory cards; devices and apparatus for revealing, coding, decoding, transmitting, receiving, saving and converting sound and/or image signals, in particular digital and analogue compact satellite units, DVBT receivers, DVBT aerials, SAT receivers and SAT keys; electric and electronic devices and equipment for analogue, digital or optical receiving and/or analogue, digital or optical adaptation, playback, controlling or sharing of optical, acoustic or image signals; audiovisual equipment connected with the aforementioned goods; televisions, radios, amplifiers, loudspeakers, cassette, record or CD recording or playing apparatus; carriers for stored signals, apparatus and instruments for recording, playback, displaying, coding, decoding, transmitting, receiving, storing and converting sound and/or video signals and/or data; televisions; radios; video players/recorders, cameras and video cameras, decoders for television signals, CD players and DVD players and recorders, record players, computers and computer peripheral devices, communication devices and instruments, telephones, including cordless telephones, navigation systems; apparatus for games adapted for use with a television and/or an external display screen and/or monitor; amusement apparatus adapted for use with a television, amusement apparatus adapted for use with an external display screen or monitor, recorded and unrecorded cassettes, records and other recorded media; headphones, radio alarm clocks, DVD players and recorders, MP3 players; parts and component parts for all of the preceding goods.

Class 35: Advertising; business management; business administration; office work; updating of advertising material; acceptance, processing and developing of orders (office work); employer assignment; cost price analysis; business inquiries; business management and organization consultancy; advisory services for business management; procurement services for others (purchasing goods and services for other businesses); order processing, delivery order services and invoice development services, also in the framework of e-commerce; hypermarkets, supermarkets, grocery retailers and warehouses, namely arranging contracts for third parties regarding the buying and selling of goods as well as the provision of services; import-export agencies; professional business consultancy; book-keeping, auditing, computerized file management; advertising agencies; services for builders, namely organisational preparation of building projects; tax advisory services, namely creation of tax returns; accounting services; auctioneering, also online; transcription; bonus and loyalty programmes as customer retention programmes for marketing purposes (included in this class); following up of bonus and loyalty programmes as customer retention programmes for marketing purposes via evaluation and summarising of statistical data (included in this class); relocation services for businesses; development of use concepts for properties with regard to business management (facility management); business investigations; compilation of accounts, statistics, business management opinions, abstracts of accounts, tax returns and/or economic forecasting; commercial information and advice for consumers (consumer advice shop); invoicing; television advertising; business management of performing artists and hotels; photocopying; publication of statistics and/or publicity texts; commercial or industrial management assistance; business information; cinema advertising; commercial administration of the licensing of the goods and services of others; customer acquisition and care through mail order advertising; payroll preparation; modelling for advertising or sales promotion; marketing research, also in digital networks; marketing studies; opinion polling; data search in computer files for others and/or business research; online advertising on a computer network; organization of exhibitions for commercial or advertising purposes; business organization consultancy; organisational consultancy, organisational project management on computers; outsourcing services (business assistance); employment agencies; personnel recruitment; psychological testing for the selection of personnel; personnel management consultancy; maintenance of data on computers; bill-posting; planning and creation of advertising measures; planning and monitoring of company developments with regard to organisation; business management assistance; ascertainment of prices for goods and services, price comparison services, presenting of companies in the Internet and other media, drawing up of statements of accounts for electronic ordering systems; printed advertising, radio advertising; news clipping services; shop window dressing; typing; word processing; shorthand; sponsorship in the form of advertising; systemization of information into computer databases; telephone answering for unavailable subscribers, telephone billing, telemarketing, company consultancy, writing of publicity texts; sales promotion for others; office machines and equipment rental, in particular photocopying machines; rental of vending machines; rental of stalls for selling; rental of advertising space, also online (banner exchange); publicity material rental; rental of advertising time on communication media; arranging subscriptions to telecommunication services for others; relaying of addresses, trade and business details, also online and of commercial transactions for third parties, also in the context of e-commerce, of mobile telephone contracts (for third parties), of contracts for third parties regarding buying and selling of goods; arranging advertising and promotional contracts for others; business management consulting for franchise concepts; arranging temporary workers; arranging newspaper subscriptions for others; advertising by mail order; direct mail advertising; representing the business interests of interested third parties with regard to political decision making; compilation of various goods (except the transport thereof) for third parties, in order to make viewing and purchasing of the goods easier for users; commercial administration of the licensing of the goods and services of others; layout services for advertising purposes; sponsorship search; presentation on communication media of hospitals and firms and other German health organizations for presentation and selling purposes; publication of brochures for advertising, in particular catalogues; services for the retail industry, also via Websites and teleshopping programmes, namely administration of the business affairs of a retail store, retail services and presentation of goods connected with the sale featuring food, beverages, shoes, headgear, leather goods, household textiles, household goods, objects of utility for the household, garden and DIY articles, bicycles, cleaning and washing products, cosmetics, perfumes, printing products, stationary, electrical devices, furniture, paints, sports goods, toys, jewellery, namelychemical preparations for industrial, scientific, photographic, agricultural, horticultural and forestry purposes, artificial resins, unprocessed, unprocessed plastics, fertilizers, fire extinguishing compositions, metal tempering and brazing chemicals, chemical preparations for the preservation of foodstuffs, tanning material, adhesives for industrial purposes, humus, soil conditioning preparations (chemical), distilled water, fertilizers, defoliants, fixing baths (photography), fixing solutions (photography), stain-preventing chemicals for use on fabrics, photographic paper, photometric paper, gelatine for industrial purposes, wood vinegar, humus top dressing, iodized salts, cement for mending broken articles, cryogenic preparations, coolants for vehicle engines, earth for growing, loam, sensitized plates for offset printing, photographic paper, chemical preparations for smoking meat, compositions for repairing tyres, cement for boots and shoes, starch for industrial purposes, adhesives for paper hanging, water-softening preparations, additives (chemical) to motor-fuel, sweeteners (artificial) (chemical preparations), sensitized films, unexposed, impregnating chemicals, especially for tents, clothing, shoes, water, swimming pools, baths, and hot water container treatment chemicals, antifreeze, chemical additives for oil, paints and varnishes, anti-rust preparations for preservation, wood preservatives, dyes, mordants, natural resins, unprocessed, sheet metals and metals in powder form for painters, decorators, printers and artists, anti-tarnishing preparations, bactericidal paints, mordants, bitumen varnish, binding preparations for paints, thickeners for paints, printers’ pastes (inks), printing ink, enamels for painting, colourants for beverages and food, fixatives (varnishes), fixatives for watercolours, glaziers’ putty, wood coatings (ceramic paints, paints), wood mordants, wood preservatives, indigo (colourant), mastic (natural resin), anti-corrosive preparations, food dyes, metal foil for painters, decorators, printers and artists, paper for dying Easter eggs, wallpaper removing preparations, turpentine (thinner for paints), toners (black) for photocopiers, toners for photocopiers, toner cartridges (filled) for printers and photocopiers, undercoating for vehicle chassis, thinners for lacquers, watercolours, toners for laser printers, colour cartridges for ink-jet printers, laundry and bleach preparations, furbishing, polishing and degreasing preparations and abrasives, soaps, perfumes, essential oils, toiletries, hair lotions, dentifrices, scouring solutions, antistatic preparations for household purposes, antiperspirants (toiletries), aromatics (essential oils), flavourings for beverages (essential oils), breath freshening sprays, ethereal essences, essential oils, flavourings for cakes (essential oils), bath salts, not for medical purposes, cosmetic bath preparations, moustache wax, pumice stone, skin whitening creams, bleaching preparations (decolorants) for cosmetic purposes, parquet floor wax, polish for furniture and flooring, deodorants for personal use, detergents other than for use in manufacturing operations and for medical purposes, scented wood, sachets for perfuming linen, paint stripping preparations, depilatory preparations, depilatory wax, scale removing preparations for household purposes, color brightening chemicals for household purposes (laundry), laundry blueing, colorants for toilet purposes, colour-removing preparations, cosmetic dyes, greases for cosmetic purposes, varnish-removing preparations, stain removers, laundry glaze, shining preparations (polish), starch glaze for laundry purposes, glass cloth, smoothing preparations (starching), smoothing stones, hair dyes, hairspray, shampoos, cosmetics, cosmetic kits, lacquer-removing preparations, creams for leather, leather preservatives (polishes), mouthwashes, not for medical purposes, oils for toilet purposes, oils for cosmetic purposes, oils for cleaning purposes, oils for perfumes and scents, perfumes, flavorings (flavourings) for beverages (essential oils), polishing creams, polishing paper, polishing stone, polishing wax, pomades for cosmetic purposes, dry cleaning preparations, shaving preparations, shaving soap, after-shave lotions, fumigation preparations (perfumes), windscreen cleaning liquids, cleaning preparations, rust removing preparations, cosmetic preparations for slimming purposes, abrasive paper, emery paper, boot cream, shoe wax, shampoos, sun-tanning preparations (cosmetics), starch for laundry purposes, cosmetics for animals, shampoos for pets, toiletries, tissues impregnated with pharmaceutical lotions, petroleum jelly for cosmetic purposes, cotton wool for cosmetic purposes, swabs (toiletries), fabric softeners for laundry use, dentifrices, cutlery cleaning preparations, cleaning preparations for cars, cleaning spray for use in car fittings, paint cleaner, car wax, car shampoo, car polishing preparations, shower and bath gel, impregnated or moist towels or wipes for personal hygiene, toilet cleaning preparations, canned pressurized air for cleaning and dusting purposes, dental bleaching gels, joss sticks, technical oils and fats, lubricants, dust laying compositions, fuel (including motor fuel) and lighting fuel, candles, wax lights, night lights and wicks, alcohol (fuel), oils for paints, bee wax, Christmas tree candles, dust removing preparations, fuel, namely wood briquettes, methylated spirit, charcoal (fuel), wood spills for lighting, candles, perfumed candles, firelighters, coal, coke, peat briquettes (fuel), motor oil, lubricants, lubricating grease, lubricating oil, soya bean oil preparations for non-stick treatment of cooking utensils, sunflower oil for industrial purposes, grease for boots, wax (raw material), illuminating wax, pharmaceutical and veterinary preparations, hygiene preparations for medical use, dietetic substances for medical purposes, food for babies, plasters, dressings, medical, teeth filling material and dental impression materials, disinfectants, means for attracting dangerous animals, fungicides, herbicides, algicides, medicines for human purposes, medicines for veterinary purposes, medicines for dental purposes, acetates for pharmaceutical purposes, bath salts for medical purposes, therapeutic preparations for the bath, balms for medical purposes, hygienic bandages, bandages for dressings, haemostatic pencils, chemical preparations for medical purposes, confectionery, medicated, chemical preparations for pharmaceutical purposes, chemical preparations for veterinary purposes, chemico-pharmaceutical preparations, sanitary towels, deodorants, other than for personal use, dietetic beverages adapted for medical purposes, dietetic substances adapted for medical use, dietetic foods adapted for medical purposes, albuminous preparations for medical purposes, aluminium acetate for pharmaceutical purposes, greases for medical purposes, fly catching paper, fly glue, additives to fodder for medical purposes, glucose for medical purposes, belts for sanitary napkins (towels), adhesives for dentures, antiparasitic collars for animals, herb teas for medicinal purposes, corn remedies, corn rings for the feet, repellents for dogs, dog lotions, dog washes, pants, absorbent, for incontinents, insecticides, chewing gum for medical purposes, germicides, adhesive tapes for medical purposes, adhesive tapes for medical purposes, compresses, air freshening preparations, medicinal drinks, medicinal hair growth preparations, medicinal tea, milking grease, sanitary panties, menstruation pads, mineral food-supplements, mineral water for medical purposes, menstruation bandages, mothproofing preparations, mothproofing paper, mouthwashes for medical purposes, albuminous foodstuffs for medical purposes, nutritional additives for medical purposes, medicinal oils, pesticides, plasters for medical purposes, pharmaceutical preparations, rat poison, fumigating sticks, medicine cases, portable, filled, panty liners (sanitary), breast-nursing pads, tobacco-free cigarettes for medical purposes, tissues impregnated with pharmaceutical lotions, first-aid boxes, filled, dressings, medical, surgical dressings, absorbent cotton, vitamin preparations, wadding for medical purposes, napkins for incontinents, dietetic foodstuffs for vitamin-based healthcare, minerals, trace elements, either single or in combination, amino acid-based nutritional additives, minerals and trace elements, women’s hygiene products, fragrance for toilets, deodorants for clothing and textiles, common metals and their alloys, building materials of metal, buildings, transportable, of metal, railway material of metal, cables and wires of metal (not for electrical purposes), metal hardware, metal pipes, safes (strong boxes), metal goods, ores, aluminium foil, gutter pipes of metal, bicycle parking installations of metal, branching pipes of metal, anvils, mooring buoys of metal, wire for aerials, anchors, jets of metal, outdoor blinds of metal, cabanas of metal, beacons of metal, non-luminous, beams of metal, bindings of metal, fittings of metal for building, building materials of metal, building boards of metal, buildings of metal, tanks of metal, containers of metal for compressed gas or liquid air, fittings of metal for beds, bed casters of metal, letter boxes of metal, containers of metal, sheets and plates of metal, letters and numerals of common metal, except type, roofing of metal, roof coverings of metal, tiles of metal, gutters of metal, boxes of common metal, wire rope, drain pipes of metal, turnstiles, non-automatic, pegs of metal, nozzles of metal, brackets of metal for building, ironmongery, badges of metal for vehicles, barrels of metal, taps for casks, of metal, barrel hoops of metal, ironwork for windows, fittings of metal for windows, foils of metal for wrapping and packaging, handling pallets of metal, floors of metal, cashboxes of metal, framework of metal for building, greenhouses of metal, transportable, hooks (metal hardware), towel dispensers, fixed, of metal, brazing alloys, anvils (portable), cast iron, unwrought or semi-wrought, chicken houses, of metal, chains for dogs, identity plates of metal, jalousies of metal, cable joints of metal, non-electric, tiles of metal for building, chests of metal, cramps of metal (crampons), clothes hooks of metal, bells, preserving boxes of metal, copper wire, not insulated, baskets of metal, knobs of metal, pitons of metal (mountaineering equipment), loading pallets, of metal, cask stands of metal, straps of metal for handling loads, laths of metal, duckboards of metal, soldering wire of metal, porches of metal (building), wall claddings of metal (building), bottles (metal containers) for compressed gas or liquid air, chains of metal, frames of metal for building, fittings of metal for furniture, sleeves (metal hardware), nails, rivets of metal, registration plates, of metal, palings of metal, posts of metal, wheel clamps (boots), lock bolts, junctions of metal for pipes, roller blinds of steel, strap-hinges of metal, hooks for slate (metal hardware), locks of metal, other than electric, rings of common metal for keys, keys, chimney pots of metal, screws of metal, nuts of metal, vice benches of metal, soldering wire of metal, rods of metal for brazing and welding, safety cashboxes of metal, sills of metal, eye bolts, silver solder, signalling panels, non-luminous and non-mechanical, of metal, barbed wire, steel sheets, steel wire, steel buildings, steps (ladders) of metal, pins (hardware), barrels of metal, staircases of metal, ironwork for doors, door fittings, of metal, door frames of metal, packaging containers of metal, foils of metal for wrapping and packaging, tinplate packings, linings of metal (building), water-pipes of metal, padlocks, bird baths (structures of metal), aviaries of metal (structures), tool boxes of metal, empty, tent pegs of metal, tacks (nails), installation accessories of metal for blinds, diaphragms from aluminium and steel, metal brackets, fastening elements, springs, locks, chains, all from metal and for jalousies and gardens, buckles of common metal (hardware), machines for house and garden, machine tools, motors, other than for land vehicles, couplings other than for land vehicles, agricultural equipment, incubators for eggs, waste compacting machines, filling machines, whitewashing machines, machines and apparatus for wax-polishing, electric, bread machines, ironing machines, steam engines, cleaning appliances utilizing steam, tin openers, electric, lathes (machine tools), joints (parts of engines), compressed air machines, compressed air engines, compressed air pumps, dynamos, electric hammers, motors, electric, other than for land vehicles, kitchen machines, electric for preparation of food, electrically-operated equipment for household and kitchen for compressors, ditchers, milling, cutting, pressing, preparing, whipping and/or beating, labellers (machines), spray guns for paint, fruit presses, electric, for household purposes, freewheels other than for land vehicles, dishwashers, hangers (parts of machines), reapers, flour mills, die-cutting and tapping machines, threading machines, chaff cutter blades, taps (parts of machines, engines or motors), electric hand drills, hand-held tools, other than hand-operated, elevating apparatus, planing machines, woodworking machines, high pressure washers, stitching machines, hydraulic engines for machines and motors, hydraulic door openers and closers (machine parts), sizing machines, coffee grinders, other than hand-operated, chain saws, glue guns, electric, food processors, electric, air condensers, calenders, tables for machines, stands for machines, scissors, electric, mortising machines, knives, electric, blade sharpening (stropping) machines, blenders, electric, for household purposes, mixers (machines), sewing machines, riveting machines, mills for household purposes, other than hand-operated, emergency power generators, pumps (parts of machines, engines or motors), lawnmowers (machines), machines and apparatus for cleaning, electric, beaters, electric, whisks, electric, for household purposes, spinning frames, rinsing machines, vacuum cleaners, vacuum cleaner bags, vacuum cleaner hoses, vacuum cleaner attachments for disseminating perfumes and disinfectants, knitting machines, drying machines, universal cookers, fans for motors and engines, fan belts for motors and engines, valves (parts of machines), wrapping machines, jacks (machines), washing apparatus, washing machines, alternators, wringing machines for laundry, tools (parts of machines), machine tools, holding devices for machine tools, sparking plugs for internal combustion engines, pistons for cylinders, cylinders for motors and engines, brushes, electrically operated, igniting magnetos for engines, electric and pneumatic tools for building, for the timber industry, for mechanics and for handymen, particularly drilling machines, nail guns, saws (machines), saw blades (parts of machines), heat guns, planes, glue guns, milling machines, dies, metalworking machines, mixers, tackers, scrapers, spray guns, chaff cutters, border shears, machines and apparatus for polishing (electric), sifting machines, sharpening machines, shears, electric, clippers (machines), trueing machines, grindstones (parts of machines), forge bellows, cutting blow pipes, soldering apparatus, gas-operated, hand tools and hand-operated equipment for land, garden and forestry use, cutlery, forks and spoons, side arms, other than firearms, razors, oyster openers, beard clippers, borers, borers (hand operated), flat irons, non-electric, can openers, non-electric, clippers (machines), egg slicers, non-electric, table cutlery (knives, forks and spoons), table forks, razor cases, scaling knives, mincing knives (hand tools), milling cutters (hand tools), hand implements for hair curling non-electric, pruning knives, pruning scissors, garden tools, hand-operated, goffering irons, mitre (miter (Am.)) boxes (hand tools), nail drawers (hand tools), vegetable slicers, frames for handsaws, taps (hand tools), dies (hand tools), foundry ladles (hand tools), glaziers’ diamonds (parts of machines), polishing irons (glazing tools), sand trap rakes, tool belts (holders), engraving needles, hand pumps, curling tongs, depilation appliances, electric and non-electric, hair clippers for personal use, electric and non-electric, ditchers (hand tools), cleavers, hammers (hand tools), hand drills (hand tools), hand operated equipment for land and forestry use, for machines, apparatus and vehicle construction as well as construction, border shears, bill-hooks, planes, cheese slicers, non-electric, moulding irons, ladles (hand tools), truncheons, scraping tools (hand tools), mortise chisels, pickhammers, agricultural equipment (hand operated), jig-saws, wick trimmers (scissors), perforating tools (hand tools), punch pliers (hand tools), spoons, machetes, manicure sets, blades (hand tools), blades (weapons), blades for planes, scaling knives, hainault scythes, mortars for pounding, money scoops, needle-threaders, needle files, nail files, electric, nail files, cuticle tweezers, nail polishers (electric and non-electric), nail scissors (electric and non-electric), nail clippers, nail extractors, nut crackers, fruit pickers (hand tools), ear-piercing apparatus, budding knives, pedicure sets, trowels (gardening), earth rammers (hand tools), grafting tools (hand tools), pickaxes, hair-removing tweezers, tweezers, pizza cutters (non-electric), punches (hand tools), braiders (hand tools), lawn clippers (hand instruments), razors, electric or non-electric, razor blades, razor strops, razor sets, saws (hand tools), saw holders, scrapers (hand tools), shovels (hand tools), shears, shear blades, shearers (hand instruments), appliances and instruments for slaughtering butchers’ animals, mallets (hand instruments), punch rings (knuckle dusters), truncheons, masons’ hammers, abrading instruments (hand instruments), blade sharpening instruments, grindstones (hand tools), sharpening stones, spanners (hand tools), emery grinding wheels, cutters, cutting tools (hand tools), cutting bars, screwdrivers, vices, clamps for carpenters or coopers, lasts (shoemakers’ hand tools), fire irons, paring knives, swords, scythes, scythe rings, scythe stones, fullers (hand tools), sickles, rabbeting planes, spatulas (hand tools), expanders (hand tools), stretchers for wire and metal bands (hand tools), spades (hand tools), picks (hand tools), mattocks, centre punches (hand tools), marline spikes, syringes for spraying insecticides, insecticide vaporizers (hand tools), rammers (hand tools), augers (hand tools), stamping-out tools (hand tools), embossers (hand tools), stone hammers, chisels, holing axes, paring irons (hand tools), rammers (hand tools), leather strops, silver plate (knives, forks and spoons), hand tools, hand-operated, tool belts (holders), sharpening steels, whetstone holders, stropping instruments, vegetable choppers, choppers (knives), eyelash curlers, wrenches (hand tools), squares (hand tools), pliers, insecticide vaporizers (hand tools), hand operated paper shredder, science, ship, surveying, photographic, film, optical, weighing, measuring, signal, control, life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, connecting, transforming, storing and controlling electricity, equipment for recording, transferring and playback of sounds and images, data carrier of all kinds with and without data, vending machines and mechanics for money-operated apparatus, cash registers, calculating machines, data processing apparatus, computer and computer software, fire extinguishing equipment, make-up removing appliances, electric, accumulators, electric, alarms, ammeters, testing apparatus not for medical purposes, starter cables for motors, answering machines, junction boxes (electricity), connections for electric lines, aerials, indicators (electricity), asbestos clothing for protection against fire, asbestos gloves for protection against accidents, respiratory masks, other than for artificial respiration, distribution machines, automatic, batteries, electric, phototelegraphy apparatus, video telephones, diaphragms (photography), anti-glare glasses, anti-dazzle shades, flashing lights (luminous signals), lightning conductors (rods), flash-bulbs (photography), self-regulating fuel pumps, letter scales, spectacles (optics), spectacle cases, spectacle frames, spectacle glasses, CD player, compact discs (read-only memory), compact discs (sound, image), computers, computer peripheral devices, computer keyboards, data processing apparatus, computer software (saved), computer programs (downloadable), diagnostic apparatus, not for medical purposes, theft prevention installations, electric, dictating machines, printers for computers, electronic notice boards, electrified fences, cables, electric, wires, electric, binoculars, television apparatus, clothing for protection against fire, cameras (photography), cinematographic cameras, films, exposed, photocopiers (photographic, electrostatic, thermic), radiotelephony sets, workmen’s protective face-shields, altimeters, electric devices for attracting and killing insects, electric cable clamps (electrical), sheaths for electric cables, push buttons for bells, knee-pads for workers, compasses, regulating apparatus, electric, headphones, copper wire, insulated, couplings, chargers for electric batteries, laptops (computer), loudspeakers, cabinets for loudspeakers, laser pointer, lasers, not for medical purposes, electric arc cutting apparatus, signs, luminous, soldering apparatus, electric, soldering irons, electric, sounding apparatus and machines, plumb bombs, mouse pads (mouse mats), mice (data processing equipment), measuring apparatus, microphones, mobile phones, monitors (computer hardware), modems, teeth protectors, navigation apparatus for vehicles (on-board computers), navigation instruments, objectives (lenses) (optics), ear plugs for divers, optical apparatus and instruments, optical data media, fibre (fiber (Am.)) optic cables, radio pagers, record players, precision measuring apparatus, precision balances, radios, vehicle radios, cash registers, cathodic anti-corrosion apparatus, egg timers (sandglasses), satellite navigational apparatus, scanner (data processing equipment), electric apparatus for commutation, gloves for protection against X-rays for industrial purposes, protective helmets, protective masks, welding electrodes, electric welding apparatus, water wings, swimming belts, swimming jackets, signals, luminous or mechanical, sunglasses, voltmeters, goggles for sports, sprinkler systems for fire protection, sockets, covers for electric outlets, calculators, electronic pocket translators, diving suits, diving masks, diving gloves, tachometers, telephone apparatus, sound recording apparatus, sound transmitting apparatus, electric door bells, door openers, electric, shoes for protection against accidents, irradiation and fire, amusement apparatus adapted for television apparatus, audiovisual teaching apparatus, video recorders, vehicle breakdown warning triangles, electronic agendas, clothing for protection against accidents, irradiation and fire; pocket PCs, personal digital assistants (PDA), wireless email equipment, optical storage media for recording, storage and playback of tones, pictures and data, including compact discs (CD), magneto-optical drive (MD, MO) and digital versatile discs (DVD), magnetic discs and magnetic discs with large capacity for recording, storage and playback of data, portable storage media, particularly USB sticks, digital cards, smart-media cards, compact flash memory cards, equipment and apparatus for displaying, coding, decoding, transmitting, receiving, storage and converting tones and/or images and/or image data, particularly digital and analogue satellite compact units, DVBT receiver, DVBT antennae, SAT receiver and SAT dishes, electric and electronic equipment for analogue, digital or optical receiving or analogue, digital or optical processing, playback, control or allocation of optics, acoustics or images, related audiovisual equipment, television sets, radio receivers, amplifiers, loudspeakers, band/disc/CD recording equipment or playback equipment, carrier for stored signals, apparatus and instruments for recording, playback, displaying, coding, decoding, transmitting, receiving, storage and converting tones and/or video signals and/or video data; television sets, radio receivers, video playback/recording equipment, cameras and video cameras, decoder for television signals, CD and DVD player and recorder, record players, computer and peripheral equipment, communication apparatus and instruments, cordless telephone, navigation systems, video games adapted for use with television apparatus and/or an external display screen and/or monitor, amusement apparatus adapted for use with television apparatus, amusement apparatus adapted for use with an external display screen or monitor, stereos and other recording media, headphones, radio alarm, DVD player and recorder, MP3 player, parts and components for all aforementioned products, surgical, medical, dental and veterinary instruments and apparatus, artificial limbs, eyes and teeth, orthopaedic articles, suture materials, feeding bottle teats, hearing protectors, condoms, soporific pillows for insomnia, stockings for varices, gloves for massage, knee bandages, orthopaedic, lamps for medical purposes, blankets and pillows, electric, for medical purposes, medical equipment, namely footbaths, massage equipment, pulse monitors, sphygmotensiometers, lighting, heating, steam generating, cooking, cooling, drying, ventilation and water pipe equipment as well as sanitary installations, extractor hoods for kitchens, lighters, hanger loop apparatus for lamps, bath tubs, bath linings, bed warmers, tanning apparatus (sunbeds), bread baking machines, bread toasters, lights, electric, for Christmas trees, showers, shower cubicles, ice machines and apparatus, ice boxes, kettles, electric, coffee machines, electric, electric appliances for making yogurt, deep fryers, electric, electric fans for personal use, torches for lighting, light bulbs, roasting apparatus, hair dryer, lanterns, furnaces, microwave ovens (cooking apparatus), refrigerators, refrigerating display cabinets (display cases), refrigerating containers, laundry dryers, electric, stoves, hot air generators, hot air equipment and units, also for lacquer-removing, air conditioners, toasters, ventilator hoods for kitchens, WC seats, heating apparatus, electric, heating cushions (pads) and blankets for non-medical purposes, heat pumps, ventilators (air-conditioning), hot water bottles, electric, electrically heated footwarmers, bath tubs and bath tub accessories, showers and accessories, lights, spotlights, automobile lights, lamps, lamp shades, lanterns for lighting, pocket torches and their accessories, lighters, particularly gas lighters, cigarette lighters, roasting spits, electric tea maker, coffee machines, espresso machines, kettles, fluorescent lamps and light fittings, hot water bottles, pushchairs, sport pushchairs, pushchair and sport pushchair hoods and footmuffs for pushchairs and sport pushchairs, baskets and bags for pushchairs and sport pushchairs, bicycles and bicycle accessories, mountain bikes, frames for bicycles, cycles, bicycle saddles, luggage carriers for bicycles, bicycle stands, bells for bicycles, cycles, bicycle pumps, child seat for bicycles, bicycle separator, bicycle frame protection and protective bicycle coating for chains and gear changes, motor-assisted bicycles, scooters, mopeds, saddle covers for bicycles or motorcycles, bicycle stands, brakes for bicycles, cycles, rims for wheels of bicycles, cycles, bicycle forks, chains for bicycles, cycles, bells for bicycles, baskets adapted for cycles, handle bars for bicycles, cycles, motors for cycles, cycle hubs, dress guards for bicycles, cycles, pedals for cycles, bicycle pumps, bicycle tyres, bicycle wheels, inner tubes for bicycles, cycles, spokes for bicycles, cycles, bicycle saddles, bicycle bags, bicycle racks, bicycle seat pillar, bicycles bottom brackets, boats, including their additional and replacement parts, paddles for canoes, automobiles with dog cages, vehicles, automobile parts with tarpaulins, transport devices for the transport of luggage on and off automobiles, such as luggage racks, ski racks, bicycle racks, surfboard racks, luggage covers, luggage wrap, luggage labels (vehicles), trailer hitches, windshield wipers, snow chains and spoiler, firearms, ammunition and projectiles, explosives, fireworks, firecrackers, air pistols (weapons), machine guns, ammunition for firearms, ammunition, explosive fog signals, cartridge pouches, pistols (arms), rockets (projectiles), cleaning brushes for firearms, firing platforms, gunpowder, shoulder straps for weapons, tear-gas weapons, primings (fuses), detonating caps other than toys, detonating fuses, sprays for personal defense purposes, jewellery, clocks and time measuring instruments including their accessories, pins (jewellery), bracelets (jewellery), wristwatches, atomic clocks, chronographs (watches), chronometers, electric clocks and watches, hat ornaments, chains (jewellery), tie clips, tie pins, cuff links, medals, medallions (jewellery), rings (jewellery), key rings (trinkets or fobs), ornamental pins, silver ornaments, sundials, stopwatches, watch bands, cases for clock and watchmaking, clock cases, pendulums (clock and watch making), cases for watches (presentation), watch springs, watch glasses, watch chains, alarms, jewellery cases (caskets), musical instruments and their accessories, paper, cardboard and products made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives (glues) for stationery or household purposes, artists’ materials, paintbrushes, typewriters and office requisites (except furniture), teaching and study equipment (except apparatus), packaging material made of plastic, type, printing blocks, garbage bags of paper or of plastics, tear-off calendars, napkins of paper for removing make-up, transfers (decalcomanias), address plates for addressing machines, address stamps, addressing machines, folders for papers, document files (stationery), moisteners (office requisites), stickers (stationary); babies’ napkin-pants (diaper-pants) of paper and cellulose, disposable, disposable babies’ diapers of paper and cellulose, disposable babies’ napkins of paper and cellulose, cabinets for stationery (office requisites), mats for beer glasses, paintings (pictures), framed or unframed, pencils, pencil holders, pencil leads, pencil sharpeners, electric or non-electric, pads (stationery), paperweights, letter trays, postage stamps, writing paper, brochures, fabrics for bookbinding, clips for offices, stencil cases, flags of paper, inking ribbons, paint boxes (articles for use in school), filter paper, finger-stalls (office requisites), bottle wrappers of cardboard or paper, plastic film for wrapping, sheets of reclaimed cellulose for wrapping, printed forms, gums (adhesives) for stationery or household purposes, elastic bands for offices, stapling presses (office requisites), drawing pins, envelopes (stationery), paper coffee filters, calendar, bags for microwave cooking, lithographic works of art, geographical maps, painters’ brushes, canvas for painting, palettes for painters, house painters’ rollers, stencil plates, paint boxes (articles for use in school), painters’ easels, marking chalk, modelling clay, note books, towels of paper, handkerchiefs of paper, parchment paper, placards of paper or cardboard, postcards, prospects, erasing products, pen cases, writing instruments, writing pads, seals (stamps), sealing wax, silver paper, cases for stamps (seals), inking pads, tablecloths, table linen from paper, toilet paper, bags (envelopes, pouches) of paper or plastics, for packaging, cardboard articles, wrapping paper, waxed paper, drawing materials, drawing pads, drawing boards, paper shredders for office use, table linen of paper, rubber, guttapercha, asbestos, mica and goods made of rubber, guttapercha or rubber in the shape of pads, plates, poles, foil, cords or ties (all as semi-finished products), goods made from plastics (semi-finished products), draught, packaging and insulating materials, flexible tubes, not of metal, insulators, insulating paints, insulating tape and band, adhesive bands other than stationery and not for medical or household purposes, leather and imitation leather as well as associated goods, skins and fur, trunks and hand luggage, umbrellas, parasols and canes, whips, harnesses and saddlery, briefcases, slings for carrying infants, beach bags, make-up bags, covers for animals, mountaineering sticks, harness fittings made of iron, harness fittings, not from precious metal, pocket wallets, bags for campers, chamois leather, other than for cleaning purposes, kid, attachι cases; briefcases; boxes of leather or leather board, boxes of vulcanised fibre, net bags for shopping, shopping bags, casings, of leather, for springs, coverings of skins (furs), furs, umbrella or parasol ribs, nose bags (feed bags), canes, purses (leatherware), harnesses for animals, gold beaters’ skin, collars for animals, suitcase handles, handbags, handbag frames, dog collars, hat boxes of leather, casings, of leather, for springs, game bags (hunting accessories), card cases (notecases), cases, of leather or leatherboard, boxes of vulcanised fibre, chain mesh purses, sling bags for carrying infants, chin straps, of leather, garment bags for travel, cat o’ nine tails, knee-pads for horses, leather leashes, vanity cases, not fitted, bags, imitation leather, leather, unprocessed or semi-processed; trimmings of leather for furniture, leather twist, bands of leather, imitation leather, leatherboard, straps of leather (saddlery), leather straps, valves of leather, straps for soldiers’ equipment, muzzles, moleskin (imitation fur), music cases, whips, fur, horse blankets, harnesses for horses, not from precious metal, halters, horse collars, wallets, umbrellas, umbrella handles, travelling trunks, travelling sets (leatherware), travelling bags, butts (parts of hides), bags for climbers, riding saddles, harness for animals, covers for horse-saddles, fastenings for saddles, saddlery, boxes of leather or leatherboard, blinkers (harness), umbrella covers, frames for umbrellas or parasols, umbrella rings, umbrella sticks, straps for skates, make-up bags, key cases (leatherware), school bags, shoulder belts (straps) of leather, walking stick seats, parasols, sport poles, particularly Nordic walking and hiking poles, bags for sports, stirrup leathers, canes, walking stick handles, bags, animal skins, haversacks, bridoons, shoulder belts (straps) of leather, pads for horse saddles, bags (envelopes, pouches) of leather, for packaging, empty tool bags of leather, harness straps, kid, reins, traces (harness), purses and chain mesh purses, each from precious metal, building materials (not of metal), rigid pipes, not of metal (building), materials for making roads, asphalt, pitch and bitumen, buildings, transportable, not of metal, monuments, not of metal, chimneys, gutter pipes and branching pipes, not from metal, aquaria (structures), aquarium sand, aquarium gravel, blinds (outdoor), not of metal and not of textile, cabanas not of metal, letter boxes of masonry, drain pipes, not of metal, monuments, not of metal, insect screens not of metal, greenhouses, transportable, not of metal, casement windows, not of metal, swimming pools (structures, not of metal), signalling panels, non-luminous and non-mechanical, not of metal, furniture, mirrors, picture frames, goods, of wood, cork, pipes, drains, rushes, horn, bone, ivory, whalebone, tortoise shell, yellow amber, mother-of-pearl, meerschaum and their substitutes or from plastics, shelves for storage, filing cabinets, mooring buoys, not from metal, stuffed animals, benches (furniture), beds (furniture), bed fittings, not of metal, bedding, except linen, bedsteads of wood, picture frames, flower-stands (furniture), letter boxes, not of metal or masonry, office furniture, library shelves, containers, not of metal (storage, transport), decorations of plastic for foodstuffs, cases of wood or plastic, dowels, not of metal, wall plugs not from metal, locks, not of metal, for vehicles, barrels, not from metal, bottle racks, corks for bottles, bottle casings of wood, chopping blocks, towel dispensers, fixed, not of metal, work benches, garment covers (storage), dog kennels, cable clips, not of metal, name plates, not of metal, infant walkers, cushions, coat hangers, clothes hooks, not of metal, bolsters, head-rests (furniture), trays, not of metal, wickerwork, scratching posts for cats, works of art, of wood, wax, plaster or plastic, counters (tables), duckboards, not of metal, air mattresses and/or air cushions, not for medical purposes, easy chairs, mattresses, furniture of metal, mobiles (decoration), screens, bolster mats as requirement for seating furniture, armchairs, rattan, saw benches, reed (plaiting material), covers for clothing (wardrobe), sofas, ladders of wood or plastics, sleeping bags for camping, umbrella stands, mirrors, chairs, tables, table tops, straws for drinking, tent pegs, not of metal, packaging containers of plastic, wall decorations not of textile material (interior design), inflatable publicity objects, cots, newspaper display stands, silvered glass (mirrors), jalousies, blinds, slatted jalousies, cassette blinds, taped jalousies, none from metal or textile material and for interior rooms, curtains of woodwork, roller blinds of wood, wooden curtains, raff blinds (not textile), parts for jalousies, rails, mountings, fastening elements, locks, chains, springs, cramps and holders to fasten jalousies, rolling liner (not from metal), manufactured control mechanisms for jalousies, not from metal (non-electric), small parts from plastic for jalousies and curtains, including curtain hooks, curtain rings, curtain blinds; coatstands, small parts from wood for jalousies and curtains, blinds for jalousies from wood or plastic, curtain accessories, namely curtain rods, swivel rods, curtain rings, plastic curtain rings, curtain rails, wooden door curtains, petrol cans made of plastic, with fasteners, jalousies, not from metal, from textile material for interior areas, sun jalousies, not from metal, from textile material for interior areas, containers for household and kitchen use, combs and sponges, brushes, except for painting, material for brush making, cleaning utensils, steel wool, raw and partly processed glass (with the exception of building glass), glassware, porcelain and earthenware, dustbins, make-up removing appliances, non-electric, dusting apparatus, non-electric, dishwashing brushes, aerosol dispensers, not for medical purposes, cinder sifters (household utensils), eyebrow brushes, baby baths, portable, heaters for feeding bottles, non-electric, goblets, basins (receptacles), watering devices, brooms, syringes for watering flowers and plants, holders for flowers and plants (flower arranging), flower pots, flower-pot covers, not of paper, cloth for washing floors, scrubbing brushes, candy boxes, hair for brushes, frying pans, cooking skewers, of metal, nozzles for watering cans, bread boards, bread bins, bread baskets, domestic, ironing boards, flat-iron stands, toilet brushes, brush goods, butter dishes, butter dish covers, chamois leather for cleaning, hot pots, not electrically heated, lids for kitchen pots, deodorising apparatus for personal use, egg cups, buckets, glass jars (carboys), ice buckets, electric combs, cruets, oil cruets, chopsticks, mouse traps, drinking flasks for travellers, chamois leather for cleaning, figurines (statuettes) of porcelain, terra-cotta or glass, flasks, bottles, bottle openers, moulds (kitchen utensils), ice cube molds (moulds), deep fryers, non-electric, fruit presses, non-electric, for household purposes, troughs for livestock, feeding troughs for animals, gardening gloves, watering cans, glass for vehicle windows (semi-finished product), glass incorporating fine electrical conductors, glass, unworked or semi-worked, except building glass, glass bulbs (receptacles), glass flasks (containers), glass (receptacles), mosaics of glass, not for building, boxes of glass, grills (cooking utensils), grill supports, napkin holders, gloves for household purposes, abrasive sponges for scrubbing the skin, shirt stretchers, trouser presses, trouser stretchers, insect traps, heat-insulated containers, insulating flasks, combs, comb cases, decanters, jugs, coffee services, coffee pots, non-electric, coffee grinders, hand-operated, coffee filters, non-electric, cookery molds (moulds), cooking utensils, non-electric, cooking and kitchen pots sets, cauldrons, cooking pots, baskets for domestic use, clothing stretchers, cosmetic utensils, food cooling devices, containing heat exchange fluids, for household purposes, refrigerating bottles, coldboxes (portable), non-electric, kitchen containers and equipment, works of art, of porcelain, terra-cotta or glass, clay or glass, furniture dusters, blenders, non-electric, for household purposes, shakers, mills for household purposes, other than hand-operated, mops, water apparatus for cleaning teeth and gums, chamber pots, nail brushes, noodle machines, hand-operated, fruit cups, oil cruets, cups of paper or plastic, boxes for dispensing paper towels, paper plates, perfume vaporizers, apparatus for wax-polishing, non-electric, pepper mills other than hand-operated, pepper pots, holders for flowers and plants (flower arranging), polishing apparatus and machines, for household purposes, non-electric, polishing gloves, polishing leather, polishing materials for making shiny, except preparations, paper and stone, powder compacts, powder puffs, cleaning instruments, hand-operated, rags (cloth) for cleaning, cleaning tow, sprinklers, cleaning instruments, hand-operated, rat traps, beaters, non-electric, mixing spoons (kitchen utensils), salad bowls, salt cellars, bowls (basins), signboards of porcelain or glass, autoclaves (pressure cookers), non-electric, cutting boards for the kitchen, whisks, non-electric, for household purposes, shoe horns, brushes for footwear, wax-polishing appliances, non-electric, for shoes, shoe trees (stretchers), bowls, soap holders and soapboxes, napkin rings, lazy susans, sieves (household utensils), shakers, sifters (household utensils), vessels of metal for making ice and iced drinks, menu card holders, earthenware, feather dusters, dusting cloths (rags), dishwashing brushes, buckets made of woven fabrics, litter boxes (trays) for pets, soup bowls, trays for domestic purposes, epergnes, tableware, other than knives, forks and spoons, cups, tea caddies, services (dishes), pastry cutters, rolling pins, domestic, carpet sweepers, carpet beaters (hand instruments), toilet utensils, toilet cases, toilet paper holders, toilet sponges, pots, drinking vessels, drinking glasses, saucers, waffle irons, non-electric, toothbrushes, washing boards, clothes-pegs, drying racks for washing, lye washtubs, clothes racks, for drying, kettles, non-electric, floss for dental purposes, toothpicks, toothpick holders, sugar bowls, grinders/crushers, electric, for household purposes, non-electric, water storage systems, washing baskets, clothes racks for drying, microwave plates, paper and plastic plates, including goblets, cups, dishes, glasses, figurines of porcelain, earthenware, glass and similar ceramic materials, indoor aquaria and their hoods, indoor terrariums (vivariums), ropes, string, nets, tents, maps, sails, bags (sacks), padding materials (except from rubber or plastic), raw fibrous textile, car towing ropes, wrapping or binding bands, not of metal, down (feathers), fishing nets, straw wrappers for bottles, hemp, hammocks, wood wool, jute, plastic fibers (fibres) for textile use, straps, not of metal, for handling loads, awnings of synthetic materials, awnings of textile, twine for nets, network, upholstery wool (stuffing), twine made of paper, mail bags, bags (sacks) for the transport and storage of materials in bulk, shorn wool, sisal, carded wool, rope ladders, textile fibres, sails, sacks (bags) of textile, for packaging, packing rope, bags for washing hosiery, raw or treated wool, tents, binding thread, not of metal, windscreens, gift and decoration ribbons of textile, yarn and thread for textile use, spun cotton, cotton thread and yarn, chenille yarn, elastic thread and yarn for textile use, fibreglass thread for textile use, rubber thread for textile use, hemp thread and yarn, jute thread and yarn, coir thread and yarn, rayon thread and yarn, threads of plastic materials for textile use, linen thread and yarn, sewing thread and yarn, spun silk, silk thread and yarn, embroidery thread and yarn, darning thread and yarn, spun thread and yarn, spun wool, woollen thread and yarn, woven and textile material, bed and tablecloths, tissues of textile for removing make-up, bath linen, except clothing, cotton fabrics, bed blankets, bed linen, bed clothes, covers for cushions, printers’ blankets of textile, shower curtains of textile or plastic, labels of cloth, flags, not of paper, filtering materials of textile, felt, linings (textile), curtains of textile or plastic, curtain holders of textile material, gummed cloth, other than for stationery, ticks (mattress covers), mattress covers, furniture coverings of plastic, upholstery fabrics, mosquito nets, place mats, not of paper, glass cloths (towels), travelling rugs (lap robes), velvet, bed covers, textile material, net curtains, curtains of textile or plastic, tissues, table runners, tablecloths, not of paper, fitted toilet lid covers of fabric, sheets (textile), curtains of textile or plastic, tissues (textile), serviettes (table), oilcloth for use as tablecloths, footwear, headgear for wear, clothing (including knitted, woven and leather clothing) for women, men, children and babies, particularly outer, under, leisure, work and sportswear, swimwear including bathing suits, bathing trunks, bath robes, bathing caps, bath sandals, bath slippers, bandanas (neckerchiefs), shower caps, furs (clothing), clothing of imitations of leather, clothing of leather, masquerade costumes, motorists’ clothing, paper clothing, fishing vests, cyclists’ clothing, knitwear (clothing), overalls, ready-made clothing, boas (necklets), scarves, collar protectors, veils (clothing), cuffs, pocket squares, neckties, ascots, gloves (clothing), belts (clothing), money belts (clothing), detachable collars, suspenders (clothing), pockets for clothing, ready-made linings (parts of clothing), layettes (clothing), babies’ pants, babies’ diapers of textile, bibs, not of paper, stockings, socks, tights, stocking suspenders, shoes including sport shoes, sandals, half-boots, boots, sneakers and slippers, non-slipping devices for boots and shoes, heels, inner soles, fittings of metal for shoes and boots, welts for boots and shoes, soles for footwear, footwear uppers, caps, caps (headwear), hats, hoods, ear muffs (clothing), underwear (clothing) including bodysuits (teddies, bodies) brassieres, undershirts, pants, corsages, breeches for wear, slips, corselets, underskirts, camisoles, sleep masks, lace and embroidery, laces and shoelaces, buttons, hooks and eyes, needles, artificial flowers, badges for wear, not of precious metal, brassards, expanding bands for holding sleeves, cords for clothing, lace for edgings, trimmings for clothing, braids, brooches (clothing accessories), binding needles, heat adhesive patches for decoration of textile articles (haberdashery), feathers (clothing accessories), sewing thimbles, heat adhesive patches for repairing textile articles, fringes, artificial garlands, thread of metal for embroidery, belt clasps, hair bands, hair colouring caps, hair grips (slides), hair pins, hair nets, bows for the hair, hair ornaments, barrettes (hair-slides), false hair, toupees, plaited hair, trouser clips for cyclists, fastenings for suspenders, hat ornaments, not of precious metal, edgings for clothing, eyelets for clothing, frills for clothing, fastenings for clothing, skirt flounces, hook and pile fastening tapes, cords for clothing, wreaths of artificial flowers, artificial fruit, haberdashery, except thread, reins for guiding children, hair curlers, other than hand implements, non-electric, hair curling papers, needle cases, not from noble metal, needle cushions, spangles for clothing, sewing boxes, zip fasteners, buckles (clothing accessories), shoe buckles, shoe laces, embroidery, monogram tabs for marking linen, woollen laces, false beards, carpets, door mats, mats, linoleum and other floor coverings, tapestry (wall hangings), not of textile, floor coverings, reed mats, artificial turf, linoleum, carpet underlay, carpets, games, particularly electronic, other than those adapted for use with an external display screen or monitor, amusement machines, automatic and coin-operated, toys, sports articles, sports equipment, fishing tackle, fish hooks, lines for fishing, reels for fishing, rods for fishing, gut for fishing, rattles (playthings), baseball gloves, building games, building blocks (toys), billiard tables, billiard cues, billiard balls, chalk for billiard cues, bodybuilding equipment, bows for archery, boxing gloves, board games, ornaments for Christmas trees, except illumination articles and confectionery, Christmas trees of synthetic material, Christmas tree stands, dominoes, kites, skating boots with skates attached, elbow guards (sports articles), expander, stationary exercise bicycles, scale model vehicles, toy masks, fencing gauntlets, fencing masks, fencing weapons, shuttlecocks, radio-controlled toy vehicles, parlour games, paragliders, golf gloves, golf clubs, golf bags, dumb-bells, inline roller skates, playing cards, climbers’ harness, knee guards (sports articles), puppets, mobiles (toys), nets for sports, toy pistols, plush toys, quoits, dolls, doll’s beds, dolls’ feeding bottles, dolls’ houses, dolls’ clothes, dolls’ rooms, puzzles, slides (playthings) rollers for stationary exercise bicycles, scooters (toys), roller skates, swings, rocking horses, novelties for parties, dances (party favors, favours), shin guards (sports articles), targets, batting gloves (accessories for games), sleighs (sports articles), ice skates, butterfly nets, artificial snow for Christmas trees, snowshoes, protective paddings (parts of sports suits), swimming pools (play articles), flippers for swimming, sailboards, skateboards, bags especially designed for skis and surfboards, skis, ski bindings, wax for skis, snowboards, balls for games, playing cards, tables for indoor football, dice, toys for domestic pets, toy vehicles, rackets, sling shots (sports articles), surfboards, teddy bears, tennis nets, table tennis tables, tennis rackets, table tennis bats, trampolines (sports articles), water skis, swings, cups for dice, darts, discuses for sports, flying discs (toys), percussion caps (toys), amusement machines, automatic and coin-operated, meat, fish, poultry and game, meat extract, conservatives, dried and cooked fruit and vegetable, jellies, jams, compotes, eggs, milk and milk products, cooking oil and fat, broth, broth concentrates, fat-containing mixtures for bread slices, butter, peanut butter, meat jellies, fruit soaked in alcohol, preparations for making bouillon, fruit jellies, lobsters, not live, yoghurt, chocolate nut butter, crystallized fruits, potato crisps, potato fritters, cheese, kephir (milk beverage), coconut butter, coconuts (dried), soups, croquettes, crustaceans, not live, liver pâté almonds, prepared, margarine, marmalades, milk beverages, milk predominating, whey, nuts, prepared, olives (preserved), pickles, mushrooms, pollen prepared as foodstuff, raisins, cream (dairy products), sauerkraut, shellfish, not live, ham, soya beans (preserved), bacon, gelatine for food, preparations for making soup, tofu, tomato purée, tomato juice for cooking, truffles, preserved, sausages, charcuterie, antipasti, meat, fish, poultry and game, meat preparations, fully and half-prepared meals and salads, consisting of meat and/or fish and/or poultry and/or sausage and/or game, fully and half-prepared meals and salads consisting of fruit and/or vegetables, vegetarian based bread slices, butter milk, fresh cream, curd, milk powder for consumption, dietary groceries or nutritional additives for non medical purposes based on proteins, fats, fatty acids, with addition of vitamins, minerals, trace elements, either individually or in combination, pulses, potatoes and prepared potato products, cheese products, potato dumplings, potato purιe, caviar, coconut milk, snacks, potato products manufactured in an extrusion process for food, potato chips, dried fruits, hazelnut/peanut/macadamia/cashews/pistachio, dried, roasted, salted, scalloped and/or spiced, fries, quark, hash browns, sour cream, soya meals as meat replacement, all aforementioned goods also as conserves or deep frosted where possible, coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee replacements, flour and cereal preparations, bread, pastries and cakes, ice cream, honey, golden syrup, yeast, baking powder, salt, mustard, vinegar, sauces (spicy), spices, ice for refreshment, flavorings (flavourings), other than essential oils, for beverages, flavorings (flavourings), other than essential oils, for cakes, thickening agents for cooking foodstuffs, binding agents for ice cream (edible ices), biscuits, bonbons, bread rolls, sandwiches, cornflakes, ice tea, essences for foodstuffs, except etheric essences and essential oils, meat tenderizers, for household purposes, meat pies, meat gravies, spring rolls, pastries, chips (cereal products), husked barley, tea-based drinks, condiments, glucose for food, gluten for food, yeast, coffee flavorings (flavourings), coffee-based beverages, cocoa products, cocoa-based beverages, candy for food, capers, potato flour for food, chewing gum, not for medical purposes, biscuits, ketchup (sauce), cake powder, cakes, cake paste, edible decorations for cakes, corn, milled, corn, roasted, corn flour, maltose, malt for human consumption, marzipan, mayonnaise, farinaceous foods, gruel, with a milk base, for food, nutmegs, flour-milling products, muesli mόsli, noodles, breadcrumbs, pasty, pies, pancakes (crepes), pizzas, popcorn, pudding, quiches, ravioli, salad dressings, sandwiches, leaven, chocolate, chocolate-based drinks, mustard meal, soya meal, soy sauce, sherbets (ices), spaghetti, powders for ice cream, starch for food, starch for food, sushi, natural sweeteners, tacos, tapioca flour for food, tomato sauce, pasta, tarts, tortillas, glucose for food, waffles, seasonings, aromatic preparations for food, confectionary, rusks, confectionery for decorating Christmas trees, fully and partially prepared meals as well as salads, consisting of rice and pasta, baking powder, cereal products, cereal snacks, toast, sandwich bread, croissants and baguettes, crisp bread, hamburgers, vegetable burgers, hotdogs, rice snacks, wheat, rice and corn products for food, corn chips, popcorn, pretzel sticks, salty snacks, confectionary, pralines, filled, chocolate, wine and fruit gums, liquorice, sweet parfaits, desserts, custard powder, fresh red food dessert, rice pudding, gnocchi, tortellini, macaroni, lasagne, spaetzle, Swabian ravioli, fruit sauces, ready-made sauces, remoulade, peppers, dietary groceries or additives for non-medical purposes based on carbohydrates, fibre, vitamins, minerals, trace elements, either individually or in combination, garden herbs, preserved, land, garden and forestry products as well as grains (seeds), live animals, fresh fruit and vegetables, live plants and natural flowers, forage, malt, algae for human or animal consumption, aromatic sand for pets (litter), oysters, live, trees, raw barks, berries, fresh fruits, flower bulbs, beans, fresh, stinging nettles, chicory (salad), peas, fresh, peanuts, fresh, chestnuts, fresh, fish spawn, fishmeal for animal consumption, pet food, fruit, fresh, lime for animal forage, grains for animal consumption, additives to fodder, not for medical purposes, straw (forage), vegetables (fresh), sanded paper for pets (litter), beverages for pets, cereal seeds, unprocessed, grains (cereals), cucumbers, hazelnuts, lobster (not live), potatoes, edible chews for animals, seed germ for botanical purposes, crabs (live), coconuts, coconut shell, lettuce, rough cork, strengthening animal forage, crustaceans (live), garden herbs, fresh, squashes, spiny lobsters, live, leeks, lentils, fresh, almonds (fruits), corn, chestnuts, fresh, stall food for animals, straw mulch, mussels, live, by-products of the processing of cereals, for animal consumption, nuts, olives, fresh, oranges, palms (leaves of the palm tree), plants, dried, for decoration, mushrooms (fresh), pollen (raw material), leeks, protein for animal consumption, rice, untreated, rhubarb, shellfish, live, sesame, seedlings, products for animal litter, straw litter, bred stock, turf, natural, litter peat, grapes, flowers, dried, for decoration, truffles, fresh, fodder, salt for cattle, bird food, juniper berries, roots for food, lemons, citrus fruits, onions (fresh vegetables), sugar cane, edible flowers, beer, mineral water, carbonated water and other alcohol-free drinks, beverages containing fruit, syrup and other ingredients for making alcohol, alcohol-free aperitifs, powders for effervescing beverages, pastilles for effervescing beverages, alcohol-free cocktails, peanut milk (soft drink), essences for making beverages, fruit nectars, non-alcoholic, vegetable juices (beverages), isotonic beverages, lemonades, syrups for lemonade, lithia water, malt beer, milk of almonds (beverage), orgeat, whey beverages, must, preparations for making liqueurs, sarsaparilla (non-alcoholic drink), seltzer water, soda water, sherbets (beverages), table waters, tomato juice (beverages), grape must, waters (beverages), non-alcoholic fruit extracts, preparations for making aerated water, preparations for making mineral water, non-alcoholic honey-based beverages, alcoholic beverages, except beer, alcoholic essences, alcoholic extracts, alcoholic beverages containing fruit, fruit extracts, alcoholic, aperitifs, cider, arrack (arak), perry, brandy, cocktails, curaηao, distilled beverages, gin, hydromel (mead), kirsch, liqueurs, bitters, mead, rice alcohol, sake, rum, schnapps, spirits (beverages), piquette, wines, whisky, vodka, wines (non-alcoholic), milk beverages, milk predominating, brandy made of fruits, champagne, tobacco, matches, absorbent paper for tobacco pipes, ashtrays, mouthpieces of yellow amber for cigar and cigarette holders, firestones, lighters for smokers, gas containers for cigar lighters, chewing tobacco, herbs for smoking, mouthpieces for cigarette holders, pipe cleaners, pipe racks for tobacco pipes, snuff, snuff boxes, spittoons for tobacco users, match boxes, match holders, tobacco pouches, tobacco jars, tobacco pipes, pocket machines for rolling cigarettes, cigarettes containing tobacco substitutes, not for medical purposes, cigarettes, cigarette cases, cigarette filters, cigarette tips, cigarette paper, cigarette holders, cigarillos, cigars, cigar cutters, cigar cases, humidors, cigar holders; storage of electronically saved data and documents.

Class 42: Scientific and technological services and research work and respective designer services; industrial analysis and research services; architectural consultation; biological research; advice on furnishing; research for others; construction drafting; material testing; quality control; urban planning; styling (industrial design); technical project studies; environmental protection advice; weather forecasting; chemical analysis; architecture; industrial design; dress designing; packaging design; industrial design; interior design; fashion design; surveying; textile testing.

The contested goods and services are the following:

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; Apparatus for recording, transmission or reproduction of sound or images; Magnetic data carriers, recording discs; Automatic vending machines for coin-operated apparatus; Cash registers, calculating machines, data processing equipment, computers; Fire-extinguishing apparatus.

Class 35: Advertising; Business management; Business administration; Office functions.

Class 42: Scientific and technological services and research and design relating thereto; Industrial analysis and research services; Design and development of computer hardware and software.

The relevant factors relating to the comparison of the goods or services include, inter alia, the nature and purpose of the goods or services, the distribution channels, the sales outlets, the producers, the method of use and whether they are in competition with each other or complementary to each other.

Contested goods in 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; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; fire-extinguishing apparatus are identically contained in both lists of goods (including synonyms).

Contested services in Class 35

Advertising; business management; business administration; office functions are identically contained in both lists of services (including synonyms).

Contested services in Class 42

Scientific and technological services and research and design relating thereto; industrial analysis and research services are identically contained in both lists of services (including synonyms).

The contested design and development of computer hardware and software is similar to the opponent’s data processing equipment in Class 9. These are complementary goods and services, they usually have the same providers and they might be provided through the same distribution channels. Furthermore, they target the same public.

2. Relevant public — degree of attention

The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. It should also be borne in mind that the average consumer’s degree of attention is likely to vary according to the category of goods or services in question.

In the present case, the goods and services found to be identical or similar are directed at the public at large and at business customers with specific professional knowledge or expertise.

The degree of attention may vary from average (e.g. calculating machines) to high, (e.g. industrial analysis and research services) depending on the price and/or specialised nature of the purchased goods and services.

3. The signs

Earlier trade mark	Contested sign

The relevant territory is the European Union.

The global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components (11/11/1997, C-251/95, Sabèl, EU:C:1997:528, § 23).

The unitary character of the European Union trade mark means that an earlier European Union trade mark can be relied on in opposition proceedings against any application for registration of a European Union trade mark that would adversely affect the protection of the first mark, even if only in relation to the perception of consumers in part of the European Union (18/09/2008, C-514/06 P, Armafoam, EU:C:2008:511, § 57). This applies by analogy to international registrations designating the European Union. Therefore, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.

The common element ‘real’ is meaningful in certain territories, for example, in those countries where English is understood. Consequently, the Opposition Division finds it appropriate to focus the comparison of the signs on the English-speaking part of the public.

Both signs are figurative. The contested sign is composed of the word ‘Real’, in black characters, and below it the words ‘Green Computing’, in small green letters. Beside these elements is a black rectangle with a green symbol inside it, similar to a reversed ‘e’, with the word ‘economy’ written in the top part of the ‘e’, and the words ‘computer sales & services’ below the ‘e’.

The earlier mark is a one-word name, ‘real’, written in lower case red italic characters, followed by a figurative element composed of two blue strokes resembling a comma and a hyphen.

The element ‘real’, present in both signs, will be understood by the relevant public as meaning, inter alia, ‘actually existing as a thing or occurring in fact; not imagined or supposed’ (information extracted from Oxford Dictionaries on 02/05/2017 at https://en.oxforddictionaries.com/definition/real). This verbal element has a normal degree of distinctiveness because it has no meaning in relation to the goods and services at issue. The contested sign will also be perceived as having the concepts of ‘green’, (of a product or service) not harmful to the environment (information extracted from Oxford Dictionaries on 02/05/2017 at https://en.oxforddictionaries.com/definition/green); ‘computing’, the use or operation of computers (information extracted from Oxford Dictionaries on 02/05/2017 at https://en.oxforddictionaries.com/definition/computing). Nevertheless, in the context of the contested mark it is likely that some of the consumers will understand the expression ‘Real green computing’ as a whole, as meaning the environmentally responsible use of computers.

The words ‘Green Computing’, and ‘computer sales & services’ of the contested sign will be associated with computer-related goods and services. Bearing in mind that the relevant goods and services are ‘office functions and software services’, these elements are non-distinctive for some of these goods and services, namely for magnetic data carriers; office functions and design and development of computer hardware and software.

The word ‘economy’ of the contested sign will be associated with commercial-related services. Bearing in mind that the relevant services are ‘office functions, business services’, this element is weak for some of these goods and services, namely for advertising; business management; business administration; office functions. The figurative elements of the contested sign (black rectangle and colours) are less distinctive elements of a decorative nature.

As regards the earlier sign, it is composed of a distinctive verbal element and less distinctive figurative elements of a purely decorative nature. Therefore, the verbal element is more distinctive than the figurative elements.

The element ‘Real’ in the contested sign and in the earlier mark is the dominant element as it is the most eye-catching.

Visually, the signs coincide in the word ‘REAL’, which is the dominant element in both signs. However, they differ in the different figurative scripts and colours in both signs, in the blue comma and dash of the earlier sign and in the black rectangle, the reversed ‘e’ and the other words in the contested sign.

When signs consist of both verbal and figurative components, in principle, the verbal component of the sign usually has a stronger impact on the consumer than the figurative component. This is because the public does not tend to analyse signs and will more easily refer to the signs in question by their verbal element than by describing their figurative elements (14/07/2005, T-312/03, Selenium-Ace, EU:T:2005:289, § 37; 19/12/2011, R 0233/2011-4, Best Tone, § 24; 13/12/2011, R 0053/2011-5, Jumbo, § 59).

The entire verbal element of the earlier mark is wholly included in the contested sign as an independent and, therefore, clearly recognisable element.

Therefore, the signs are visually similar to an average degree.

Aurally, the pronunciation of the signs coincides in the sound of the letters ‛REAL’, present identically in both signs, which constitute the dominant element. The pronunciation differs in the sound of the letters in the words ‘Green Computing’, ‘economy’, ‘computer sales & services’ of the contested mark, which have no counterparts in the earlier sign. Due to the rather small size of some of the words (‘economy’ and ‘computer sales & services’) and their secondary position in the sign, these words are likely to be overlooked and not pronounced; the same applies to the reversed ‘e’.

Therefore, the signs are aurally similar to an average degree.

Conceptually, both signs have a meaning. The coinciding and dominant word, ‘real’, as explained above, is a well-known English word that will be understood by the relevant public. The relevant public will recognise the word ‘real’ and understand its meaning in both marks, and to this extent the marks are similar. Furthermore, it is likely that, in the contested sign, the word ‘real’ will be understood as being part of the expression ‘real green computing’ in the sense already explained above.

The remaining elements of the contested mark are likely to be overlooked due to their small size. Nevertheless, when taken into account, they will be understood in the following way: ‘computer’, an electronic device which is capable of receiving information (data) in a particular form and of performing a sequence of operations in accordance with a predetermined but variable set of procedural instructions (program) to produce a result in the form of information or signals (information extracted from Oxford Dictionaries on 02/05/2017 at https://en.oxforddictionaries.com/definition/computer); ‘sales’, the activity or business of selling products (information extracted from Oxford Dictionaries on 02/05/2017 at https://en.oxforddictionaries.com/definition/sale); ‘&’, the conjunction ‘and’; ‘services’, the action of helping or doing work for someone (information extracted from Oxford Dictionaries on 02/05/2017 at https://en.oxforddictionaries.com/definition/service); and ‘economy’, the state of a country or region in terms of the production and consumption of goods and services and the supply of money (information extracted from Oxford Dictionaries on 02/05/2017 at https://en.oxforddictionaries.com/definition/economy). As stated previously, due to the size of the characters in the words ‘economy’ and ‘computer sales & services’, they might be overlooked and their meanings not taken into account. Furthermore, these words and the expression ‘green computing’ are weak and non-distinctive in relation to some of the relevant goods and services, and will have less impact on the public.

As the signs will be partly associated with the same meaning, the signs are conceptually similar to an average degree.

As the signs have been found similar in at least one aspect of the comparison, the examination of likelihood of confusion will proceed.

4. Distinctiveness of the earlier mark

The distinctiveness of the earlier mark is one of the factors to be taken into account in the global assessment of likelihood of confusion.

According to the opponent, the earlier mark has been extensively used and enjoys an enhanced scope of protection. However, for reasons of procedural economy, the evidence filed by the opponent to prove this claim does not have to be assessed in the present case (see below in ‘Global assessment’).

Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. In the present case, the earlier trade mark as a whole has no meaning for any of the goods and services in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal.

5. Global assessment, other arguments and conclusion

The goods are identical and the services are partly identical and partly similar.

The signs are aurally, visually and conceptually similar to an average degree. The earlier mark’s sole word, ‘real’, is included as an independent and dominant element in the contested sign. The contested sign has some weak and non-distinctive verbal elements for some of the goods and services, as explained in section c) above, some of which are likely to be overlooked due to their small size. Therefore, the differences between the signs are confined to weak or secondary elements of the contested sign. Consequently, the attention of the relevant public will focus on the dominant and distinctive element, ‘real’, in both signs.

According to case-law, where the goods or services are identical there may be a likelihood of confusion on the part of the public where the contested sign is composed by juxtaposing other word elements with a registered mark that has normal distinctiveness and which, without alone determining the overall impression conveyed by the composite sign, still has an independent distinctive role therein (06/10/2005, C-120/04, Thomson Life, EU:C:2005:594, § 37). The public could think that the marks come from economically-linked undertakings, as both signs have the words ‘real’ as their independent distinctive element.

Evaluating likelihood of confusion implies some interdependence between the relevant factors and, in particular, a similarity between the marks and between the goods or services. Therefore, a lesser degree of similarity between goods and services may be offset by a greater degree of similarity between the marks and vice versa (29/09/1998, C-39/97, Canon, EU:C:1998:442, § 17).

Considering all the above, there is a likelihood of confusion on the part of the English-speaking part of the public. As stated above in section c) of this decision, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.

Therefore, the opposition is well founded on the basis of the opponent’s European Union trade mark registration No 9 512 609. It follows that the contested trade mark must be rejected for all the contested goods and services.

Since the opposition is successful on the basis of the inherent distinctiveness of the earlier mark, there is no need to assess the enhanced degree of distinctiveness of the opposing mark due to its reputation as claimed by the opponent. The result would be the same even if the earlier mark enjoyed an enhanced degree of distinctiveness.

As the earlier right European Union trade mark registration No 9 512 609 leads to the success of the opposition and to the rejection of the contested trade mark for all the goods and services against which the opposition was directed, there is no need to examine the other earlier rights invoked by the opponent (16/09/2004, T-342/02, Moser Grupo Media, S.L., EU:T:2004:268).

COSTS

According to Article 85(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.

Since the applicant is the losing party, it must bear the opposition fee as well as the costs incurred by the opponent in the course of these proceedings.

According to Rule 94(3) and (6) and Rule 94(7)(d)(i) EUTMIR, the costs to be paid to the opponent are the opposition fee and the costs of representation which are to be fixed on the basis of the maximum rate set therein.

The Opposition Division

Gueorgui IVANOV

Patricia LÓPEZ FERNÁNDEZ DE CORRES

Dorothee SCHLIEPHAKE

According to Article 59 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720 has been paid.

The amount determined in the fixation of the costs may only be reviewed by a decision of the Opposition Division on request. According to Rule 94(4) EUTMIR, such a request must be filed within one month from the date of notification of this fixation of costs and will be deemed to be filed only when the review fee of EUR 100 (Annex I A(33) EUTMR) has been paid.