OPPOSITION DIVISION
OPPOSITION No B 2 760 448
Wistron Corporation, No 5, Hsin-An Rd, Science-Based Industrial Park, Hsinchu,
Taiwan (opponent), represented by Viering, Jentschura & Partner mbB,
Grillparzerstraße 14, 81675 München, Germany (professional representative)
a g a i n s t
ZTE Corporation, ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan
District, Shenzhen, People’s Republic of China (applicant), represented by María
Antonia Ezcurra Zufia, Iparraguirre, 15, 2ºA, 48009 Bilbao (Vizcaya), Spain
(professional representative).
On 15/11/2017, the Opposition Division takes the following
DECISION:
1. Opposition No B 2 760 448 is upheld for all the contested goods and services.
2. European Union trade mark application No 15 565 195 is rejected in its entirety.
3. The applicant bears the costs, fixed at EUR 620.
REASONS
As from 01/10/2017, Regulation (EC) No 207/2009 and Regulation (EC) No 2868/95
have been repealed and replaced by Regulation (EU) 2017/1001 (codification),
Delegated Regulation (EU) 2017/1430 and Implementing Regulation (EU)
2017/1431, subject to certain transitional provisions. All the references in this
decision to the EUTMR, EUTMDR and EUTMIR shall be understood as references to
the Regulations currently in force, except where expressly indicated otherwise.
The opponent filed an opposition against all the goods and services of European
Union trade mark application No 15 565 195, for the figurative mark .
The opposition is based on European Union trade mark registration No 10 378 602,
for the figurative mark . 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.
Decision on Opposition No B 2 760 448 page: 2 of 11
a) The goods and services
The goods and services on which the opposition is based are, inter alia, the
following:
Class 9: Weighing, signalling, checking (supervision), life-saving and teaching
apparatus and instruments; Apparatus and instruments for
conducting, switching, transforming, accumulating, regulating or
controlling electricity; Apparatus for recording, transmission or
reproduction of sound; Magnetic data carriers, recording discs;
Automatic vending machines and mechanisms for coin-operated
apparatus; Cash registers, calculating machines, data processing
equipment and computers; Fire-extinguishing apparatus; Electric
devices for attracting and killing insects; safety helmet; Divers’
apparatus; Radiation-protective clothing; Asbestos screens for
firemen; electronic blackboard; Electronic notice boards; AD player;
Character Generator; Digital Signage; Electric iron; Photocopier;
computer software; database management software; database
synchronization software; computer software for the redirection of
messages, Internet e-mail, and/or other data to one or more electronic
handheld devices from a data store on or associated with a personal
computer or a server; computer software for the synchronization of
data between a remote station or device and a fixed or remote station
or device; computer software for integrating telephone communication
through internet; computer programs for accessing, browsing and
searching online databases; computer software for authoring,
downloading, transmitting, receiving, editing, extracting, encoding,
decoding, displaying, storing and organizing text, graphics, images,
and electronic publications; computer software and firmware, namely,
operating system programs, data synchronization programs, and
application development tool programs for personal and handheld
computers; cloud computing operating system; software for medical
and home care purpose; ATM Control Unit; UTM (Unified Threat
Management); computer program; Monitors [computer programs];
computer hardware; computer host; main board; micro-processors;
memory board; computer monitor; solid state memory; hard disk drive;
Micro Hard Disk Driver; Micro Hard Disk storage; Central processing
units; Disk drives; Readers [data processing equipment]; data storage
device; Data processing apparatus; programmable data access
processor; random access memory device; random access memory
module; random access memory; Computer memories; flash memory;
work station; computer terminal; computer; micro-computer; portable
computer; notebook; handheld computer; Laptop computers; tablet
PC; Panel PC; Media Tablet; Personal Computer (PC); thin client
[ computers]; desktop computer; Container Computer; Dental
Computer; All In One PC; computer touch screens; flat panel display
screens; Industrial LCD Monitor; Medical Display; floating-point unit
chip; read only memory chip; computer networks for storage of data;
data coupler; data carrier; network card; display card; expansion card;
memory card for computer; Interfaces for computers; Computer
peripheral devices; Digital photo frame; Electronic book; electronic
paper; personal digital assistant (PDA); electronic device for
measuring, analyzing, recording, receiving and transmitting
information of medical apparatus; Digital handheld electronic device
Decision on Opposition No B 2 760 448 page: 3 of 11
with the function of sending and receiving calls, facsimile, email;
Electronic equipment for point-of-sales (POS) systems, namely, point-
of-sale terminals , bar code readers, optical readers, advertisement
display monitors, keyboards, printers, scanners, radio transmitters,
radio receivers, computer hardware, and computer operating
software; Protective covers and cases for the foregoing product;
tablets; Electronic publications [downloadable]; Electronic pens;
Electronic agendas; Electronic dictionary; Electronic manual;
electronic organizers; electronic notepads; electronic schoolbag;
calculating machine; VOD set-top box; digital VOD set-top box; smart
set top box; 2D/3D video conversion box; Multimedia player; digital
media player; portable media player; hard disk drive built-in media
player; Optical and magneto-optical disc players and recorders for
audio, video and computer data; Networked media player; Network
music streaming devices and speakers; Networked home theater
player; home theater equipment with the function of networking and
receiving wireless music, and can be used with other digital media;
DVD player; TFT LCD panel; CCFL backlight unit; LCD TV (liquid
crystal display television); CCFL backlight LCD TV; LED backlight
LCD TV; Connected LCD TV; Smart LCD TV; smart monitor; 3D LCD
TV; Google TV; PDP TV (plasma display panels television); digital
television; hand held television; wireless digital electronic apparatus to
secure and protect data and images on all forms of wireless
equipment including mobile telecommunications equipment using an
automatic synchronisation process and alarm notification of the loss or
theft of the wireless equipment including mobile telecommunications
equipment; Media Encoder; LED backlight unit; Light guide plate;
Touch panel module; Naked-eye 3D LCD panel; Naked-eye 3D LCD
TV; bio-chips; testing machine for biochip; Diagnostic apparatus for
testing food; instrument for observation; optical mirrors; Video game
machines for use with external display screen or monitor; video game
machine for use with computer; Cigar lighters for automobiles;
Starters for fluorescent lights; Battery; electric wires; electric cable;
digital video disc; automatic Sprinkler machine for fire protection;
Outlet for fire protection; Firefighting equipment, namely, fire fighting
Sprinklers that spray mist; Firefighting equipment, namely, fire fighting
Sprinklers that spray liquids on fires; Firefighting equipment, namely,
fire fighting Sprinklers that spray foam on fires; fire hydrant; Sprinkler
systems for fire protection; Fire Equipment; speed detector; Car video
recorders; Electronic personal emergency response device; Electronic
communication devices; video conference device; VoIP (Voice over
IP); Digital Phone; ISDN Phone; Conference Phone; Video Phone;
Media Phone; Media Video Phone; mobile phone; smart phone;
Nursing Call System; mobile phone; DECT Phone; VoPLC (Voice over
Power Line Communication); VoLTE (Voice over Long Term); Video
Conference phone; Video Conference system; Router; Network
Security Router; network bridge; network hub; network gateway;
Switch; Network Security Switch; network firewall; internet apparatus;
network server; global positioning system (GPS) devices; signal
converter; optical fiber signal receiver; network adapter; network
signal repeater; Network signal booster; network signal adapter; signal
booster; wireless base station; IP PBX; Soft Switch; Call Manager;
Media Gateway; Trunking Gateway / Analog Trunk Gateway; RAID
Card; FC-Switch; PCIe SAN (PCIe -Storage Area Network) Devices;
(MEGA) Data Center Storage Devices/Rack; integrated circuit;
Decision on Opposition No B 2 760 448 page: 4 of 11
Welding apparatus; mobile phone battery charger; uninterruptible
power supply; uninterruptible power supply; vending machine;
electronic lock; Electronic security devices; Electric fence; ruler;
electronic weight meter; calorie meter; pedometer; Mounting cabinet
for electroplating apparatus; Cabinets for electronic equipment;
Industrial X-ray apparatus; prepaid card for internet; Time lapse image
recorder; Information display terminals / Kiosk; Solar panels for
production of electricity.
Class 38: Telecommunications; transmission service between computers;
transmission of data by audio-visual apparatus controlled by data
processing apparatus or computers; Providing user access to the
electronic communication network by the ways of identifying, locating,
grouping, sending and managing to link to the third person’s computer
server, computer processor and computer user; electronic sending of
data and documentation via the Internet or other databases; supply of
data and news by electronic transmission; providing the website
telecommunication entrance service and providing on-line e-news
service for downloading permissive information and data; Providing
the Internet website for telecommunication entrance service; delivery
of digital music and video files by telecommunications; provision of
wireless teleconference service via electronic communication network;
providing users send and / or receive message via wireless network;
provision of connectivity services and access to electronic
communications networks, for transmission or reception of audio,
video or multimedia content; provision of telecommunications
connections to electronic communication networks, for transmission or
reception of audio, video or multimedia content; electronic news
broadcast; electronic communication consultation service; facsimile,
message collection and transmission services; transmission of data
and of information by electronic means, computer, cable, radio,
teleprinter, telephone, mobile phone, electronic mail, telecopier,
television, microwave, laser beam, communications satellite or
electronic communication means; rental of access time to website
featuring multimedia content; transmission and communication via
computer terminals; Electronic bulletin board services; Providing
access to databases; computer transmission of messages and
images; Communication via optical fibre networks; Leasing of
telecommunication equipment; Providing telecommunications
connections to a global computer network; Providing
telecommunications connections to a global computer network;
Electronic mail services; Electronic mail account lease; Providing
electronic bulletin boards for transmission of messages; Providing
user access to a global computer network; Providing electronic
telecommunication connections; Providing the service for access
network on-line data; Streaming service; Rental of apparatus for
transmission of messages; Rental of telephones; Rental of
communication equipment; News agency; television broadcasting
services; Communications by telephone; Communications by mobile
phones; Voicemail services; telecom transmission through value-
added networks; Paging by radio; Paging services; Providing
telecommunication connections to the internet; Transmission of
information by electronic communications networks / Transmission of
information via national and international networks; Providing
electronic telecommunication connections; Providing on-line chat
Decision on Opposition No B 2 760 448 page: 5 of 11
rooms for transmission of messages among users in the field of
general interest; Providing telecommunication channels for
teleshopping services; Providing internet chat rooms; Telegram
transmission and communication; Sending of telegrams; Telegram
transmission; Facsimile communication; Satellite transmission
services; Rental of satellite channels; Satellite transmission of
teleconference; Rental of satellite transponder; Teleconferencing
services; Video conferencing services; GPS signal transmission
services; Providing information concerning telecommunication;
providing information concerning communication; Rental of facsimile
apparatus; Leasing of facsimile machine; Rental of telephones;
provision of applying telephone services for others; telecom
transmission services; telecom transmission access services;
transmission service by computer; broadcasting or transmission of
radio and television programs; provision of telecommunications
access and links to computer databases and the Internet; webcasting
services (transmission); provision of telecommunications connections
to the Internet or computer databases; telecom transmission services
of information (including web pages); Broadcasting programs and
sound via a global computer network; Broadcasting programs, concert
and music via a global computer network; Transmission services via a
global computer network, featuring music sound and video;
Transmission services via a global computer network, featuring music
sound and video; Transmission services via a global computer
network, featuring music, sound and video; communication services,
namely, matching users for the transfer of music, video and audio
recordings via communication networks; providing on-line bulletin
boards for the transmission of messages among computer users
concerning entertainment, music, concerts, videos, radio, television,
film, news, sports, games and cultural events; transmission of data by
audio-visual apparatus controlled by data processing apparatus or
computers; transmission of downloadable audio and video files via
computer and other communications networks; Delivery of messages
by electronic transmission; Transmission of sound and image via a
global computer network; electronic transmission of audio and video
files via global computer network.
Class 42: Scientific and technological services and research and design relating
thereto; Industrial analysis and research services; Design and
development of computer hardware and software; Custom design and
development of computer hardware and software; Computer hardware
and software consulting services; Rental for computer hardware and
software; computer program design; Consultation for developing
computer system, database, computer hardware and software;
Computer software design; update of computer software; Computer
software maintenance; computer software rental; Consultation for
computer software design; Computer software consulting; Computer
systems analysis; Computer system design services; Computer
software installation; Duplication for computer program; Anti-virus
services for computer; computer hardware rental; Computer rental;
Recovery of computer data; server space rental; server rental; Internet
Authentication; network security management; Consultation for
telecommunication engineering technology; security equipment
engineering planning and design; Design of communication systems
and apparatus; The central monitoring and control system design; Fire
Decision on Opposition No B 2 760 448 page: 6 of 11
engineering planning and design; Consultation for Refrigeration and
air conditioning engineering technology; Refrigeration and air
conditioning engineering planning and design; Internet authentication
service; Network Security Management Service; provide online
computer hardware or software of the information via the Internet;
Website production and maintenance services; Host sites for others;
Provide a search engine querying information in the global
communications network; Application service provider; Provide
internet portal to user; Providing computer software service;
Application software service through network to produce, download,
send, receive, edit, compress, encode, decode, play, store and
manage text, images, video and electronic publications; Website
production and maintenance services; Host sites for others; Search
engine; Provide a search engine querying information in the global
communications network; Design and development of computer
systems; Duplication for computer program; Recovery for computer
data; Data conversion for electronic programs and data; Industrial
Design; Consultation for design, selection, configuration and use of
computer hardware; packaging design; Computer hardware design;
integrated circuit design; Semiconductor Chip design; communications
equipment design; Research and development for computer,
Computer peripherals, television and communication equipment;
Graphic design; appearance design for Computer, TV and
communications hardware product; packaging design for Computer,
TV and communications hardware product; Analysis for computer
program and system; Computer hardware and software design for
others; Clouds service for download and upload data; application
service provider, namely, provide members with software to listen to
online music, software to play, edit and record music, video, text and
multimedia; Provide user with un-downloadable software to edit video,
text and multimedia, including programs about music, concert, TV
shows, news, sports, culture activities, games, entertainment; Provide
catalog about online information, websites and other resources via
internet for others; provides information related to the above
mentioned services.
The contested goods and services are the following:
Class 9: Computers; computer peripheral devices; computer software,
recorded; radios; intercommunication apparatus; modems; life-saving
rafts; smartphones; Global Positioning System [GPS] apparatus.
Class 38: Radio broadcasting; television broadcasting; message sending;
communications by telephone; communications by computer
terminals; information about telecommunication; providing
telecommunications connections to a global computer network;
teleconferencing services; providing user access to global computer
networks; radio communications.
Class 42: Technical research; technological consultancy; telecommunications
technology consultancy; industrial design; computer programming;
computer software design; duplication of computer programs;
software as a service [SaaS]; providing information on computer
technology and programming via a web site; cloud computing.
Decision on Opposition No B 2 760 448 page: 7 of 11
Contested goods in Class 9
Computers; computer peripheral devices; modems; smartphones; Global Positioning
System [GPS] apparatus are identically contained in both lists of goods (including
synonyms).
The contested computer software, recorded is included in the opponent’s computer
software. Consequently, they are identical.
The contested radios overlap with the opponent’s radio transmitters, radio receivers.
Therefore, they are identical.
The contested intercommunication apparatus is included in the broad category of the
opponent’s apparatus for recording, transmission or reproduction of sound.
Therefore, they are identical.
The contested life-saving rafts are included in the broad category of the opponent’s
life-saving apparatus and instruments. Therefore, they are identical.
Contested services in Class 38
Radio broadcasting; television broadcasting; communications by telephone;
communications by computer terminals; information about telecommunication;
providing telecommunications connections to a global computer network;
teleconferencing services; providing user access to global computer networks are
identically contained in both lists of services (including synonyms).
The contested message sending overlaps with the opponent’s providing users send
and / or receive message via wireless network. Therefore, they are identical.
The contested radio communications are included in the broad category of the
opponent’s telecommunications. Therefore, they are identical.
Contested services in Class 42
Telecommunications technology consultancy; industrial design; computer software
design; duplication of computer programs; software as a service [SaaS]; cloud
computing are identically contained in both lists of services (including synonyms).
The contested technical research overlaps with the opponent’s technological
research. Therefore, they are identical.
The contested technological consultancy includes, as a broader category, the
opponent’s consultation for telecommunication engineering technology. Since the
Opposition Division cannot dissect ex officio the broad category of the contested
services, they are considered identical to the opponent’s services.
The contested computer programming and the opponent’s development of computer
software are identical because they refer to the same services with different words.
The contested providing information on computer technology and programming via a
web site overlaps with the opponent’s provides information related to the above
mentioned services (design and development of computer hardware and software).
Therefore, they are identical.
Decision on Opposition No B 2 760 448 page: 8 of 11
b) Relevant public — degree of attention
The average consumer of the category of products concerned is deemed to be
reasonably well informed and reasonably observant and circumspect. It should also
be borne in mind that the average consumer’s degree of attention is likely to vary
according to the category of goods or services in question.
In the present case, the goods and services found to be identical are directed at both
the public at large and professionals. The degree of attention paid by consumers
during the purchase of these goods and services is deemed to vary from average to
higher than average, depending on the characteristics of the goods and services
(e.g. the degree of attention is likely to be higher than average if the goods and
services are expensive and/or infrequently purchased or if they are purchased for
professional purposes, and/or if the choice of goods or services can have an
economic impact on the business).
c) The signs
Earlier trade mark Contested sign
The relevant territory is the European Union.
The global appreciation of the visual, aural or conceptual similarity of the marks in
question must be based on the overall impression given by the marks, bearing in
mind, in particular, their distinctive and dominant components (11/11/1997, C-251/95,
Sabèl, EU:C:1997:528, § 23).
The elements ‘wistron’ of the earlier mark and ‘ZTE Wistron’ of the contested sign
have no meaning for the relevant public and are, therefore, distinctive.
The stylisation of both signs must be seen as minimal, since their letters are highly
similar to regular-font letters. Therefore, the stylisation has very little impact on the
overall perception of the marks.
Visually and aurally, the signs coincide in the sequence of letters ‘wistron’, and in
the sound of that sequence, which constitutes the entire earlier mark and the second
element of the contested sign. However, they differ in the element ‘ZTE’ of the
contested sign and in the stylisations of the typefaces used, referred to above.
Therefore, the signs are visually and aurally similar to a high degree.
Conceptually, neither of the signs has a meaning for the public in the relevant
territory. Since a conceptual comparison is not possible, the conceptual aspect does
not influence the assessment of the similarity of the signs.
As the signs have been found similar in at least one aspect of the comparison, the
examination of likelihood of confusion will proceed.
Decision on Opposition No B 2 760 448 page: 9 of 11
d) Distinctiveness of the earlier mark
The distinctiveness of the earlier mark is one of the factors to be taken into account
in the global assessment of likelihood of confusion.
According to the opponent, the earlier mark has been extensively used and enjoys an
enhanced scope of protection. However, for reasons of procedural economy, the
evidence filed by the opponent to prove this claim does not have to be assessed in
the present case (see below in ‘Global assessment’).
Consequently, the assessment of the distinctiveness of the earlier mark will rest on its
distinctiveness per se. In the present case, the earlier trade mark as a whole has no
meaning for any of the goods and services in question from the perspective of the
public in the relevant territory. Therefore, the distinctiveness of the earlier mark must
be seen as normal.
e) Global assessment, other arguments and conclusion
According to settled case-law, the likelihood of confusion on the part of the public
must be appreciated globally, taking into account all factors relevant to the
circumstances of the case (29/09/1998, C-39/97, Canon, EU:C:1998:442, §16).
In the present case, the goods and services at issue are identical and they target the
general and professional public with a degree of attention that may vary from
average to higher than average. 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).
The applicant claims that the conflicting signs are neither identical nor similar.
However, they are considered visually and aurally similar to a high degree, as the
earlier mark is reproduced in its entirety in the contested sign. Furthermore, the
earlier mark enjoys a normal degree of distinctiveness.
The applicant points out that consumers generally tend to focus on the beginning of a
sign when they encounter a trade mark, mainly because the public reads from left to
right, which makes the part placed at the left of the sign (the initial part) the one that
first catches the attention of the reader. However, this consideration cannot prevail in
all cases and cannot, in any event, undermine the principle that an examination of
the similarity of the signs must take account of the overall impression produced by
those signs, since the average consumer normally perceives a sign as a whole and
does not examine its individual details (27/06/2012, T-344/09, Cosmobelleza,
EU:T:2013:40, § 52).
Likelihood of confusion covers situations where the consumer directly confuses the
trade marks themselves, or where the consumer makes a connection between the
conflicting signs and assumes that the goods/services covered are from the same or
economically-linked undertakings. Furthermore, it is common practice in the relevant
market for manufacturers to make variations of their trade marks, for example by
altering the typeface or colours, or adding verbal or figurative elements to them, in
order to denote new product lines, or to endow a trade mark with a new, fashionable
image.
Decision on Opposition No B 2 760 448 page: 10 of 11
In the present case, the likelihood that the public might associate the signs with each
other is very real. It is highly likely that the relevant consumer will perceive the
contested sign as a sub-brand or a word variation of the earlier mark, configured in a
different way according to the type of goods that it designates (23/10/2002, T-104/01,
Fifties, EU:T:2002:262, § 49). It is, therefore, conceivable that the relevant public will
regard the goods and services designated by the conflicting signs as belonging to
two ranges of goods and services coming from the same undertaking.
In its observations, the applicant argues that it owns several registrations in the
Swedish Patent and Registration Office that coexist with the opponent’s earlier mark.
According to case-law, the possibility cannot be ruled out that the coexistence of two
marks on a particular market might, together with other elements, contribute to
diminishing the likelihood of confusion between those marks on the part of the
relevant public (judgment of 03/09/2009, C-498/07P, La Española, EU:C:2013:302,
§ 82). In certain cases, the coexistence of earlier marks in the market could reduce
the likelihood of confusion that the Office finds between two conflicting marks
(judgment of 11/05/2005, T-31/03, Grupo Sada, EU:T:2005:169, § 86).
However, that possibility can be taken into consideration only if, at the very least,
during the proceedings before the EUIPO concerning relative grounds for refusal, the
applicant for the European Union trade mark duly demonstrated that such
coexistence was based upon the absence of any likelihood of confusion on the part
of the relevant public between the earlier marks upon which it relies and the
intervener’s earlier mark on which the opposition is based, and provided that the
earlier marks concerned and the marks at issue are identical (11/05/2005, T-31/03,
Grupo Sada, EU:T:2005:169, § 86). In the present case, these requirements are not
fulfilled, and the applicant has not submitted any evidence in this regard to support its
claim.
In this regard it should be noted that formal coexistence in national or Union
registries of certain marks is not per se particularly relevant. It should also be proved
that they coexist in the market, which could actually indicate that consumers are used
to seeing the marks without confusing them.
Only under special circumstances may the Opposition Division consider evidence of
the coexistence of other marks in the market (and possibly in the register) at
national/Union level as an indication of ‘dilution’ of the distinctive character of the
opponent’s mark that might be contrary to an assumption of likelihood of confusion.
This has to be assessed on a case-by-case basis, and such an indicative value
should be treated with caution as there may be different reasons as to why similar
signs coexist, e.g. different legal or factual situations in the past, or prior rights
agreements between the parties involved.
Therefore, in the absence of convincing arguments and evidence thereof, this
argument of the applicant must be rejected as unfounded.
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 European
Union trade mark registration No 10 378 602. It follows that the contested sign must
be rejected for all the contested goods and services.
Decision on Opposition No B 2 760 448 page: 11 of 11
Since the opposition is successful on the basis of the inherent distinctiveness of the
earlier mark, there is no need to assess the enhanced degree of distinctiveness of
the opposing mark due to its extensive use as claimed by the opponent. The result
would be the same even if the earlier mark enjoyed an enhanced degree of
distinctiveness.
COSTS
According to Article 109(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 Article 109(1) and (7) EUTMR and Article 18(1)(c)(i) EUTMIR (former
Rule 94(3) and (6) and Rule 94(7)(d)(i) EUTMIR, in force before 01/10/2017), 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
María del Carmen SUCH
SANCHEZ
Carlos MATEO PEREZ María Clara
IBÁÑEZ FIORILLO
According to Article 67 EUTMR, any party adversely affected by this decision has a
right to appeal against this decision. According to Article 68 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 for
appeal must be filed within four months of the same date. The notice of appeal will be
deemed to have been 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 Article 109(8) EUTMR
(former Rule 94(4) EUTMIR, in force before 01/10/2017), such a request must be
filed within one month of the date of notification of this fixation of costs and will be
deemed to have been filed only when the review fee of EUR 100
(Annex I A(33) EUTMR) has been paid.