OPPOSITION No B 2 309 485
Teixeira Duarte-Engenharia e Construções, Sa, Lagoas Park, Edificio 2, P-2740-265 Porto Salvo, Portugal (opponent), represented by J. Pereira da Cruz, S.A., Rua Victor Cordon, 14, 1249-103 Lisbon, Portugal (professional representative)
a g a i n s t
Carrefour, SA, 33, avenue Emile Zola, 92100 Boulogne Billancourt, France (applicant), represented by Novagraaf France, Bâtiment O2 – 2, rue Sarah Bernhardt, CS 90017, 92665 Asnières-sur –Seine, France (professional representative).
On 28/04/2017, the Opposition Division takes the following
DECISION:
1. Opposition No B 2 309 485 is upheld for all the contested services.
2. European Union trade mark application No 12 034 963 is rejected in its entirety.
3. The applicant bears the costs, fixed at EUR 650.
REASONS:
The opponent filed an opposition against all the services of European Union trade mark application No 12 034 963. The opposition is based on Portuguese trade mark registration No 490 126. 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 services
The services on which the opposition is based are the following:
Class 35: Retail sale and wholesale in supermarkets, including the sale of food and non-food products, hygiene articles, cosmetics products, dietetic products, workshop equipment, do-it-yourself articles, decorative articles, stationery and school articles, furniture, household and kitchen products, household and kitchen appliances and utensils, bags and travelling articles, food and accessories for animals, beverages, clothing articles and fashion accessories; advertising and informative advertising, also via the internet, production and design of advertising matter of all kinds, business management and business administration; sales promotion for others; including via the internet.
The contested services are the following:
Class 35: Advertising, business information, providing of business information and consultancy to consumers, business management, business administration, providing of business and/or advertising information via electronic means, in particular via global communication networks (the Internet) or private access networks (intranets), dissemination of advertising matter, advertising by mail order, publication of publicity texts, broadcasting and dissemination of advertising matter, namely: printed matter, catalogues, brochures, prospectuses, leaflets, samples, reproduction of advertising documents, dissemination of advertising matter, outdoor advertising, rental of advertising space, rental of publicity materials, rental of advertising time on communication media of all kinds, institutional communication (advertising), advertising and commercial sponsorship, market studies, market research, opinion polling, auctioneering, shop window dressing, presentation of goods on communication media, for retail purposes, promotional offers (sales promotion for others), organisation and management of customer loyalty schemes, business management assistance, organisation of exhibitions, trade fairs or events for commercial or advertising purposes, demonstration of goods, administrative management of the purchase of goods and/or services online via the Internet, promotion of goods in connection with the trading of all kinds of goods, in particular those sold in supermarkets, markets and hypermarkets, sales promotion (for others); Procurement (retailing and online purchasing of goods and services for other companies) of multimedia goods, namely televisions (liquid crystal displays (LCDs), plasma, cathode ray tube), players-recorders, speakers, netbooks, digital cameras, digital photograph frames, digital camcorders, compact discs and CD-ROMs, digital video discs (digital versatile discs (DVDs)), high density digital versatile discs (HD-DVDs), high definition digital discs, portable players and readers (personal stereos), car radios, converters, encoders, recorders, writers, keypads, digital game software, game consoles designed for use with television receivers only, mobile telephones, cordless telephones, central processing units, monitors, laser printers, multifunction printers, ink-jet printers, hard disks, USB keys, memory cards, floppy disks, clock radios, hi-fi systems, turntables, namely apparatus for transmission, reproduction or processing of sound, amplifiers, digital video disc (digital versatile disc (DVD)) players, tuners, speakers, hi-fi systems and amplifiers for home cinema systems, plasma screens, video projectors, computer software, films, global positioning (GPS), computer, audio-visual, telephony, music and photography systems, printed matter, stationery, books, goods for artistic and cultural activities, namely paints, colorants, varnishes, lacquers, paper and cardboard (unprocessed, semi-processed or for stationery or printing), school supplies, writing materials, writing instruments, drawing materials, drawing instruments, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional or teaching material (except apparatus), modelling materials, materials for modelling, ink pads, stencil plates, transfers, bookbinding material, photographs, adhesives for stationery or household purposes, plastic materials for packaging, namely bags, sachets, envelopes and pouches (of plastic) for packaging, plastic bubble packs for wrapping or packaging, printers' type, printing blocks, albums, musical greetings cards, announcement cards (stationery), table linen (of paper), games and playthings, gymnastic and sporting articles, goods for maintaining the home, namely sponges, abrasives, mops, cloths for cleaning, brooms, scrub brushes, laundry preparations, soaps, multipurpose cleaners, detergents, stain removers, scouring solutions, bleach, disinfectants, deodorants (other than for personal use), moisture absorbers, waxes, polish for furniture and flooring, goods for renovating the home, namely paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists, paints, thinners, thickeners, colorants, coatings, casts, mastic, goods for interior decoration of the home, namely textiles and textile goods, not included in other classes, namely bath linen (except clothing), bed linen, household linen, table linen (of textile), net curtains, curtains of textile or plastic, blinds of textile, wall hangings of textile, non-woven fabrics (textiles), protective covers for furniture, cushions (except cushions for medical and heating purposes), cushion covers, furniture coverings of textile, bed covers, table covers, curtain rods and rings, curtain hooks, rollers, tie-backs, curtain rails, curtain bars of metal, end-pieces and brackets for curtain bars not of metal, door handles not of metal and knobs for furniture not of metal, lace and embroidery, ribbons, cords for curtains, curtain holders not of textile, carpets and rugs, picture frames, pictures, stickers, mirrors, works of art of wood, plaster or plastic, mobiles (decorative objects), boxes, bins of wood or of plastic, candles, candelabra, pottery, vases (not of precious metal), pots, covers for pots (not of paper), statues and statuettes of porcelain, terra-cotta or glass, fountains, dried flowers for decoration, lamps, lampshades, lampshade holders, paints and lacquers, colorants, varnishes, surface coatings, goods for exterior decoration of the home, namely terraces, decking, parasols, pottery, pots, basins (for plants), covers for pots (not of paper), window boxes, decorative bowls, troughs, statues and statuettes of stone, concrete or terra-cotta, fountains and pools, plant supports, lamps, trellises, arches, garden and gardening goods, namely garden sheds, summerhouses, bandstands, garages, car ports, log shelters, trellises, hoops, casings for containers, gutters, solar lamps for shelters, lamps, blinds, garden fences, pergolas, awnings and tarpaulins for pergolas, greenhouses, verandas, cultivation tunnels, cultivation roofs, protective netting, extensions for roofs, sets of shades for terrace roofs, sets of curtains for terrace roofs, shelves, shutters for greenhouses, chests for storage purposes, shredders of vegetable matter, composters, blowers, motorised hoes and motorised cultivators, chainsaws, brush cutters and edge trimmers, log splitters, water collectors, vats, hosepipes and reels, grains and agricultural, horticultural and forestry products (neither prepared nor processed), grains (seeds), live plants and natural flowers, plant material, unprocessed bark, unprocessed wood, dried flowers for decoration, preparations for destroying noxious plants, moss inhibitors, fungicides, bactericides, insecticides, mouse poison, rat poison, algicides, parasiticides, natural and artificial manures, compost, manure, peat (fertiliser), soil amendments, topsoil, chemicals used in agriculture, horticulture and forestry, lawnmowers (machines), spraying machines, gardening tools, hoe-forks, hoes, clawed tools, forks, rakes, spades (hand tools), draining spades, shovels, pickaxes, scarifiers, sowers (tools), spreaders (tools), ventilators, lawn rollers, edge cutters, hand-operated lawn mowers, hedge trimmers, shears (scissors), secateurs, pruners, pruning shears, bill-hooks, axes, grafting tools (hand tools), insecticide sprayers (hand tools), lawn rakes, wheelbarrows, sack-barrows, garden trolleys, aprons, clothing for DIY and gardening, boots and shoes (not for medical purposes), plant supports, gardening gloves, brooms, refuse bins, boot jacks, fly catchers, insect traps, sprinklers, nozzles for sprinklers, watering apparatus, watering cans, hose guide systems, buckets, goods for outdoor activities, namely porticos, toboggans, apparatus, swings, basketball hoops, swimming pools, spas, jacuzzis, sandboxes, playhouses, exercise bars, climbing nets, playgrounds, huts of wood, trampolines, outdoor games, fishing creels, camping equipment, small and large household electrical appliances, namely refrigerators, freezers, wine cabinets, dishwashers, cookers, hobs, extractor hoods for kitchens, electric cooking utensils, ovens, rotisseries, microwave ovens, coffee pots, coffee grinders, electric coffee percolators, kettles, multifunctional food processors, beaters, mixers, choppers, electric heaters for feeding bottles, centrifuges, fruit presses, draught beer machines, tin openers, electric knives, electric blenders, electric whisks for household purposes, meat mincers, pressure cookers, food steamers, hot plates and cooking rings, slow cookers, woks, electric deep fryers, yoghurt makers, vessels of metal for making ices and iced drinks, hot chocolate machines, popcorn machines, electric barbecues, electric cold boxes, machines for making beverages, apparatus for slicing foodstuffs, apparatus for making and slicing bread, toasters, waffle machines, toasted sandwich makers, pancake makers, fondue sets, raclette sets, pizza makers, stones for cooking, machines for making pasta, grills, household mixers, sewing machines, washing machines for laundry, tumble dryers for laundry, steam units, irons, electric toothbrushes, hairdryers, curling and straightening tongs, heated brushes, epilators, manicure and pedicure apparatus, electric razors, beard and hair clippers, electrostimulators, massage cushions, vacuum cleaners, steam cleaners, parquet wax-polishers, electric machines and apparatus for carpet shampooing, electric and oil-filled radiators, electric fans for personal use, air conditioners, heating apparatus, fan heaters, radiator panels, air purification units, interior furnishings for the home, namely furniture, furniture used for storage, television furniture, computer furniture, office furniture, school furniture, plate racks, chests, sideboards, chiffoniers, jam pots, feed stores, bonneti?re cupboards, chests of drawers, bars, bottle racks, screens (furniture), vase holders, plant stand tables, units, stepped furniture units, desks, bookcases, filing cabinets, writing desks, cupboards, tables, chairs, benches, footstools, armchairs, pouffes, shelves, stepped shelving units, showcases (furniture), grandfather clocks, coat stands on feet, umbrella stands, magazine racks, laundry baskets, towel dryers and towel holders, shower cubicles, bathtubs, toilets, bath screens, washbasins and wash-hand bowls, medicine cabinets, beds, bed frames, headboards, drawers for beds, bedside tables, boxes for playthings, walk-in wardrobes, dressing tables, mattresses, mattress protectors, spring mattresses, pillows, bolsters, cushions, lamps, wood-burning stoves, mirrors, picture frames, pictures, goods for home exteriors, namely garden furniture, seating units, sofas, armchairs, chairs, benches, tables, tea trolleys, deckchairs, sun loungers, recliners, swinging seats, trestles (furniture), flower-pot pedestals, straw mattresses, flower-stands (furniture), parasols, arbours, chests for storage purposes, bars, barbecues, covers for barbecues, lighting, household or kitchen utensils and containers, linen, fabrics and textiles, small items of metal hardware, DIY goods, tools, goods for cars, namely anti-theft devices for vehicles, horns for vehicles, luggage carriers for vehicles, lighting, articles for cleaning purposes, industrial oils and greases, candles and wicks for lighting, safety seats for children (for vehicles), sun-blinds adapted for automobiles, safety beds for children (for vehicles), safety belts and harnesses for seats and safety beds for children (for vehicles), brake linings for vehicles, rear-view mirrors, goods for bicycles, namely anti-theft devices, horns, luggage carriers, dress guards for bicycles, brakes for bicycles, pumps for bicycles, saddles for bicycles, saddle covers for bicycles, bells for bicycles, mudguards, adhesive rubber patches for repairing inner tubes, repair outfits for inner tubes, clothing, footwear, headgear, luggage, leatherware, foodstuffs and beverages, hygiene and beauty preparations, namely soaps, bath salts, shampoos, conditioners, hair lotions, dentifrices, mouth washes (not for medical purposes), shaving preparations, depilatory preparations, deodorants for personal use, cotton wool, cotton swabs, cleansing milk for toilet purposes, cosmetic skin care preparations, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, talcum powder for toilet use, eaux de toilette, scented water, wipes impregnated with cosmetic lotions, sunscreen preparations, cotton wool sticks for cosmetic purposes, cotton wool for cosmetic purposes, food for babies, cold sterilisation tablets for babies' feeding bottles, preparations for facilitating teething, cotton for medical purposes, compresses, mixers, electric fruit presses for household use, weighing apparatus, thermometers not for medical purposes (for the bath), electric monitoring apparatus, covers for electric outlets, protection devices for personal use against accidents, nets for protection against accidents, warning triangles for babies, sunglasses, draw-sheets for sick beds, feeding bottles, dummies (teats) for babies, dummy clips, teats for feeding bottles, feeding bottle valves, spoons and bottles for medicines, baby nose blowers, umbilical dressings, ear picks, thermometers for medical purposes, rings for soothing purposes or for facilitating teething, changing mats for medical purposes, bathtubs, electric heaters for feeding bottles, nightlights for children (lamps), sterilisers for feeding bottles, prams, bouncers, safety seats for children (for vehicles), prams, pram covers, pram hoods, pushchairs, pushchair hoods, protective covers, safety beds for children (for vehicles), safety belts and harnesses for safety seats and beds for children (for vehicles), bibs of paper, disposable nappies and nappy-pants of paper or cellulose, infant carriers (with wheels) for the back or chest, baby carriers of textile, parasols, travelling sets (leatherware), vanity cases (not fitted), sling bags for carrying infants, baby carriers, toiletries bags, cots, high chairs for children, beds for children, bed surrounds, baby baskets, mattresses, tables and units for baby changing purposes, chests of drawers, cupboards, boxes (not of metal), chests (furniture), pillows, cushions, cots, seats, folding seats, swing seats, wheeled seats, holders for clothing (furniture), feeding bottle racks, baby walkers, boxes for playthings, foldable beds, transportable beds, transportable beds for children (of textile) in the form of bags, baskets (not of metal), baskets of wicker, deckchairs for children, hangers for clothing, door stops not of metal, cupboards and drawers, gates designed to be placed within door frames or at the top or bottom of staircases in order to restrict access and/or secure a given area, playpens for babies protectors (not of metal) for table corners, mobiles (decorative objects), wind chimes (decoration), clothes hooks (not of metal), combs and brushes for cleaning feeding bottles (bottle-brushes), cleaning brushes for feeding bottles, toiletry sponges, isothermic bags (for keeping feeding bottles warm), thermally insulated containers for foodstuffs, portable baby baths, non-electric heaters for feeding bottles, vacuum bottles, non-electric kitchen mixers, chamber pots, toothbrushes, mugs (not of precious metal), plates to prevent milk boiling over, bath linen (except clothing), bed linen, linen sets for cots, for prams and for beds, towels and washcloths, bed covers, mosquito nets, clothing, footwear, headgear for babies and children, bibs (not of paper), bibs of plastic, nappy-pants, nappies of textile, layettes, babies' nappies of textile, dressing gowns, playthings for the bath, educational games, musical mobiles (playthings), play mats (playthings), rattles (playthings), soft toys (playthings), jigsaw puzzles, dolls, accessories and clothing for dolls, vehicles (playthings), parapharmaceuticals, namely face and body care preparations, dermatological care preparations, hair care preparations, baby care preparations, toiletries, make-up, dietetic substances and food supplements, sun-tanning preparations, jewellery, horological instruments, goods for animals, namely soaps, shampoos and lotions as animal toiletries, shampoos, lotions and antiparasitic collars for animals, disinfectants for medical or sanitary purposes (other than soaps), foodstuffs for animals, strengthening foodstuffs, beverages for pets, forage, preparations for destroying vermin, cushions for animals, birdcages, kennels and cages for animals, rabbit hutches, chicken coops, aviaries, cages for rodents, horse boxes, leads, muzzles, animal harnesses, aquaria, litter trays, gravel for litter trays and for aquaria, combs and sponges, brushes (except paint brushes), troughs for animals, clothing for animals, baskets for transporting animals, playthings and play accessories for animals, traps for wild animals, bringing together, for others, of a variety of multimedia goods (excluding the transport thereof), namely televisions (liquid crystal displays (LCDs), plasma, cathode ray tube), players-recorders, speakers, netbooks, digital cameras, digital photograph frames, digital camcorders, compact discs and CD-ROMs, digital video discs (digital versatile discs (DVDs)), high density digital versatile discs (HD-DVDs), high-definition digital discs, portable players and readers (personal stereos), car radios, converters, encoders, recorders, writers, keypads, digital game software, game consoles designed for use with television receivers only, mobile telephones, cordless telephones, central processing units, monitors, laser printers, multifunction printers, ink-jet printers, hard disks, USB keys, memory cards, floppy disks, clock radios, hi-fi systems, turntables, namely apparatus for transmission, reproduction or processing of sound, amplifiers, digital video disc (digital versatile disc (DVD)) players, tuners, speakers, hi-fi systems and amplifiers for home cinema systems, plasma screens, video projectors, computer software, films, global positioning (GPS), computer, audio-visual, telephony, music and photography systems, printed matter, stationery, books, goods for artistic and cultural activities, namely paints, colorants, varnishes, lacquers, paper and cardboard (unprocessed, semi-processed or for stationery or printing), school supplies, writing materials, writing instruments, drawing materials, drawing instruments, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional or teaching material (except apparatus), modelling materials, materials for modelling, ink pads, stencil plates, transfers, bookbinding material, photographs, adhesives for stationery or household purposes, plastic materials for packaging, namely bags, sachets, envelopes and pouches (of plastic) for packaging, oilcloth of plastic for wrapping or packaging, printers' type, printing blocks, albums, musical greetings cards, announcement cards (stationery), table linen (of paper), games and playthings, gymnastic and sporting articles, goods for maintaining the home, namely sponges, abrasives, mops, cloths for cleaning, brooms, scrub brushes, laundry preparations, soaps, multipurpose cleaners, detergents, stain removers, scouring solutions, potassium hypochloride, disinfectants, deodorants (other than for personal use), moisture absorbers, waxes, polish for furniture and flooring, goods for renovating the home, namely paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists, paints, thinners, thickeners, colorants, coatings, casts, mastic, goods for interior decoration of the home, namely textiles and textile goods, not included in other classes, namely bath linen (except clothing), bed linen, household linen, table linen (of textile), net curtains, curtains of textile or plastic, blinds of textile, wall hangings of textile, non-woven fabrics (textiles), protective covers for furniture, cushions (except cushions for medical and heating purposes), cushion covers, furniture coverings of textile, bed covers, table covers, curtain rods and rings, curtain hooks, rollers, tie-backs, curtain rails, curtain bars of metal, end-pieces and brackets for curtain bars not of metal, door handles not of metal and knobs for furniture not of metal, lace and embroidery, ribbons, cords for curtains, curtain holders not of textile, carpets and rugs, picture frames, pictures, stickers, mirrors, works of art of wood, plaster or plastic, mobiles (decorative objects), boxes, bins of wood or of plastic, candles, candelabra, pottery, vases (not of precious metal), pots, covers for pots (not of paper), statues and statuettes of porcelain, terra-cotta or glass, fountains, dried flowers for decoration, lamps, lampshades, lampshade holders, paints and lacquers, colorants, varnishes, surface coatings, goods for exterior decoration of the home, namely terraces, decking, parasols, pottery, pots, basins (for plants), covers for pots (not of paper), window boxes, decorative bowls, troughs, statues and statuettes of stone, concrete or terra-cotta, fountains and pools, plant supports, lamps, trellises, arches, garden and gardening goods, namely garden sheds, summerhouses, bandstands, garages, car ports, log shelters, trellises, hoops, casings for containers, gutters, solar lamps for shelters, lamps, blinds, garden fences, pergolas, awnings and tarpaulins for pergolas, greenhouses, verandas, cultivation tunnels, cultivation roofs, protective netting, extensions for roofs, sets of shades for terrace roofs, sets of curtains for terrace roofs, shelves, shutters for greenhouses, chests for storage purposes, shredders of vegetable matter, composters, blowers, motorised hoes and motorised cultivators, chainsaws, brush cutters and edge trimmers, log splitters, water collectors, vats, hosepipes and reels, grains and agricultural, horticultural and forestry products (neither prepared nor processed), grains (seeds), live plants and natural flowers, plant material, unprocessed bark, unprocessed wood, dried flowers for decoration, preparations for destroying noxious plants, moss inhibitors, fungicides, bactericides, insecticides, mouse poison, rat poison, algicides, parasiticides, natural and artificial manures, compost, manure, peat (fertiliser), soil amendments, topsoil, chemicals used in agriculture, horticulture and forestry, lawnmowers (machines), spraying machines, gardening tools, hoe-forks, hoes, clawed tools, forks, rakes, spades (hand tools), draining spades, shovels, pickaxes, scarifiers, sowers (tools), spreaders (tools), ventilators, lawn rollers, edge cutters, hand-operated lawn mowers, hedge trimmers, shears (scissors), secateurs, pruners, pruning shears, bill-hooks, axes, grafting tools (hand tools), insecticide sprayers (hand tools), lawn rakes, wheelbarrows, sack-barrows, garden trolleys, aprons, clothing for DIY and gardening, boots and shoes (not for medical purposes), plant supports, gardening gloves, brooms, refuse bins, boot jacks, fly catchers, insect traps, sprinklers, nozzles for sprinklers, watering apparatus, watering cans, hose guide systems, buckets, goods for outdoor activities, namely porticos, toboggans, apparatus, swings, basketball hoops, swimming pools, spas, jacuzzis, sandboxes, playhouses, exercise bars, climbing nets, playgrounds, huts of wood, trampolines, outdoor games, fishing creels, camping equipment, small and large household electrical appliances, namely refrigerators, freezers, wine cabinets, dishwashers, cookers, hobs, extractor hoods for kitchens, electric cooking utensils, ovens, rotisseries, microwave ovens, coffee pots, coffee grinders, electric coffee percolators, kettles, multifunctional food processors, beaters, mixers, choppers, electric heaters for feeding bottles, centrifuges, fruit presses, draught beer machines, tin openers, electric knives, electric blenders, electric whisks for household purposes, meat mincers, pressure cookers, food steamers, hot plates and cooking rings, slow cookers, woks, electric deep fryers, yoghurt makers, vessels of metal for making ices and iced drinks, hot chocolate machines, popcorn machines, electric barbecues, electric cold boxes, machines for making beverages, apparatus for slicing foodstuffs, apparatus for making and slicing bread, toasters, waffle machines, toasted sandwich makers, pancake makers, fondue sets, raclette sets, pizza makers, stones for cooking, machines for making pasta, grills, household mixers, sewing machines, washing machines for laundry, tumble dryers for laundry, steam units, irons, electric toothbrushes, hairdryers, curling and straightening tongs, heated brushes, epilators, manicure and pedicure apparatus, electric razors, beard and hair clippers, electrostimulators, massage cushions, vacuum cleaners, steam cleaners, parquet wax-polishers, electric machines and apparatus for carpet shampooing, electric and oil-filled radiators, electric fans for personal use, air conditioners, heating apparatus, fan heaters, radiator panels, air purification units, interior furnishings for the home, namely furniture, furniture used for storage, television furniture, computer furniture, office furniture, school furniture, plate racks, chests, sideboards, chiffoniers, jam pots, feed stores, bonneti?re cupboards, chests of drawers, bars, bottle racks, screens (furniture), vase holders, plant stand tables, units, stepped furniture units, desks, bookcases, filing cabinets, writing desks, cupboards, tables, chairs, benches, footstools, armchairs, pouffes, shelves, stepped shelving units, showcases (furniture), grandfather clocks, coat stands on feet, umbrella stands, magazine racks, laundry baskets, towel dryers and towel holders, shower cubicles, bathtubs, toilets, bath screens, washbasins and wash-hand bowls, medicine cabinets, beds, bed frames, headboards, drawers for beds, bedside tables, boxes for playthings, walk-in wardrobes, dressing tables, mattresses, mattress protectors, spring mattresses, pillows, bolsters, cushions, lamps, wood-burning stoves, mirrors, picture frames, pictures, goods for home exteriors, namely garden furniture, seating units, sofas, armchairs, chairs, benches, tables, tea trolleys, deckchairs, sun loungers, recliners, swinging seats, trestles (furniture), flower-pot pedestals, straw mattresses, flower-stands (furniture), parasols, arbours, chests for storage purposes, bars, barbecues, covers for barbecues, lighting, household or kitchen utensils and containers, linen, fabrics and textiles, small items of metal hardware, DIY goods, tools, goods for cars, namely anti-theft devices for vehicles, horns for vehicles, luggage carriers for vehicles, lighting, articles for cleaning purposes, industrial oils and greases, candles and wicks for lighting, safety seats for children (for vehicles), sun-blinds adapted for automobiles, safety beds for children (for vehicles), safety belts and harnesses for seats and safety beds for children (for vehicles), brake linings for vehicles, rear-view mirrors, goods for bicycles, namely anti-theft devices, horns, luggage carriers, dress guards for bicycles, brakes for bicycles, pumps for bicycles, saddles for bicycles, saddle covers for bicycles, bells for bicycles, mudguards, adhesive rubber patches for repairing inner tubes, repair outfits for inner tubes, clothing, footwear, headgear, luggage, leatherware, foodstuffs and beverages, hygiene and beauty preparations, namely soaps, bath salts, shampoos, conditioners, hair lotions, dentifrices, mouth washes (not for medical purposes), shaving preparations, depilatory preparations, deodorants for personal use, cotton wool, cotton swabs, cleansing milk for toilet purposes, cosmetic skin care preparations, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, talcum powder for toilet use, eaux de toilette, scented water, wipes impregnated with cosmetic lotions, sunscreen preparations, cotton wool sticks for cosmetic purposes, cotton wool for cosmetic purposes, food for babies, cold sterilisation tablets for babies' feeding bottles, preparations for facilitating teething, cotton for medical purposes, compresses, mixers electric fruit presses for household use, weighing apparatus, thermometers not for medical purposes (for the bath), electric monitoring apparatus, covers for electric outlets, protection devices for personal use against accidents, nets for protection against accidents, warning triangles for babies, sunglasses, draw-sheets for sick beds, feeding bottles, dummies (teats) for babies, dummy clips, teats for feeding bottles, feeding bottle valves, spoons and bottles for medicines, baby nose blowers, umbilical dressings, ear picks, thermometers for medical purposes, rings for soothing purposes or for facilitating teething, changing mats for medical purposes, bathtubs, electric heaters for feeding bottles, nightlights for children (lamps), sterilisers for feeding bottles, prams, bouncers, safety seats for children (for vehicles), prams, pram covers, pram hoods, pushchairs, pushchair hoods, protective covers, safety beds for children (for vehicles), safety belts and harnesses for safety seats and beds for children (for vehicles), bibs of paper, disposable nappies and nappy-pants of paper or cellulose, infant carriers (with wheels) for the back or chest, baby carriers of textile, parasols, travelling sets (leatherware), vanity cases (not fitted), sling bags for carrying infants, baby carriers, toiletries bags, cots, high chairs for children, beds for children, bed surrounds, baby baskets, mattresses, tables and units for baby changing purposes, chests of drawers, cupboards, boxes (not of metal), chests (furniture), pillows, cushions, cots, seats, folding seats, swing seats, wheeled seats, holders for clothing (furniture), feeding bottle racks, baby walkers, boxes for playthings, foldable beds, transportable beds, transportable beds for children (of textile) in the form of bags, baskets (not of metal), baskets of wicker, deckchairs for children, hangers for clothing, door stops not of metal, cupboards and drawers, gates designed to be placed within door frames or at the top or bottom of staircases in order to restrict access and/or secure a given area, playpens for babies, protectors (not of metal) for table corners, mobiles (decorative objects), wind chimes (decoration), clothes hooks (not of metal), combs and brushes for cleaning feeding bottles (bottle-brushes), cleaning brushes for feeding bottles, toiletry sponges, isothermic bags (for keeping feeding bottles warm), thermally insulated containers for foodstuffs, portable baby baths, non-electric heaters for feeding bottles, vacuum bottles, non-electric kitchen mixers, chamber pots, toothbrushes, mugs (not of precious metal), plates to prevent milk boiling over, bath linen (except clothing), bed linen, linen sets for cots, for prams and for beds, towels and washcloths, bed covers, mosquito nets, clothing, footwear, headgear for babies and children, bibs (not of paper), bibs of plastic, nappy-pants, nappies of textile, layettes, babies' nappies of textile, dressing gowns, playthings for the bath, educational games, musical mobiles (playthings), play mats (playthings), rattles (playthings), soft toys (playthings), jigsaw puzzles, dolls, accessories and clothing for dolls, vehicles (playthings), parapharmaceuticals, namely face and body care preparations, dermatological care preparations, hair care preparations, baby care preparations, toiletries, make-up, dietetic substances and food supplements, sun-tanning preparations, jewellery, horological instruments, goods for animals, namely soaps, shampoos and lotions as animal toiletries, shampoos, lotions and antiparasitic collars for animals, disinfectants for medical or sanitary purposes (other than soaps), foodstuffs for animals, strengthening foodstuffs, beverages for pets, forage, preparations for destroying vermin, cushions for animals, birdcages, kennels and cages for animals, rabbit hutches, chicken coops, aviaries, cages for rodents, horse boxes, leads, muzzles, animal harnesses, aquaria, litter trays, gravel for litter trays and for aquaria, combs and sponges, brushes (except paint brushes), troughs for animals, clothing for animals, baskets for transporting animals, playthings and play accessories for animals, traps for wild animals, enabling customers to conveniently view, select and purchase those goods from local businesses, including in shops; Retailing of multimedia goods, namely televisions (liquid crystal displays (LCDs), plasma, cathode ray tube), players-recorders, speakers, netbooks, digital cameras, digital photograph frames, digital camcorders, compact discs and CD-ROMs, digital video discs (digital versatile discs (DVDs)), high density digital versatile discs (HD-DVDs), high definition digital discs, portable players and readers (personal stereos), car radios, converters, encoders, recorders, writers, keypads, digital game software, game consoles designed for use with television receivers only, mobile telephones, cordless telephones, central processing units, monitors, laser printers, multifunction printers, ink-jet printers, hard disks, USB keys, memory cards, floppy disks, clock radios, hi-fi systems, turntables, namely apparatus for transmission, reproduction or processing of sound, amplifiers, digital video disc (digital versatile disc (DVD)) players, tuners, speakers, hi-fi systems and amplifiers for home cinema systems, plasma screens, video projectors, computer software, films, global positioning (GPS), computer, audio-visual, telephony, music and photography systems, printed matter, stationery, books, goods for artistic and cultural activities, namely paints, colorants, varnishes, lacquers, paper and cardboard (unprocessed, semi-processed or for stationery or printing), school supplies, writing materials, writing instruments, drawing materials, drawing instruments, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional or teaching material (except apparatus), modelling materials, materials for modelling, ink pads, stencil plates, transfers, bookbinding material, photographs, adhesives for stationery or household purposes, plastic materials for packaging, namely bags, sachets, envelopes and pouches (of plastic) for packaging, plastic bubble packs for wrapping or packaging, printers' type, printing blocks, albums, musical greetings cards, announcement cards (stationery), table linen (of paper), games and playthings, gymnastic and sporting articles, goods for maintaining the home, in particular sponges, abrasives, mops, cloths for cleaning, brooms, scrub brushes, laundry preparations, soaps, multipurpose cleaners, detergents, stain removers, scouring solutions, bleach, disinfectants, deodorants (other than for personal use), moisture absorbers, waxes, polish for furniture and flooring, goods for renovating the home, namely paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists, paints, thinners, thickeners, colorants, coatings, casts, mastic, goods for interior decoration of the home, namely textiles and textile goods, not included in other classes, namely bath linen (except clothing), bed linen, household linen, table linen (of textile), net curtains, curtains of textile or plastic, blinds of textile, wall hangings of textile, non-woven fabrics (textiles), protective covers for furniture, cushions (except cushions for medical and heating purposes), cushion covers, furniture coverings of textile, bed covers, table covers, curtain rods and rings, curtain hooks, rollers, tie-backs, curtain rails, curtain bars of metal, end-pieces and brackets for curtain bars not of metal, door handles not of metal and knobs for furniture not of metal, lace and embroidery, ribbons, cords for curtains, curtain holders not of textile, carpets and rugs, picture frames, pictures, stickers, mirrors, works of art of wood, plaster or plastic, mobiles (decorative objects), boxes, bins of wood or of plastic, candles, candelabra, pottery, vases (not of precious metal), pots, covers for pots (not of paper), statues and statuettes of porcelain, terra-cotta or glass, fountains, dried flowers for decoration, lamps, lampshades, lampshade holders, paints and lacquers, colorants, varnishes, surface coatings, goods for exterior decoration of the home, namely terraces, decking, parasols, pottery, pots, basins (for plants), covers for pots (not of paper), window boxes, decorative bowls, troughs, statues and statuettes of stone, concrete or terra-cotta, fountains and pools, plant supports, lamps, trellises, arches, garden and gardening goods, namely garden sheds, summerhouses, bandstands, garages, car ports, log shelters, trellises, hoops, casings for containers, gutters, solar lamps for shelters, lamps, blinds, garden fences, pergolas, awnings and tarpaulins for pergolas, greenhouses, verandas, cultivation tunnels, cultivation roofs, protective netting, extensions for roofs, sets of shades for terrace roofs, sets of curtains for terrace roofs, shelves, shutters for greenhouses, chests for storage purposes, shredders of vegetable matter, composters, blowers, motorised hoes and motorised cultivators, chainsaws, brush cutters and edge trimmers, log splitters, water collectors, vats, hosepipes and reels, grains and agricultural, horticultural and forestry products (neither prepared nor processed), grains (seeds), live plants and natural flowers, plant material, unprocessed bark, unprocessed wood, dried flowers for decoration, preparations for destroying noxious plants, moss inhibitors, fungicides, bactericides, insecticides, mouse poison, rat poison, algicides, parasiticides, natural and artificial manures, compost, manure, peat (fertiliser), soil amendments, topsoil, chemicals used in agriculture, horticulture and forestry, lawnmowers (machines), spraying machines, gardening tools, hoe-forks, hoes, clawed tools, forks, rakes, spades (hand tools), draining spades, shovels, pickaxes, scarifiers, sowers (tools), spreaders (tools), ventilators, lawn rollers, edge cutters, hand-operated lawn mowers, hedge trimmers, shears (scissors), secateurs, pruners, pruning shears, bill-hooks, axes, grafting tools (hand tools), insecticide sprayers (hand tools), lawn rakes, wheelbarrows, sack-barrows, garden trolleys, aprons, clothing for DIY and gardening, boots and shoes (not for medical purposes), plant supports, gardening gloves, brooms, refuse bins, boot jacks, fly catchers, insect traps, sprinklers, nozzles for sprinklers, watering apparatus, watering cans, hose guide systems, buckets, goods for outdoor activities, namely porticos, toboggans, apparatus, swings, basketball hoops, swimming pools, spas, jacuzzis, sandboxes, playhouses, exercise bars, climbing nets, playgrounds, huts of wood, trampolines, outdoor games, fishing creels, camping equipment, small and large household electrical appliances, namely refrigerators, freezers, wine cabinets, dishwashers, cookers, hobs, extractor hoods for kitchens, electric cooking utensils, ovens, rotisseries, microwave ovens, coffee pots, coffee grinders, electric coffee percolators, kettles, multifunctional food processors, beaters, mixers, choppers, electric heaters for feeding bottles, centrifuges, fruit presses, draught beer machines, tin openers, electric knives, electric blenders, electric whisks for household purposes, meat mincers, pressure cookers, food steamers, hot plates and cooking rings, slow cookers, woks, electric deep fryers, yoghurt makers, vessels of metal for making ices and iced drinks, hot chocolate machines, popcorn machines, electric barbecues, electric cold boxes, machines for making beverages, apparatus for slicing foodstuffs, apparatus for making and slicing bread, toasters, waffle machines, toasted sandwich makers, pancake makers, fondue sets, raclette sets, pizza makers, stones for cooking, machines for making pasta, grills, household mixers, sewing machines, washing machines for laundry, tumble dryers for laundry, steam units, irons, electric toothbrushes, hairdryers, curling and straightening tongs, heated brushes, epilators, manicure and pedicure apparatus, electric razors, beard and hair clippers, electrostimulators, massage cushions, vacuum cleaners, steam cleaners, parquet wax-polishers, electric machines and apparatus for carpet shampooing, electric and oil-filled radiators, electric fans for personal use, air conditioners, heating apparatus, fan heaters, radiator panels, air purification units, interior furnishings for the home, namely furniture, furniture used for storage, television furniture, computer furniture, office furniture, school furniture, plate racks, chests, sideboards, chiffoniers, jam pots, feed stores, bonneti?re cupboards, chests of drawers, bars, bottle racks, screens (furniture), vase holders, plant stand tables, units, stepped furniture units, desks, bookcases, filing cabinets, writing desks, cupboards, tables, chairs, benches, footstools, armchairs, pouffes, shelves, stepped shelving units, showcases (furniture), grandfather clocks, coat stands on feet, umbrella stands, magazine racks, laundry baskets, towel dryers and towel holders, shower cubicles, bathtubs, toilets, bath screens, washbasins and wash-hand bowls, medicine cabinets, beds, bed frames, headboards, drawers for beds, bedside tables, boxes for playthings, walk-in wardrobes, dressing tables, mattresses, mattress protectors, spring mattresses, pillows, bolsters, cushions, lamps, wood-burning stoves, mirrors, picture frames, pictures, goods for home exteriors, namely garden furniture, seating units, sofas, armchairs, chairs, benches, tables, tea trolleys, deckchairs, sun loungers, recliners, swinging seats, trestles (furniture), flower-pot pedestals, straw mattresses, flower-stands (furniture), parasols, arbours, chests for storage purposes, bars, barbecues, covers for barbecues, lighting, household or kitchen utensils and containers, linen, fabrics and textiles, small items of metal hardware, DIY goods, tools, goods for cars, namely anti-theft devices for vehicles, horns for vehicles, luggage carriers for vehicles, lighting, articles for cleaning purposes, industrial oils and greases, candles and wicks for lighting, safety seats for children (for vehicles), sun-blinds adapted for automobiles, safety beds for children (for vehicles), safety belts and harnesses for seats and safety beds for children (for vehicles), brake linings for vehicles, rear-view mirrors, goods for bicycles, namely anti-theft devices, horns, luggage carriers, dress guards for bicycles, brakes for bicycles, pumps for bicycles, saddles for bicycles, saddle covers for bicycles, bells for bicycles, mudguards, adhesive rubber patches for repairing inner tubes, repair outfits for inner tubes, clothing, footwear, headgear, luggage, leatherware, foodstuffs and beverages, hygiene and beauty preparations, namely soaps, bath salts, shampoos, conditioners, hair lotions, dentifrices, mouth washes (not for medical purposes), shaving preparations, depilatory preparations, deodorants for personal use, cotton wool, cotton swabs, cleansing milk for toilet purposes, cosmetic skin care preparations, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, talcum powder for toilet use, eaux de toilette, scented water, wipes impregnated with cosmetic lotions, sunscreen preparations, cotton wool sticks for cosmetic purposes, cotton wool for cosmetic purposes, food for babies, cold sterilisation tablets for babies' feeding bottles, preparations for facilitating teething, cotton for medical purposes, compresses, mixers, electric fruit presses for household use, weighing apparatus, thermometers not for medical purposes (for the bath), electric monitoring apparatus, covers for electric outlets, protection devices for personal use against accidents, nets for protection against accidents, warning triangles for babies, sunglasses, draw-sheets for sick beds, feeding bottles, dummies (teats) for babies, dummy clips, teats for feeding bottles, feeding bottle valves, spoons and bottles for medicines, baby nose blowers, umbilical dressings, ear picks, thermometers for medical purposes, rings for soothing purposes or for facilitating teething, changing mats for medical purposes, bathtubs, electric heaters for feeding bottles, nightlights for children (lamps), sterilisers for feeding bottles, prams, bouncers, safety seats for children (for vehicles), prams, pram covers, pram hoods, pushchairs, pushchair hoods, protective covers, safety beds for children (for vehicles), safety belts and harnesses for safety seats and beds for children (for vehicles), bibs of paper, disposable nappies and nappy-pants of paper or cellulose, infant carriers (with wheels) for the back or chest, baby carriers of textile, parasols, travelling sets (leatherware), vanity cases (not fitted), sling bags for carrying infants, baby carriers, toiletries bags, cots, high chairs for children, beds for children, bed surrounds, baby baskets, mattresses, tables and units for baby changing purposes, chests of drawers, cupboards, boxes (not of metal), chests (furniture), pillows, cushions, cots, seats, folding seats, swing seats, wheeled seats, holders for clothing (furniture), feeding bottle racks, baby walkers, boxes for playthings, foldable beds, transportable beds, transportable beds for children (of textile) in the form of bags, baskets (not of metal), baskets of wicker, deckchairs for children, hangers for clothing, door stops not of metal, cupboards and drawers, gates designed to be placed within door frames or at the top or bottom of staircases in order to restrict access and/or secure a given area, playpens for babies, protectors (not of metal) for table corners, mobiles (decorative objects), wind chimes (decoration) clothes hooks (not of metal), combs and brushes for cleaning feeding bottles (bottle-brushes), cleaning brushes for feeding bottles, toiletry sponges, isothermic bags (for keeping feeding bottles warm), thermally insulated containers for foodstuffs, portable baby baths, non-electric heaters for feeding bottles, vacuum bottles, non-electric kitchen mixers, chamber pots, toothbrushes, mugs (not of precious metal), plates to prevent milk boiling over, bath linen (except clothing), bed linen, linen sets for cots, for prams and for beds, towels and washcloths, bed covers, mosquito nets, clothing, footwear, headgear for babies and children, bibs (not of paper), bibs of plastic, nappy-pants, nappies of textile, layettes, babies' nappies of textile, dressing gowns, playthings for the bath, educational games, musical mobiles (playthings), play mats (playthings), rattles (playthings), soft toys (playthings), jigsaw puzzles, dolls, accessories and clothing for dolls, vehicles (playthings), parapharmaceuticals, namely face and body care preparations, dermatological care preparations, hair care preparations, baby care preparations, toiletries, make-up, dietetic substances and food supplements, sun-tanning preparations, jewellery, horological instruments, goods for animals, namely soaps, shampoos and lotions as animal toiletries, shampoos, lotions and antiparasitic collars for animals, disinfectants for medical or sanitary purposes (other than soaps), foodstuffs for animals, strengthening foodstuffs, beverages for pets, forage, preparations for destroying vermin, cushions for animals, birdcages, kennels and cages for animals, rabbit hutches, chicken coops, aviaries, cages for rodents, horse boxes, leads, muzzles, animal harnesses, aquaria, litter trays, gravel for litter trays and for aquaria, combs and sponges, brushes (except paint brushes), troughs for animals, clothing for animals, baskets for transporting animals, playthings and play accessories for animals, traps for wild animals.
An interpretation of the wording of the list of goods and services is required to determine the scope of protection of these goods and services.
The term ‘in particular’ and ‘including’, used in the applicant’s and in the opponent’s list of services, indicates that the specific services are only examples of items included in the category and that protection is not restricted to them. In other words, it introduces a non-exhaustive list of examples (see the judgment of 09/04/2003, T-224/01, Nu-Tride, EU:T:2003:107).
However, the term ‘namely’, used in the applicant’s list of services to show the relationship of individual goods and services with a broader category, is exclusive and restricts the scope of protection only to the specifically listed services.
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.
The contested advertising; business management; business administration; sales promotion (for others); promotional offers (sales promotion for others) are identically included in both lists of services, including with synonyms.
The contested business information, providing of business information and consultancy to consumers, providing of business information via electronic means, in particular via global communication networks (the Internet) or private access networks (intranets); opinion polling; organisation and management of customer loyalty schemes, business management assistance are included in, or overlap with, the broad category of the opponent’s business management. They are identical.
The contested providing of advertising information via electronic means, in particular via global communication networks (the Internet) or private access networks (intranets), dissemination of advertising matter, advertising by mail order, publication of publicity texts, broadcasting and dissemination of advertising matter, namely: printed matter, catalogues, brochures, prospectuses, leaflets, samples, reproduction of advertising documents, dissemination of advertising matter, outdoor advertising, rental of advertising space, rental of publicity materials, rental of advertising time on communication media of all kinds, institutional communication (advertising), advertising and commercial sponsorship, market studies, market research; promotion of goods in connection with the trading of all kinds of goods, in particular those sold in supermarkets, markets and hypermarkets, shop window dressing, presentation of goods on communication media, for retail purposes, demonstration of goods, are included in, or overlap with, the opponent’s broad category of advertising. They are considered identical.
The contested administrative management of the purchase of goods and/or services online via the Internet are included in, or overlap with, the opponent’s broad category of business administration. They are considered identical.
As a preliminary remark, it may be noted that procurement is the act or process of buying, including any negotiations between parties that this involves on price and availability. Consequently, the contested procurement (retailing and online purchasing of goods and services for other companies) of multimedia goods, namely televisions (liquid crystal displays (LCDs), plasma, cathode ray tube), players-recorders, speakers, netbooks, digital cameras, digital photograph frames, digital camcorders, compact discs and CD-ROMs, digital video discs (digital versatile discs (DVDs)), high density digital versatile discs (HD-DVDs), high definition digital discs, portable players and readers (personal stereos), car radios, converters, encoders, recorders, writers, keypads, digital game software, game consoles designed for use with television receivers only, mobile telephones, cordless telephones, central processing units, monitors, laser printers, multifunction printers, ink-jet printers, hard disks, USB keys, memory cards, floppy disks, clock radios, hi-fi systems, turntables, namely apparatus for transmission, reproduction or processing of sound, amplifiers, digital video disc (digital versatile disc (DVD)) players, tuners, speakers, hi-fi systems and amplifiers for home cinema systems, plasma screens, video projectors, computer software, films, global positioning (GPS), computer, audio-visual, telephony, music and photography systems, printed matter, stationery, books, goods for artistic and cultural activities, namely paints, colorants, varnishes, lacquers, paper and cardboard (unprocessed, semi-processed or for stationery or printing), school supplies, writing materials, writing instruments, drawing materials, drawing instruments, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional or teaching material (except apparatus), modelling materials, materials for modelling, ink pads, stencil plates, transfers, bookbinding material, photographs, adhesives for stationery or household purposes, plastic materials for packaging, namely bags, sachets, envelopes and pouches (of plastic) for packaging, plastic bubble packs for wrapping or packaging, printers' type, printing blocks, albums, musical greetings cards, announcement cards (stationery), table linen (of paper), games and playthings, gymnastic and sporting articles, goods for maintaining the home, namely sponges, abrasives, mops, cloths for cleaning, brooms, scrub brushes, laundry preparations, soaps, multipurpose cleaners, detergents, stain removers, scouring solutions, bleach, disinfectants, deodorants (other than for personal use), moisture absorbers, waxes, polish for furniture and flooring, goods for renovating the home, namely paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists, paints, thinners, thickeners, colorants, coatings, casts, mastic, goods for interior decoration of the home, namely textiles and textile goods, not included in other classes, namely bath linen (except clothing), bed linen, household linen, table linen (of textile), net curtains, curtains of textile or plastic, blinds of textile, wall hangings of textile, non-woven fabrics (textiles), protective covers for furniture, cushions (except cushions for medical and heating purposes), cushion covers, furniture coverings of textile, bed covers, table covers, curtain rods and rings, curtain hooks, rollers, tie-backs, curtain rails, curtain bars of metal, end-pieces and brackets for curtain bars not of metal, door handles not of metal and knobs for furniture not of metal, lace and embroidery, ribbons, cords for curtains, curtain holders not of textile, carpets and rugs, picture frames, pictures, stickers, mirrors, works of art of wood, plaster or plastic, mobiles (decorative objects), boxes, bins of wood or of plastic, candles, candelabra, pottery, vases (not of precious metal), pots, covers for pots (not of paper), statues and statuettes of porcelain, terra-cotta or glass, fountains, dried flowers for decoration, lamps, lampshades, lampshade holders, paints and lacquers, colorants, varnishes, surface coatings, goods for exterior decoration of the home, namely terraces, decking, parasols, pottery, pots, basins (for plants), covers for pots (not of paper), window boxes, decorative bowls, troughs, statues and statuettes of stone, concrete or terra-cotta, fountains and pools, plant supports, lamps, trellises, arches, garden and gardening goods, namely garden sheds, summerhouses, bandstands, garages, car ports, log shelters, trellises, hoops, casings for containers, gutters, solar lamps for shelters, lamps, blinds, garden fences, pergolas, awnings and tarpaulins for pergolas, greenhouses, verandas, cultivation tunnels, cultivation roofs, protective netting, extensions for roofs, sets of shades for terrace roofs, sets of curtains for terrace roofs, shelves, shutters for greenhouses, chests for storage purposes, shredders of vegetable matter, composters, blowers, motorised hoes and motorised cultivators, chainsaws, brush cutters and edge trimmers, log splitters, water collectors, vats, hosepipes and reels, grains and agricultural, horticultural and forestry products (neither prepared nor processed), grains (seeds), live plants and natural flowers, plant material, unprocessed bark, unprocessed wood, dried flowers for decoration, preparations for destroying noxious plants, moss inhibitors, fungicides, bactericides, insecticides, mouse poison, rat poison, algicides, parasiticides, natural and artificial manures, compost, manure, peat (fertiliser), soil amendments, topsoil, chemicals used in agriculture, horticulture and forestry, lawnmowers (machines), spraying machines, gardening tools, hoe-forks, hoes, clawed tools, forks, rakes, spades (hand tools), draining spades, shovels, pickaxes, scarifiers, sowers (tools), spreaders (tools), ventilators, lawn rollers, edge cutters, hand-operated lawn mowers, hedge trimmers, shears (scissors), secateurs, pruners, pruning shears, bill-hooks, axes, grafting tools (hand tools), insecticide sprayers (hand tools), lawn rakes, wheelbarrows, sack-barrows, garden trolleys, aprons, clothing for DIY and gardening, boots and shoes (not for medical purposes), plant supports, gardening gloves, brooms, refuse bins, boot jacks, fly catchers, insect traps, sprinklers, nozzles for sprinklers, watering apparatus, watering cans, hose guide systems, buckets, goods for outdoor activities, namely porticos, toboggans, apparatus, swings, basketball hoops, swimming pools, spas, jacuzzis, sandboxes, playhouses, exercise bars, climbing nets, playgrounds, huts of wood, trampolines, outdoor games, fishing creels, camping equipment, small and large household electrical appliances, namely refrigerators, freezers, wine cabinets, dishwashers, cookers, hobs, extractor hoods for kitchens, electric cooking utensils, ovens, rotisseries, microwave ovens, coffee pots, coffee grinders, electric coffee percolators, kettles, multifunctional food processors, beaters, mixers, choppers, electric heaters for feeding bottles, centrifuges, fruit presses, draught beer machines, tin openers, electric knives, electric blenders, electric whisks for household purposes, meat mincers, pressure cookers, food steamers, hot plates and cooking rings, slow cookers, woks, electric deep fryers, yoghurt makers, vessels of metal for making ices and iced drinks, hot chocolate machines, popcorn machines, electric barbecues, electric cold boxes, machines for making beverages, apparatus for slicing foodstuffs, apparatus for making and slicing bread, toasters, waffle machines, toasted sandwich makers, pancake makers, fondue sets, raclette sets, pizza makers, stones for cooking, machines for making pasta, grills, household mixers, sewing machines, washing machines for laundry, tumble dryers for laundry, steam units, irons, electric toothbrushes, hairdryers, curling and straightening tongs, heated brushes, epilators, manicure and pedicure apparatus, electric razors, beard and hair clippers, electrostimulators, massage cushions, vacuum cleaners, steam cleaners, parquet wax-polishers, electric machines and apparatus for carpet shampooing, electric and oil-filled radiators, electric fans for personal use, air conditioners, heating apparatus, fan heaters, radiator panels, air purification units, interior furnishings for the home, namely furniture, furniture used for storage, television furniture, computer furniture, office furniture, school furniture, plate racks, chests, sideboards, chiffoniers, jam pots, feed stores, bonneti?re cupboards, chests of drawers, bars, bottle racks, screens (furniture), vase holders, plant stand tables, units, stepped furniture units, desks, bookcases, filing cabinets, writing desks, cupboards, tables, chairs, benches, footstools, armchairs, pouffes, shelves, stepped shelving units, showcases (furniture), grandfather clocks, coat stands on feet, umbrella stands, magazine racks, laundry baskets, towel dryers and towel holders, shower cubicles, bathtubs, toilets, bath screens, washbasins and wash-hand bowls, medicine cabinets, beds, bed frames, headboards, drawers for beds, bedside tables, boxes for playthings, walk-in wardrobes, dressing tables, mattresses, mattress protectors, spring mattresses, pillows, bolsters, cushions, lamps, wood-burning stoves, mirrors, picture frames, pictures, goods for home exteriors, namely garden furniture, seating units, sofas, armchairs, chairs, benches, tables, tea trolleys, deckchairs, sun loungers, recliners, swinging seats, trestles (furniture), flower-pot pedestals, straw mattresses, flower-stands (furniture), parasols, arbours, chests for storage purposes, bars, barbecues, covers for barbecues, lighting, household or kitchen utensils and containers, linen, fabrics and textiles, small items of metal hardware, DIY goods, tools, goods for cars, namely anti-theft devices for vehicles, horns for vehicles, luggage carriers for vehicles, lighting, articles for cleaning purposes, industrial oils and greases, candles and wicks for lighting, safety seats for children (for vehicles), sun-blinds adapted for automobiles, safety beds for children (for vehicles), safety belts and harnesses for seats and safety beds for children (for vehicles), brake linings for vehicles, rear-view mirrors, goods for bicycles, namely anti-theft devices, horns, luggage carriers, dress guards for bicycles, brakes for bicycles, pumps for bicycles, saddles for bicycles, saddle covers for bicycles, bells for bicycles, mudguards, adhesive rubber patches for repairing inner tubes, repair outfits for inner tubes, clothing, footwear, headgear, luggage, leatherware, foodstuffs and beverages, hygiene and beauty preparations, namely soaps, bath salts, shampoos, conditioners, hair lotions, dentifrices, mouth washes (not for medical purposes), shaving preparations, depilatory preparations, deodorants for personal use, cotton wool, cotton swabs, cleansing milk for toilet purposes, cosmetic skin care preparations, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, talcum powder for toilet use, eaux de toilette, scented water, wipes impregnated with cosmetic lotions, sunscreen preparations, cotton wool sticks for cosmetic purposes, cotton wool for cosmetic purposes, food for babies, cold sterilisation tablets for babies' feeding bottles, preparations for facilitating teething, cotton for medical purposes, compresses, mixers, electric fruit presses for household use, weighing apparatus, thermometers not for medical purposes (for the bath), electric monitoring apparatus, covers for electric outlets, protection devices for personal use against accidents, nets for protection against accidents, warning triangles for babies, sunglasses, draw-sheets for sick beds, feeding bottles, dummies (teats) for babies, dummy clips, teats for feeding bottles, feeding bottle valves, spoons and bottles for medicines, baby nose blowers, umbilical dressings, ear picks, thermometers for medical purposes, rings for soothing purposes or for facilitating teething, changing mats for medical purposes, bathtubs, electric heaters for feeding bottles, nightlights for children (lamps), sterilisers for feeding bottles, prams, bouncers, safety seats for children (for vehicles), prams, pram covers, pram hoods, pushchairs, pushchair hoods, protective covers, safety beds for children (for vehicles), safety belts and harnesses for safety seats and beds for children (for vehicles), bibs of paper, disposable nappies and nappy-pants of paper or cellulose, infant carriers (with wheels) for the back or chest, baby carriers of textile, parasols, travelling sets (leatherware), vanity cases (not fitted), sling bags for carrying infants, baby carriers, toiletries bags, cots, high chairs for children, beds for children, bed surrounds, baby baskets, mattresses, tables and units for baby changing purposes, chests of drawers, cupboards, boxes (not of metal), chests (furniture), pillows, cushions, cots, seats, folding seats, swing seats, wheeled seats, holders for clothing (furniture), feeding bottle racks, baby walkers, boxes for playthings, foldable beds, transportable beds, transportable beds for children (of textile) in the form of bags, baskets (not of metal), baskets of wicker, deckchairs for children, hangers for clothing, door stops not of metal, cupboards and drawers, gates designed to be placed within door frames or at the top or bottom of staircases in order to restrict access and/or secure a given area, playpens for babies protectors (not of metal) for table corners, mobiles (decorative objects), wind chimes (decoration), clothes hooks (not of metal), combs and brushes for cleaning feeding bottles (bottle-brushes), cleaning brushes for feeding bottles, toiletry sponges, isothermic bags (for keeping feeding bottles warm), thermally insulated containers for foodstuffs, portable baby baths, non-electric heaters for feeding bottles, vacuum bottles, non-electric kitchen mixers, chamber pots, toothbrushes, mugs (not of precious metal), plates to prevent milk boiling over, bath linen (except clothing), bed linen, linen sets for cots, for prams and for beds, towels and washcloths, bed covers, mosquito nets, clothing, footwear, headgear for babies and children, bibs (not of paper), bibs of plastic, nappy-pants, nappies of textile, layettes, babies' nappies of textile, dressing gowns, playthings for the bath, educational games, musical mobiles (playthings), play mats (playthings), rattles (playthings), soft toys (playthings), jigsaw puzzles, dolls, accessories and clothing for dolls, vehicles (playthings), parapharmaceuticals, namely face and body care preparations, dermatological care preparations, hair care preparations, baby care preparations, toiletries, make-up, dietetic substances and food supplements, sun-tanning preparations, jewellery, horological instruments, goods for animals, namely soaps, shampoos and lotions as animal toiletries, shampoos, lotions and antiparasitic collars for animals, disinfectants for medical or sanitary purposes (other than soaps), foodstuffs for animals, strengthening foodstuffs, beverages for pets, forage, preparations for destroying vermin, cushions for animals, birdcages, kennels and cages for animals, rabbit hutches, chicken coops, aviaries, cages for rodents, horse boxes, leads, muzzles, animal harnesses, aquaria, litter trays, gravel for litter trays and for aquaria, combs and sponges, brushes (except paint brushes), troughs for animals, clothing for animals, baskets for transporting animals, playthings and play accessories for animals, traps for wild animals, is included in the broad category of the opponent’s business administration. These services are identical.
The contested bringing together, for others, of a variety of multimedia goods (excluding the transport thereof), namely televisions (liquid crystal displays (LCDs), plasma, cathode ray tube), players-recorders, speakers, netbooks, digital cameras, digital photograph frames, digital camcorders, compact discs and CD-ROMs, digital video discs (digital versatile discs (DVDs)), high density digital versatile discs (HD-DVDs), high-definition digital discs, portable players and readers (personal stereos), car radios, converters, encoders, recorders, writers, keypads, digital game software, game consoles designed for use with television receivers only, mobile telephones, cordless telephones, central processing units, monitors, laser printers, multifunction printers, ink-jet printers, hard disks, USB keys, memory cards, floppy disks, clock radios, hi-fi systems, turntables, namely apparatus for transmission, reproduction or processing of sound, amplifiers, digital video disc (digital versatile disc (DVD)) players, tuners, speakers, hi-fi systems and amplifiers for home cinema systems, plasma screens, video projectors, computer software, films, global positioning (GPS), computer, audio-visual, telephony, music and photography systems, printed matter, stationery, books, goods for artistic and cultural activities, namely paints, colorants, varnishes, lacquers, paper and cardboard (unprocessed, semi-processed or for stationery or printing), school supplies, writing materials, writing instruments, drawing materials, drawing instruments, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional or teaching material (except apparatus), modelling materials, materials for modelling, ink pads, stencil plates, transfers, bookbinding material, photographs, adhesives for stationery or household purposes, plastic materials for packaging, namely bags, sachets, envelopes and pouches (of plastic) for packaging, oilcloth of plastic for wrapping or packaging, printers' type, printing blocks, albums, musical greetings cards, announcement cards (stationery), table linen (of paper), games and playthings, gymnastic and sporting articles, goods for maintaining the home, namely sponges, abrasives, mops, cloths for cleaning, brooms, scrub brushes, laundry preparations, soaps, multipurpose cleaners, detergents, stain removers, scouring solutions, potassium hypochloride, disinfectants, deodorants (other than for personal use), moisture absorbers, waxes, polish for furniture and flooring, goods for renovating the home, namely paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists, paints, thinners, thickeners, colorants, coatings, casts, mastic, goods for interior decoration of the home, namely textiles and textile goods, not included in other classes, namely bath linen (except clothing), bed linen, household linen, table linen (of textile), net curtains, curtains of textile or plastic, blinds of textile, wall hangings of textile, non-woven fabrics (textiles), protective covers for furniture, cushions (except cushions for medical and heating purposes), cushion covers, furniture coverings of textile, bed covers, table covers, curtain rods and rings, curtain hooks, rollers, tie-backs, curtain rails, curtain bars of metal, end-pieces and brackets for curtain bars not of metal, door handles not of metal and knobs for furniture not of metal, lace and embroidery, ribbons, cords for curtains, curtain holders not of textile, carpets and rugs, picture frames, pictures, stickers, mirrors, works of art of wood, plaster or plastic, mobiles (decorative objects), boxes, bins of wood or of plastic, candles, candelabra, pottery, vases (not of precious metal), pots, covers for pots (not of paper), statues and statuettes of porcelain, terra-cotta or glass, fountains, dried flowers for decoration, lamps, lampshades, lampshade holders, paints and lacquers, colorants, varnishes, surface coatings, goods for exterior decoration of the home, namely terraces, decking, parasols, pottery, pots, basins (for plants), covers for pots (not of paper), window boxes, decorative bowls, troughs, statues and statuettes of stone, concrete or terra-cotta, fountains and pools, plant supports, lamps, trellises, arches, garden and gardening goods, namely garden sheds, summerhouses, bandstands, garages, car ports, log shelters, trellises, hoops, casings for containers, gutters, solar lamps for shelters, lamps, blinds, garden fences, pergolas, awnings and tarpaulins for pergolas, greenhouses, verandas, cultivation tunnels, cultivation roofs, protective netting, extensions for roofs, sets of shades for terrace roofs, sets of curtains for terrace roofs, shelves, shutters for greenhouses, chests for storage purposes, shredders of vegetable matter, composters, blowers, motorised hoes and motorised cultivators, chainsaws, brush cutters and edge trimmers, log splitters, water collectors, vats, hosepipes and reels, grains and agricultural, horticultural and forestry products (neither prepared nor processed), grains (seeds), live plants and natural flowers, plant material, unprocessed bark, unprocessed wood, dried flowers for decoration, preparations for destroying noxious plants, moss inhibitors, fungicides, bactericides, insecticides, mouse poison, rat poison, algicides, parasiticides, natural and artificial manures, compost, manure, peat (fertiliser), soil amendments, topsoil, chemicals used in agriculture, horticulture and forestry, lawnmowers (machines), spraying machines, gardening tools, hoe-forks, hoes, clawed tools, forks, rakes, spades (hand tools), draining spades, shovels, pickaxes, scarifiers, sowers (tools), spreaders (tools), ventilators, lawn rollers, edge cutters, hand-operated lawn mowers, hedge trimmers, shears (scissors), secateurs, pruners, pruning shears, bill-hooks, axes, grafting tools (hand tools), insecticide sprayers (hand tools), lawn rakes, wheelbarrows, sack-barrows, garden trolleys, aprons, clothing for DIY and gardening, boots and shoes (not for medical purposes), plant supports, gardening gloves, brooms, refuse bins, boot jacks, fly catchers, insect traps, sprinklers, nozzles for sprinklers, watering apparatus, watering cans, hose guide systems, buckets, goods for outdoor activities, namely porticos, toboggans, apparatus, swings, basketball hoops, swimming pools, spas, jacuzzis, sandboxes, playhouses, exercise bars, climbing nets, playgrounds, huts of wood, trampolines, outdoor games, fishing creels, camping equipment, small and large household electrical appliances, namely refrigerators, freezers, wine cabinets, dishwashers, cookers, hobs, extractor hoods for kitchens, electric cooking utensils, ovens, rotisseries, microwave ovens, coffee pots, coffee grinders, electric coffee percolators, kettles, multifunctional food processors, beaters, mixers, choppers, electric heaters for feeding bottles, centrifuges, fruit presses, draught beer machines, tin openers, electric knives, electric blenders, electric whisks for household purposes, meat mincers, pressure cookers, food steamers, hot plates and cooking rings, slow cookers, woks, electric deep fryers, yoghurt makers, vessels of metal for making ices and iced drinks, hot chocolate machines, popcorn machines, electric barbecues, electric cold boxes, machines for making beverages, apparatus for slicing foodstuffs, apparatus for making and slicing bread, toasters, waffle machines, toasted sandwich makers, pancake makers, fondue sets, raclette sets, pizza makers, stones for cooking, machines for making pasta, grills, household mixers, sewing machines, washing machines for laundry, tumble dryers for laundry, steam units, irons, electric toothbrushes, hairdryers, curling and straightening tongs, heated brushes, epilators, manicure and pedicure apparatus, electric razors, beard and hair clippers, electrostimulators, massage cushions, vacuum cleaners, steam cleaners, parquet wax-polishers, electric machines and apparatus for carpet shampooing, electric and oil-filled radiators, electric fans for personal use, air conditioners, heating apparatus, fan heaters, radiator panels, air purification units, interior furnishings for the home, namely furniture, furniture used for storage, television furniture, computer furniture, office furniture, school furniture, plate racks, chests, sideboards, chiffoniers, jam pots, feed stores, bonneti?re cupboards, chests of drawers, bars, bottle racks, screens (furniture), vase holders, plant stand tables, units, stepped furniture units, desks, bookcases, filing cabinets, writing desks, cupboards, tables, chairs, benches, footstools, armchairs, pouffes, shelves, stepped shelving units, showcases (furniture), grandfather clocks, coat stands on feet, umbrella stands, magazine racks, laundry baskets, towel dryers and towel holders, shower cubicles, bathtubs, toilets, bath screens, washbasins and wash-hand bowls, medicine cabinets, beds, bed frames, headboards, drawers for beds, bedside tables, boxes for playthings, walk-in wardrobes, dressing tables, mattresses, mattress protectors, spring mattresses, pillows, bolsters, cushions, lamps, wood-burning stoves, mirrors, picture frames, pictures, goods for home exteriors, namely garden furniture, seating units, sofas, armchairs, chairs, benches, tables, tea trolleys, deckchairs, sun loungers, recliners, swinging seats, trestles (furniture), flower-pot pedestals, straw mattresses, flower-stands (furniture), parasols, arbours, chests for storage purposes, bars, barbecues, covers for barbecues, lighting, household or kitchen utensils and containers, linen, fabrics and textiles, small items of metal hardware, DIY goods, tools, goods for cars, namely anti-theft devices for vehicles, horns for vehicles, luggage carriers for vehicles, lighting, articles for cleaning purposes, industrial oils and greases, candles and wicks for lighting, safety seats for children (for vehicles), sun-blinds adapted for automobiles, safety beds for children (for vehicles), safety belts and harnesses for seats and safety beds for children (for vehicles), brake linings for vehicles, rear-view mirrors, goods for bicycles, namely anti-theft devices, horns, luggage carriers, dress guards for bicycles, brakes for bicycles, pumps for bicycles, saddles for bicycles, saddle covers for bicycles, bells for bicycles, mudguards, adhesive rubber patches for repairing inner tubes, repair outfits for inner tubes, clothing, footwear, headgear, luggage, leatherware, foodstuffs and beverages, hygiene and beauty preparations, namely soaps, bath salts, shampoos, conditioners, hair lotions, dentifrices, mouth washes (not for medical purposes), shaving preparations, depilatory preparations, deodorants for personal use, cotton wool, cotton swabs, cleansing milk for toilet purposes, cosmetic skin care preparations, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, talcum powder for toilet use, eaux de toilette, scented water, wipes impregnated with cosmetic lotions, sunscreen preparations, cotton wool sticks for cosmetic purposes, cotton wool for cosmetic purposes, food for babies, cold sterilisation tablets for babies' feeding bottles, preparations for facilitating teething, cotton for medical purposes, compresses, mixers electric fruit presses for household use, weighing apparatus, thermometers not for medical purposes (for the bath), electric monitoring apparatus, covers for electric outlets, protection devices for personal use against accidents, nets for protection against accidents, warning triangles for babies, sunglasses, draw-sheets for sick beds, feeding bottles, dummies (teats) for babies, dummy clips, teats for feeding bottles, feeding bottle valves, spoons and bottles for medicines, baby nose blowers, umbilical dressings, ear picks, thermometers for medical purposes, rings for soothing purposes or for facilitating teething, changing mats for medical purposes, bathtubs, electric heaters for feeding bottles, nightlights for children (lamps), sterilisers for feeding bottles, prams, bouncers, safety seats for children (for vehicles), prams, pram covers, pram hoods, pushchairs, pushchair hoods, protective covers, safety beds for children (for vehicles), safety belts and harnesses for safety seats and beds for children (for vehicles), bibs of paper, disposable nappies and nappy-pants of paper or cellulose, infant carriers (with wheels) for the back or chest, baby carriers of textile, parasols, travelling sets (leatherware), vanity cases (not fitted), sling bags for carrying infants, baby carriers, toiletries bags, cots, high chairs for children, beds for children, bed surrounds, baby baskets, mattresses, tables and units for baby changing purposes, chests of drawers, cupboards, boxes (not of metal), chests (furniture), pillows, cushions, cots, seats, folding seats, swing seats, wheeled seats, holders for clothing (furniture), feeding bottle racks, baby walkers, boxes for playthings, foldable beds, transportable beds, transportable beds for children (of textile) in the form of bags, baskets (not of metal), baskets of wicker, deckchairs for children, hangers for clothing, door stops not of metal, cupboards and drawers, gates designed to be placed within door frames or at the top or bottom of staircases in order to restrict access and/or secure a given area, playpens for babies, protectors (not of metal) for table corners, mobiles (decorative objects), wind chimes (decoration), clothes hooks (not of metal), combs and brushes for cleaning feeding bottles (bottle-brushes), cleaning brushes for feeding bottles, toiletry sponges, isothermic bags (for keeping feeding bottles warm), thermally insulated containers for foodstuffs, portable baby baths, non-electric heaters for feeding bottles, vacuum bottles, non-electric kitchen mixers, chamber pots, toothbrushes, mugs (not of precious metal), plates to prevent milk boiling over, bath linen (except clothing), bed linen, linen sets for cots, for prams and for beds, towels and washcloths, bed covers, mosquito nets, clothing, footwear, headgear for babies and children, bibs (not of paper), bibs of plastic, nappy-pants, nappies of textile, layettes, babies' nappies of textile, dressing gowns, playthings for the bath, educational games, musical mobiles (playthings), play mats (playthings), rattles (playthings), soft toys (playthings), jigsaw puzzles, dolls, accessories and clothing for dolls, vehicles (playthings), parapharmaceuticals, namely face and body care preparations, dermatological care preparations, hair care preparations, baby care preparations, toiletries, make-up, dietetic substances and food supplements, sun-tanning preparations, jewellery, horological instruments, goods for animals, namely soaps, shampoos and lotions as animal toiletries, shampoos, lotions and antiparasitic collars for animals, disinfectants for medical or sanitary purposes (other than soaps), foodstuffs for animals, strengthening foodstuffs, beverages for pets, forage, preparations for destroying vermin, cushions for animals, birdcages, kennels and cages for animals, rabbit hutches, chicken coops, aviaries, cages for rodents, horse boxes, leads, muzzles, animal harnesses, aquaria, litter trays, gravel for litter trays and for aquaria, combs and sponges, brushes (except paint brushes), troughs for animals, clothing for animals, baskets for transporting animals, playthings and play accessories for animals, traps for wild animals, enabling customers to conveniently view, select and purchase those goods from local businesses, including in shops; retailing of multimedia goods, namely televisions (liquid crystal displays (lcds), plasma, cathode ray tube), players-recorders, speakers, netbooks, digital cameras, digital photograph frames, digital camcorders, compact discs and CD-ROMs, digital video discs (digital versatile discs (DVDs)), high density digital versatile discs (HD-DVDs), high definition digital discs, portable players and readers (personal stereos), car radios, converters, encoders, recorders, writers, keypads, digital game software, game consoles designed for use with television receivers only, mobile telephones, cordless telephones, central processing units, monitors, laser printers, multifunction printers, ink-jet printers, hard disks, USB keys, memory cards, floppy disks, clock radios, hi-fi systems, turntables, namely apparatus for transmission, reproduction or processing of sound, amplifiers, digital video disc (digital versatile disc (DVD)) players, tuners, speakers, hi-fi systems and amplifiers for home cinema systems, plasma screens, video projectors, computer software, films, global positioning (GPS), computer, audio-visual, telephony, music and photography systems, printed matter, stationery, books, goods for artistic and cultural activities, namely paints, colorants, varnishes, lacquers, paper and cardboard (unprocessed, semi-processed or for stationery or printing), school supplies, writing materials, writing instruments, drawing materials, drawing instruments, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional or teaching material (except apparatus), modelling materials, materials for modelling, ink pads, stencil plates, transfers, bookbinding material, photographs, adhesives for stationery or household purposes, plastic materials for packaging, namely bags, sachets, envelopes and pouches (of plastic) for packaging, plastic bubble packs for wrapping or packaging, printers' type, printing blocks, albums, musical greetings cards, announcement cards (stationery), table linen (of paper), games and playthings, gymnastic and sporting articles, goods for maintaining the home, in particular sponges, abrasives, mops, cloths for cleaning, brooms, scrub brushes, laundry preparations, soaps, multipurpose cleaners, detergents, stain removers, scouring solutions, bleach, disinfectants, deodorants (other than for personal use), moisture absorbers, waxes, polish for furniture and flooring, goods for renovating the home, namely paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists, paints, thinners, thickeners, colorants, coatings, casts, mastic, goods for interior decoration of the home, namely textiles and textile goods, not included in other classes, namely bath linen (except clothing), bed linen, household linen, table linen (of textile), net curtains, curtains of textile or plastic, blinds of textile, wall hangings of textile, non-woven fabrics (textiles), protective covers for furniture, cushions (except cushions for medical and heating purposes), cushion covers, furniture coverings of textile, bed covers, table covers, curtain rods and rings, curtain hooks, rollers, tie-backs, curtain rails, curtain bars of metal, end-pieces and brackets for curtain bars not of metal, door handles not of metal and knobs for furniture not of metal, lace and embroidery, ribbons, cords for curtains, curtain holders not of textile, carpets and rugs, picture frames, pictures, stickers, mirrors, works of art of wood, plaster or plastic, mobiles (decorative objects), boxes, bins of wood or of plastic, candles, candelabra, pottery, vases (not of precious metal), pots, covers for pots (not of paper), statues and statuettes of porcelain, terra-cotta or glass, fountains, dried flowers for decoration, lamps, lampshades, lampshade holders, paints and lacquers, colorants, varnishes, surface coatings, goods for exterior decoration of the home, namely terraces, decking, parasols, pottery, pots, basins (for plants), covers for pots (not of paper), window boxes, decorative bowls, troughs, statues and statuettes of stone, concrete or terra-cotta, fountains and pools, plant supports, lamps, trellises, arches, garden and gardening goods, namely garden sheds, summerhouses, bandstands, garages, car ports, log shelters, trellises, hoops, casings for containers, gutters, solar lamps for shelters, lamps, blinds, garden fences, pergolas, awnings and tarpaulins for pergolas, greenhouses, verandas, cultivation tunnels, cultivation roofs, protective netting, extensions for roofs, sets of shades for terrace roofs, sets of curtains for terrace roofs, shelves, shutters for greenhouses, chests for storage purposes, shredders of vegetable matter, composters, blowers, motorised hoes and motorised cultivators, chainsaws, brush cutters and edge trimmers, log splitters, water collectors, vats, hosepipes and reels, grains and agricultural, horticultural and forestry products (neither prepared nor processed), grains (seeds), live plants and natural flowers, plant material, unprocessed bark, unprocessed wood, dried flowers for decoration, preparations for destroying noxious plants, moss inhibitors, fungicides, bactericides, insecticides, mouse poison, rat poison, algicides, parasiticides, natural and artificial manures, compost, manure, peat (fertiliser), soil amendments, topsoil, chemicals used in agriculture, horticulture and forestry, lawnmowers (machines), spraying machines, gardening tools, hoe-forks, hoes, clawed tools, forks, rakes, spades (hand tools), draining spades, shovels, pickaxes, scarifiers, sowers (tools), spreaders (tools), ventilators, lawn rollers, edge cutters, hand-operated lawn mowers, hedge trimmers, shears (scissors), secateurs, pruners, pruning shears, bill-hooks, axes, grafting tools (hand tools), insecticide sprayers (hand tools), lawn rakes, wheelbarrows, sack-barrows, garden trolleys, aprons, clothing for DIY and gardening, boots and shoes (not for medical purposes), plant supports, gardening gloves, brooms, refuse bins, boot jacks, fly catchers, insect traps, sprinklers, nozzles for sprinklers, watering apparatus, watering cans, hose guide systems, buckets, goods for outdoor activities, namely porticos, toboggans, apparatus, swings, basketball hoops, swimming pools, spas, jacuzzis, sandboxes, playhouses, exercise bars, climbing nets, playgrounds, huts of wood, trampolines, outdoor games, fishing creels, camping equipment, small and large household electrical appliances, namely refrigerators, freezers, wine cabinets, dishwashers, cookers, hobs, extractor hoods for kitchens, electric cooking utensils, ovens, rotisseries, microwave ovens, coffee pots, coffee grinders, electric coffee percolators, kettles, multifunctional food processors, beaters, mixers, choppers, electric heaters for feeding bottles, centrifuges, fruit presses, draught beer machines, tin openers, electric knives, electric blenders, electric whisks for household purposes, meat mincers, pressure cookers, food steamers, hot plates and cooking rings, slow cookers, woks, electric deep fryers, yoghurt makers, vessels of metal for making ices and iced drinks, hot chocolate machines, popcorn machines, electric barbecues, electric cold boxes, machines for making beverages, apparatus for slicing foodstuffs, apparatus for making and slicing bread, toasters, waffle machines, toasted sandwich makers, pancake makers, fondue sets, raclette sets, pizza makers, stones for cooking, machines for making pasta, grills, household mixers, sewing machines, washing machines for laundry, tumble dryers for laundry, steam units, irons, electric toothbrushes, hairdryers, curling and straightening tongs, heated brushes, epilators, manicure and pedicure apparatus, electric razors, beard and hair clippers, electrostimulators, massage cushions, vacuum cleaners, steam cleaners, parquet wax-polishers, electric machines and apparatus for carpet shampooing, electric and oil-filled radiators, electric fans for personal use, air conditioners, heating apparatus, fan heaters, radiator panels, air purification units, interior furnishings for the home, namely furniture, furniture used for storage, television furniture, computer furniture, office furniture, school furniture, plate racks, chests, sideboards, chiffoniers, jam pots, feed stores, bonneti?re cupboards, chests of drawers, bars, bottle racks, screens (furniture), vase holders, plant stand tables, units, stepped furniture units, desks, bookcases, filing cabinets, writing desks, cupboards, tables, chairs, benches, footstools, armchairs, pouffes, shelves, stepped shelving units, showcases (furniture), grandfather clocks, coat stands on feet, umbrella stands, magazine racks, laundry baskets, towel dryers and towel holders, shower cubicles, bathtubs, toilets, bath screens, washbasins and wash-hand bowls, medicine cabinets, beds, bed frames, headboards, drawers for beds, bedside tables, boxes for playthings, walk-in wardrobes, dressing tables, mattresses, mattress protectors, spring mattresses, pillows, bolsters, cushions, lamps, wood-burning stoves, mirrors, picture frames, pictures, goods for home exteriors, namely garden furniture, seating units, sofas, armchairs, chairs, benches, tables, tea trolleys, deckchairs, sun loungers, recliners, swinging seats, trestles (furniture), flower-pot pedestals, straw mattresses, flower-stands (furniture), parasols, arbours, chests for storage purposes, bars, barbecues, covers for barbecues, lighting, household or kitchen utensils and containers, linen, fabrics and textiles, small items of metal hardware, DIY goods, tools, goods for cars, namely anti-theft devices for vehicles, horns for vehicles, luggage carriers for vehicles, lighting, articles for cleaning purposes, industrial oils and greases, candles and wicks for lighting, safety seats for children (for vehicles), sun-blinds adapted for automobiles, safety beds for children (for vehicles), safety belts and harnesses for seats and safety beds for children (for vehicles), brake linings for vehicles, rear-view mirrors, goods for bicycles, namely anti-theft devices, horns, luggage carriers, dress guards for bicycles, brakes for bicycles, pumps for bicycles, saddles for bicycles, saddle covers for bicycles, bells for bicycles, mudguards, adhesive rubber patches for repairing inner tubes, repair outfits for inner tubes, clothing, footwear, headgear, luggage, leatherware, foodstuffs and beverages, hygiene and beauty preparations, namely soaps, bath salts, shampoos, conditioners, hair lotions, dentifrices, mouth washes (not for medical purposes), shaving preparations, depilatory preparations, deodorants for personal use, cotton wool, cotton swabs, cleansing milk for toilet purposes, cosmetic skin care preparations, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, beauty masks, hair dyes, cosmetics, make-up, make-up removing preparations, pumice stones, eaux de toilette, scented water, perfumery, essential oils, sunscreen preparations, childcare goods, namely preparations and milks for toilet purposes, soaps, shampoos, cosmetic creams, talcum powder for toilet use, eaux de toilette, scented water, wipes impregnated with cosmetic lotions, sunscreen preparations, cotton wool sticks for cosmetic purposes, cotton wool for cosmetic purposes, food for babies, cold sterilisation tablets for babies' feeding bottles, preparations for facilitating teething, cotton for medical purposes, compresses, mixers, electric fruit presses for household use, weighing apparatus, thermometers not for medical purposes (for the bath), electric monitoring apparatus, covers for electric outlets, protection devices for personal use against accidents, nets for protection against accidents, warning triangles for babies, sunglasses, draw-sheets for sick beds, feeding bottles, dummies (teats) for babies, dummy clips, teats for feeding bottles, feeding bottle valves, spoons and bottles for medicines, baby nose blowers, umbilical dressings, ear picks, thermometers for medical purposes, rings for soothing purposes or for facilitating teething, changing mats for medical purposes, bathtubs, electric heaters for feeding bottles, nightlights for children (lamps), sterilisers for feeding bottles, prams, bouncers, safety seats for children (for vehicles), prams, pram covers, pram hoods, pushchairs, pushchair hoods, protective covers, safety beds for children (for vehicles), safety belts and harnesses for safety seats and beds for children (for vehicles), bibs of paper, disposable nappies and nappy-pants of paper or cellulose, infant carriers (with wheels) for the back or chest, baby carriers of textile, parasols, travelling sets (leatherware), vanity cases (not fitted), sling bags for carrying infants, baby carriers, toiletries bags, cots, high chairs for children, beds for children, bed surrounds, baby baskets, mattresses, tables and units for baby changing purposes, chests of drawers, cupboards, boxes (not of metal), chests (furniture), pillows, cushions, cots, seats, folding seats, swing seats, wheeled seats, holders for clothing (furniture), feeding bottle racks, baby walkers, boxes for playthings, foldable beds, transportable beds, transportable beds for children (of textile) in the form of bags, baskets (not of metal), baskets of wicker, deckchairs for children, hangers for clothing, door stops not of metal, cupboards and drawers, gates designed to be placed within door frames or at the top or bottom of staircases in order to restrict access and/or secure a given area, playpens for babies, protectors (not of metal) for table corners, mobiles (decorative objects), wind chimes (decoration) clothes hooks (not of metal), combs and brushes for cleaning feeding bottles (bottle-brushes), cleaning brushes for feeding bottles, toiletry sponges, isothermic bags (for keeping feeding bottles warm), thermally insulated containers for foodstuffs, portable baby baths, non-electric heaters for feeding bottles, vacuum bottles, non-electric kitchen mixers, chamber pots, toothbrushes, mugs (not of precious metal), plates to prevent milk boiling over, bath linen (except clothing), bed linen, linen sets for cots, for prams and for beds, towels and washcloths, bed covers, mosquito nets, clothing, footwear, headgear for babies and children, bibs (not of paper), bibs of plastic, nappy-pants, nappies of textile, layettes, babies' nappies of textile, dressing gowns, playthings for the bath, educational games, musical mobiles (playthings), play mats (playthings), rattles (playthings), soft toys (playthings), jigsaw puzzles, dolls, accessories and clothing for dolls, vehicles (playthings), parapharmaceuticals, namely face and body care preparations, dermatological care preparations, hair care preparations, baby care preparations, toiletries, make-up, dietetic substances and food supplements, sun-tanning preparations, jewellery, horological instruments, goods for animals, namely soaps, shampoos and lotions as animal toiletries, shampoos, lotions and antiparasitic collars for animals, disinfectants for medical or sanitary purposes (other than soaps), foodstuffs for animals, strengthening foodstuffs, beverages for pets, forage, preparations for destroying vermin, cushions for animals, birdcages, kennels and cages for animals, rabbit hutches, chicken coops, aviaries, cages for rodents, horse boxes, leads, muzzles, animal harnesses, aquaria, litter trays, gravel for litter trays and for aquaria, combs and sponges, brushes (except paint brushes), troughs for animals, clothing for animals, baskets for transporting animals, playthings and play accessories for animals, traps for wild animals are at least similar to a low degree to the opponent’s retail sale and wholesale in supermarkets, including the sale of food and non-food products, hygiene articles, cosmetics products, dietetic products, workshop equipment, do-it-yourself articles, decorative articles, stationery and school articles, furniture, household and kitchen products, household and kitchen appliances and utensils, bags and travelling articles, food and accessories for animals, beverages, clothing articles and fashion accessories. This conclusion may be drawn bearing in mind the fact that the retail services under comparison share the same nature and, in any event, the same purpose of allowing consumers to conveniently satisfy different needs, as well as the same method of use. Furthermore, since the opponent’s retail services are concretised as retail in supermarkets, it cannot be excluded that the services in question may also share the same distribution channels to the extent that they coincide in the retail spots of providing the relevant services, namely in supermarkets.
The contested organisation of exhibitions, trade fairs or events for commercial or a advertising purposes are similar to a low degree to the opponent’s advertising and informative advertising, also via the internet, production and design of advertising matter of all kinds, as these services may have the same purpose of advertising and may target the same relevant publics. It cannot be excluded that they may coincide in the companies that render them.
The contested auctioneering is similar to a low degree to the opponent’s retail sale, including of clothing articles and fashion accessories. All those services relate to the sale of goods, which in the particular case might be the opponent’s clothing or fashion articles. There is an obvious link between commercial auctions and retail activities in that their target publics may be interested in buying the same goods. While retail is the more conventional way of selling goods, nowadays there are many cases in which, for instance clothing articles of various fashion icons or popular designers are offered in auctions. Therefore, the services are also in competition with each other.
- 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 services found to be identical or similar to various degrees are directed at the public at large, as well as at business customers with specific professional knowledge or expertise.
The degree of attention will be average, in particular for the retail and for the other related retail services, and above the average for the remaining service, for instance business administration, advertising, etc. This will particularly depend on the services concerned, for example on their specialised nature, terms and conditions of the purchased services, as well as financial costs.
- The signs
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Earlier trade mark |
Contested sign |
The relevant territory is Portugal.
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 earlier mark is a figurative mark consisting of the verbal element ‘maxi’ and a fanciful figurative element on top of it. The contested sign is a figurative mark containing the verbal element ‘maxi’ preceded by an abstract figurative element, both depicted in yellow.
The verbal element ‘maxi’ of both signs has no meaning for the relevant public per se. However, this verbal element is a common prefix, used in conjunction with other words to convey or reinforce the concept of large size, greater scope or extent or other possible characteristics of the goods and services in question. Consequently, in the present case the verbal element may allude or suggest to the qualities or purpose of the services that have been compared above, as, inter alia, services provided by large undertakings, companies covering a wide portfolio of the related services or involved with the widest spectre of offered goods. To the extent that this element will be perceived in any of these aspects, the verbal element ‘maxi’ in both signs is considered with somewhat limited distinctiveness.
The signs have no more dominant or eye-catching elements.
Visually, the signs coincide in the verbal element ‘maxi’, being the sole verbal element in both of them; they differ in their figurative elements, as well as in their stylisation and colours. However, 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). Therefore, despite the limited distinctiveness of the verbal element ‘maxi’, the signs are considered visually similar to an average degree.
Aurally, the pronunciation of the signs coincides in the sound of the sole verbal element of the signs ‛maxi, present identically in both signs. Consequently, even bearing in mind the limited distinctiveness of this element for the relevant services, the signs are considered aurally identical.
Conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. As the signs will be associated with the same concept and bearing in mind the limited distinctiveness of that concept, they are found 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.
- 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.
The opponent did not explicitly claim that its mark is particularly distinctive by virtue of intensive use or reputation.
Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. Considering what has been stated above in section c) of this decision, the distinctiveness of the earlier mark must be seen as low for all of the services in question.
- Global assessment, other arguments and conclusion
The services are identical and similar to various degrees and the degree of attention will be average or above the average, as explained above.
The signs are visually and conceptually similar to an average degree and aurally identical to the extent that they are both composed of the same verbal element with a limited distinctiveness and of an additional figurative element with an abstract character, that is to say, with no particular concept embodied. With respect to that, account is taken of the fact that average consumers rarely have the chance to make a direct comparison between different marks, but must trust in their imperfect recollection of them (22/06/1999, C-342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 26). Furthermore, even consumers who pay a high degree of attention need to rely on their imperfect recollection of trade marks (21/11/2013, T-443/12, ancotel, EU:T:2013:605, § 54).
Therefore, given that the relevant consumer will most probably refer to the conflicting signs using their sole verbal elements, even though considered with a somewhat limited distinctiveness as such, and taking into account that the differentiating stylisation or the figurative elements do not bear a distinguishable concept that might help the public to take a purchase decision, a risk of confusion cannot be completely ruled out. This is, furthermore, reinforced by the fact that most of the services is question were found identical.
As far as the remaining, in particular similar to a low degree, services are concerned, in principle account is taken of the fact that 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). As already stated above, the signs in the present case were found aurally identical and this finding may be sufficient to counterbalance the lower similarity between some of the services.
The applicant argues that the figurative element of its EUTM has reputation and filed various pieces of evidence to substantiate this claim.
The right to an EUTM begins on the date when the EUTM is filed and not before, and from that date on the EUTM has to be examined with regard to opposition proceedings. Therefore, when considering whether or not the EUTM falls under any of the relative grounds for refusal, events or facts which happened before the filing date of the EUTM are irrelevant because the rights of the opponent, insofar as they predate the EUTM, are earlier than the applicant’s EUTM.
Considering all the above, there is a likelihood of confusion on the part of the public.
Therefore, the opposition is well founded on the basis of the opponent’s Portuguese trade mark registration No 490 126. It follows that the contested trade mark must be rejected for all the contested services.
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
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Liliya YORDANOVA |
Patricia LOPEZ FERNANDEZ DE CORRES |
Volker MENSING |
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.