OPPOSITION No B 2 180 217

Markant Handels- und Service GmbH, Hanns-Martin-Schleyer-Str. 2, 77656 Offenburg, Germany (opponent), represented by Weickmann & Weickmann Patentanwälte – Rechtsanwalt PartmbB, Richard-Strauss Str. 80, 81679 München, Germany (professional representative)

a g a i n s t

"Alfa-Beta" Vassilopoulos S.A., trading as AB vassilopoulos… even the bird's milk! (Anonymi Etaireía) Leof. Spαton 81, 15344 Gerakas Attikis, Greece (applicant), represented by Vayanos Kostopoulos Law Firm, 37, Stournara Str. 106 82 Athens, Greece (professional representative).

On 06/07/2017, the Opposition Division takes the following

DECISION:

1.        Opposition No B 2 180 217 is rejected in its entirety.

2.        The opponent bears the costs, fixed at EUR 300.

REASONS:

The opponent filed an opposition against some of the goods and services of European Union trade mark application No 11 140 621, namely, against all goods and services in Classes 3, 16, 20, 21, 24, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 43. The opposition is based on German trade mark registration No 30 733 330. 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.

1. The goods and services

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

Class  35: Retail services with goods in classes 1 – 34; wholesale services with goods of class 1- 34; business and organizational consulting of business people including business, counselling and information services; collection of goods, for others, for presentation, purchase and sale of goods; advertising, sales promotion for others; management; business administration, consulting; office work.

Class 43: Providing food and drink; catering, operation of snack stands and snack bar.

The contested goods and services are the following:

Class  3: Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations; Soaps; Perfumery, essential oils, cosmetics, hair lotions; Dentifrices; Toilet water; Canned pressurized air for cleaning and dusting purposes; Breath freshening sprays; Ethereal oils; Ethereal essences; Grinding preparations; Ammonia [volatile alkali] detergent; Pastes for razor strops; Almond oil; Almond milk for cosmetic purposes; Almond soap; Starch glaze for laundry purposes; Laundry starch; Colour-brightening chemicals for household purposes [laundry]; Soap for brightening textile; Extracts of flowers [perfumes]; Flower perfumes (Bases for -); Washing soda, for cleaning; Silicon carbide [abrasive]; Soap for foot perspiration; Non-slipping liquids for floors; Non-slipping wax for floors; Scale removing preparations for household purposes; Degreasers other than for use in manufacturing processes; Disinfectant soap; Abrasive paper; Abrasives; Detergents other than for use in manufacturing operations and for medical purposes; Deodorants for human beings or for animals; Deodorants for pets; Deodorant soap; Oil of turpentine for degreasing; Mustache wax; Depilatories; Bleaching preparations [de-colorants] for cosmetic purposes; Perfumes; Aromatics [essential oils]; Flavourings for beverages [essential oils]; Cake flavourings [essential oils]; Perfumery; Sachets for perfuming linen; Whiting; Nail art stickers; Floor wax removers [scouring preparations]; Stain removers; Petroleum jelly for cosmetic purposes; Balms other than for medical purposes; Colorants for toilet purposes; Dyes (Cosmetic -); Hair dyes; Colour-removing preparations; Nail polish; Varnish-removing preparations; Eyelashes (Cosmetic preparations for -); False eyelashes; Eyelashes (Adhesives for affixing false -); Cleansing milk for toilet purposes; Gaultheria oil; Beard dyes; Geraniol; Badian essence; Lip glosses; Sandpaper; Floor wax; Skin care (Cosmetic preparations for -); Leather preservatives [polishes]; Leather bleaching preparations; Scouring solutions; Diamantine [abrasive]; Oils for perfumes and scents; Oils for cleaning purposes; Oils for toilet purposes; Oils for cosmetic purposes; Pumice stone; Smoothing stones; Neutralizers for permanent waving; Dental bleaching gels; Massage gels other than for medical purposes; Antistatic preparations for household purposes; Amber [perfume]; Volcanic ash for cleaning; Incense; Jasmine oil; Ionone [perfumery]; Cleaning preparations; Dry-cleaning preparations; Cosmetics; Cosmetics for animals; Cosmetic preparations for slimming purposes; Toiletries; Sun-tanning preparations [cosmetics]; Antiperspirants [toiletries]; Cosmetic kits; Transfers (Decorative -) for cosmetic purposes; Fumigation preparations [perfumes]; Carbides of metal [abrasives]; Hair waving preparations; Wax (Depilatory -); Waxes for leather; Laundry wax; Shoe wax; Tailors’ wax; Polishing wax; Shoemakers’ wax; Cleaning chalk; Joss sticks; Lemon (Essential oils of -); Cedar-wood (Essential oils of -); Adhesives for cosmetic purposes; Eau de Cologne; Lavender water; Corundum [abrasive]; Lipsticks; Skin whitening creams; Creams (Cosmetic -); Polishing creams; Hair spray; Lacquer-removing preparations; Lavender oil; Sand-cloth; Bleaching salts; Laundry blueing; Bluing for laundry; Laundry bleach; Shaving stones [astringents]; Greases for cosmetic purposes; After-shave lotions; Hair lotions; Lotions for cosmetic purposes; Bath salts, not for medical purposes; Baths (Cosmetic preparations for -); Make-up preparations; Fabric softeners for laundry use; Tissues impregnated with cosmetic lotions; Mascara; Beauty masks; Make-up powder; Mint for perfumery; Mint essence [essential oil]; Pencils (Cosmetic -); Eyebrow pencils; Musk [perfumery]; Boot cream; Pomades for cosmetic purposes; Make-up removing preparations; Dry shampoos; Drying agents for dishwashing machines; Scented wood; Shaving preparations; Shaving soap; Dentifrices; Cleaning dentures (Preparations for -); Denture polishes; Nail care preparations; Cloths impregnated with a detergent for cleaning; Aloe vera preparations for cosmetic purposes; Sunscreen preparations; Air-fragrancing preparations; Leaves of plants (Preparations to make shiny the -); Unblocking drain pipes (Preparations for -); Douching preparations for personal sanitary or deodorant purposes [toiletries]; Polish for furniture and flooring; Bergamot oil; Polishing stones; Helio-tropine; Cakes of toilet soap; Laundry preparations; Potpourris [fragrances]; Rust removing preparations; Laundry soaking preparations; Rose oil; Shampoos; Shampoos for pets; Antiperspirant soap; Soap; Medicated soap; Safrol; Emery; Emery cloth; Emery paper; Soda lye; Bleaching soda; Smoothing preparations [starching]; Shining preparations [polish]; Laundry glaze; Polishing preparations; Furbishing preparations; Polishing rouge; Mouth washes, not for medical purposes; Alum stones [astringents]; Astringents for cosmetic purposes; Adhesives for affixing false hair; Breath freshening strips; Talcum powder, for toilet use; Wallpaper cleaning preparations; Turpentine, for degreasing; Terpenes [essential oils]; Windscreen cleaning liquids; Tripoli stone for polishing; Glass cloth; Hydrogen peroxide for cosmetic purposes; Scented water; Cobblers’ wax; Cotton wool for cosmetic purposes; Quillaia bark for washing; Eyebrow cosmetics; Polishing paper; Javelle water; Paint stripping preparations; False nails; Make-up; Cotton sticks for cosmetic purposes, Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations; Soaps; Perfumery, essential oils, cosmetics, hair lotions; Dentifrices.

Class  16: Paper, cardboard and goods made from these materials, not included in other classes; Printed matter; Bookbinding material; Photographs; Stationery; Adhesives for stationery or household purposes; Artists' materials; Paint brushes; Typewriters and office requisites (except furniture); Instructional and teaching material (except apparatus); Plastic materials for packaging (not included in other classes); Printers' type; Printing blocks; Packaging material made of starches; Starch paste [adhesive] for stationery or household purposes; Inking sheets for document reproducing machines; Graphic reproductions; Charcoal pencils; Absorbent sheets of paper or plastic for foodstuff packaging; Blotters; Numbering apparatus; Numbers [type]; Silver paper; Atlases; Stickers [stationery]; Adhesives [glues] for stationery or household purposes; Adhesive bands for stationery or household purposes; Gummed cloth for stationery purposes; Adhesive tapes for stationery or household purposes; Self-adhesive tapes for stationery or household purposes; Posters; Placards of paper or cardboard; Advertisement boards of paper or cardboard; Paperweights; Tracing needles for drawing purposes; Books; Bookmarkers; Song books; Bookbinding apparatus and machines [office equipment]; Book bindings; Bookbinding material; Bookends; Vignetting apparatus; Biological samples for use in microscopy [teaching materials]; Viscose sheets for wrapping; Handbooks [manuals]; Sealing wax; Electrotypes; Gluten [glue] for stationery or household purposes; Etching needles; Drawing squares; Drawing T-squares; Erasing products; Rubber erasers; Type [numerals and letters]; Office requisites, except furniture; Writing cases [sets]; Writing instruments; Typewriter keys; Handwriting specimens for copying; Nibs; Nibs of gold; Writing tablets; Ink sticks; Drawing pens; Graphic representations; Writing materials; Typewriters, electric or non-electric; Finger-stalls [office requisites]; Cigar bands; Index cards [stationery]; Tickets; Compasses for drawing; Cards; Diagrams; Dispensers (Adhesive tape -) [office requisites]; Stencils [stationery]; Stencil plates; Stencils; Punches [office requisites]; Office perforators; Transparencies [stationery]; Teaching materials [except apparatus]; Address stamps; Filtering materials [paper]; Filter paper; Correcting fluids [office requisites]; Correcting ink [heliography]; Correcting tapes [office requisites]; Manifolds [stationery]; Paint trays; Boxes for pens; Paper for recording machines; Document laminators for office use; Engraving plates; School supplies [stationery]; Stationery; Pictures; Tracing patterns; Prints [engravings]; Credit card imprinters, non-electric; Oleographs; Elastic bands for offices; Patterns for making clothes; Newsletters; Forms, printed; Printed publications; Printed matter; Writing paper; Tablemats of paper; Hand labelling appliances; Labels, not of textile; Indexes; Greeting cards; Newspapers; Painters' easels; Paint boxes [articles for use in school]; Paintings [pictures], framed or unframed; Painters' brushes; Calendars; Almanacs; Check books [cheque books] (Holders for -); Stencil cases; Stands for pens and pencils; Passport holders; Document holders [stationery]; Inkstands; Histological sections for teaching purposes; Isinglass for stationery or household purposes; Tracing paper; Pen wipers; Letter trays; Modelling clays (Moulds for -) [artists' materials]; Wrappers [stationery]; Jackets for papers; Canvas for painting; French curves; Rulers (Drawing -); Square rulers; Coasters of paper; Spools for inking ribbons; Musical greeting cards; Trading cards other than for games; Catalogues; Patterns for dressmaking; Paper shredders for office use; Embroidery designs [patterns]; Modelling wax, not for dental purposes; Waxed paper; Chalk for lithography; Writing chalk; Tailors' chalk; Chalk holders; Loose-leaf binders; Pastes for stationery or household purposes; Gums [adhesives] for stationery or household purposes; Chaplets; Boxes of cardboard or paper; Stamps [seals] (Cases for -); Cream containers of paper; Blueprints; Rollers for typewriters; Sheets of reclaimed cellulose for wrapping; Bags (Conical paper -); Scrapbooks; Lithographic works of art; Lithographs; Lithographic stones; Architects' models; Marking pens [stationery]; Graining combs; Blackboards; Ink; Ink stones [ink reservoirs]; Inkwells; Inking ribbons; Inking ribbons for computer printers; Carbon paper; Inking pads; Ledgers [books]; Pencil sharpening machines, electric or non-electric; Franking machines for office use; Addressing machines; Envelope sealing machines, for offices; Pencil lead holders; Pencils; Pencil holders; Pencil leads; Drawing pads; Mats for beer glasses; Trays for sorting and counting money; Wood pulp paper; Wood pulp board [stationery]; Scrapers [erasers] for offices; Pencil sharpeners, electric or non-electric; Binding strips [bookbinding]; Saucers (Watercolour [watercolour] -) for artists; Palettes for painters; Pantographs [drawing instruments]; Pastels [crayons]; Pens [office requisites]; Papier m?ch?; Covers of paper for flower pots; Printers' blankets, not of textile; Bottle envelopes of cardboard or paper; Composing frames [printing]; Wristbands for the retention of writing instruments; Periodicals; Magazines [periodicals]; Comic books; Slate pencils; Face towels of paper; Towels of paper; Modelling clay; Chart pointers, non-electronic; Writing slates; Clipboards; Signboards of paper or cardboard; Drawing pins; Writing brushes; Paintbrushes; Address plates for addressing machines; Bubble packs (Plastic -) for wrapping or packaging; Modelling paste; Mimeograph apparatus and machines; Duplicators; Hectographs; Portraits; Modelling materials; Announcement cards [stationery]; House painters' rollers; Garbage bags of paper or of plastics; Bags [envelopes, pouches] of paper or plastics, for packaging; Bags for microwave cooking; Bibs of paper; Erasing shields; Writing board erasers; Galley racks [printing]; Drawing sets; Flags of paper; Marking chalk; Note books; Pads [stationery]; Indian inks; Place mats of paper; Steatite [tailor's chalk]; Printing blocks; Hand-rests for painters; Printers' reglets; Balls for ball-point pens; Fountain pens; Pen clips; Photographs (Apparatus for mounting -); Tags for index cards; Paper clasps; Money clips; Staples for offices; Paper-clips; Obliterating stamps; Cords for bookbinding; Stapling presses [office requisites]; Terrestrial globes; Moisteners [office requisites]; Seals [stamps]; Sealing stamps; Shields [paper seals]; Stamp pads; Sealing wafers; Sealing machines for offices; Sealing compounds for stationery purposes; Stamp stands; Graphic prints; Drawing instruments; Drawing materials; Tracing cloth; Typewriter ribbons; Paper tapes and cards for the recordal of computer programmes; Gummed tape [stationery]; Plastic cling film, extensible, for palletization; Plastic film for wrapping; Postage stamps; Postcards; Writing or drawing books; Drawing boards; Table linen of paper; Printing sets, portable [office requisites]; Printing type; Moisteners for gummed surfaces [office requisites]; Aquarelles; Plastics for modelling; Penholders; Holders for stamps [seals]; Arithmetical tables; Cloth for bookbinding; Fabrics for bookbinding; Document files [stationery]; Folders [stationery]; Envelopes [stationery]; Files [office requisites]; Flyers; Bottle wrappers of cardboard or paper; Figurines [statuettes] of papier m?ch?; Coffee filters (Paper -); Paper bows; Humidity control sheets of paper or plastic for foodstuff packaging; Inking sheets for duplicators; Paper sheets [stationery]; Booklets; Prospectuses; Pamphlets; Luminous paper; Photographs [printed]; Photograph stands; Photo-engravings; Engravings; Decalcomanias; Steel letters; Steel pens; Etchings; Geographical maps; Paper; Xuan paper for Chinese painting and calligraphy; Radiograms (Paper for -); Copying paper [stationery]; Electrocardiograph paper; Parchment paper; Wrapping paper; Hygienic paper; Handkerchiefs of paper; Writing cases [stationery]; Tablecloths of paper; Drawer liners of paper, perfumed or not; Paper ribbons; Paper knives [cutters] office requisites; Tissues of paper for removing make-up; Cardboard; Cardboard tubes; Hat boxes of cardboard; Perforated cards for Jacquard looms; Table napkins of paper; Cardboard articles; Stationery (Cabinets for -) [office requisites]; Stamps [seals]; Chromos; Printed timetables; Paper, cardboard and goods made from these materials, not included in other classes; Printed matter; Bookbinding material; Photographs; Stationery; Adhesives for stationery or household purposes; Artists' materials; Paint brushes; Typewriters and office requisites (except furniture); Instructional and teaching material (except apparatus); Plastic materials for packaging (not included in other classes); Printers' type; Printing blocks.

Class  20: Furniture, mirrors, picture frames; Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics; Statues of wood, wax, plaster or plastic; Wax figures; Statuettes of wood, wax, plaster or plastic; Hooks, not of metal, for clothes rails; Clothes hooks, not of metal; Pipe or cable clips of plastics; Traps of plastic (Drain -) [valves]; Air cushions, not for medical purposes; Air pillows, not for medical purposes; Air mattresses, not for medical purposes; Ambroid plates; Ambroid bars; Identification bracelets, not of metal, for hospitals; Lecterns; Fans for personal use, non-electric; Flower-pot pedestals; Works of art, of wood, wax, plaster or plastic; Bakers' bread baskets; Straw edgings; Steps [ladders], not of metal; Valves, not of metal, other than parts of machines; Water-pipe valves of plastic; Vats, not of metal; Barrels, not of metal; Barrel hoops, not of metal; Staves of wood; Stands for calculating machines; Picture frame brackets; Book rests [furniture]; Library shelves; Showcases [furniture]; Brush mountings; Playpens for babies; Desks; Writing desks; Desks (Standing -); Glass (Silvered -) [mirrors]; Reservoirs, not of metal nor of masonry; Handling pallets, not of metal; Coffin fittings, not of metal; Decorations of plastic for foodstuffs; Curtain holders, not of textile material; Containers, not of metal, for liquid fuel; Scythe handles, not of metal; Bolsters; Inflatable publicity objects; Mouldings for picture frames; Ivory, unworked or semi-worked; Winding spools, not of metal, non-mechanical, for flexible hoses; Containers, not of metal [storage, transport]; Floating containers, not of metal; Window fittings, not of metal; Bedding, except linen; Mats, removable, for sinks; Furniture; Office furniture; Furniture of metal; Doors for furniture; Furniture shelves; Edgings of plastic for furniture; Baby changing platforms; Wall plugs, not of metal; Table tops; Work benches; Closets (Towel -) [furniture]; Blinds (Indoor window -) [shades] furniture; Interior textile window blinds; Reels, not of metal, non-mechanical, for flexible hoses; Newspaper display stands; Flower-stands [furniture]; Stuffed animals; Fodder racks; Animal horns; Claws (Animal -); Yellow amber; Magazine racks; Bottle casings of wood; Door fittings, not of metal; Casks, not of metal; Seats; Seats of metal; Mirror tiles; Mirrors (Hand-held -) [toilet mirrors]; Fishing baskets; Trays, not of metal; Baskets, not of metal; Wickerwork; Reeds [plaiting materials]; Rattan; Costume stands; Hat stands; Bottle caps, not of metal; Sealing caps, not of metal; Binding screws, not of metal, for cables; Sofas; Settees; Hampers [baskets]; Closures, not of metal, for containers; High chairs for babies; Tea trolleys; Filing cabinets; Rivets, not of metal; Crates; Stag antlers; Horn, unworked or semi-worked; Foundations for beehives; Comb foundations for beehives; Letter boxes, not of metal or masonry; Chests, not of metal; Chests for toys; Beds for household pets; Locks, other than electric, not of metal; Locks, not of metal, for vehicles; Keyboards for hanging keys; Spring mattresses; Hospital beds; Bed casters, not of metal; Bed fittings, not of metal; Flagpoles; Poles, not of metal; Coral; Picture frames; Corozo; Dressmakers' dummies; Bamboo curtains; Bead curtains for decoration; Curtain tie-backs; Curtain rings; Boxes of wood or plastic; Bolts, not of metal; Casks of wood for decanting wine; Beds; Coat hangers; Coat stands; Reels of wood for yarn, silk, cord; Knife handles, not of metal; Tool handles, not of metal; Cradles; Dowels, not of metal; Cushions; Pet cushions; Pillows; Mother-of-pearl, unworked or semi-worked; Honeycombs; Beehives; Hinges, not of metal; Transport pallets, not of metal; Cupboards; Furniture fittings, not of metal; Taps for casks, not of metal; Identity plates, not of metal; Screws, not of metal; Bamboo; Washstands [furniture]; Divans; Cabinets (Index -) [furniture]; Chests of drawers; Medicine cabinets; Easy chairs; Deck chairs; Furniture partitions of wood; Bedsteads of wood; Cabinet work; Wood ribbon; House numbers, not of metal, non-luminous; Umbrella stands; Animal hooves; Gun racks; Oyster shells; Meat chests, not of metal; Benches [furniture]; Vice benches, not of metal; Counters [tables]; Loading pallets, not of metal; Screens [furniture]; Stakes for plants or trees; Scratching posts for cats; Bungs, not of metal; Nuts, not of metal; Towel dispensers, fixed, not of metal; Plate racks; Display boards; Placards of wood or plastics; Signboards of wood or plastics; Registration plates, not of metal; Sections of wood for beehives; Cards (Plastic key -), not encoded; Straw plaits; Armchairs; Hairdressers' chairs; Door handles, not of metal; Knobs, not of metal; Display stands; Fire screens, domestic; Busts of wood, wax, plaster or plastic; Birds (Stuffed -); Corks; Stoppers for bottles, not of glass, metal or rubber; Curtain rods; Curtain hooks; Stair rods; Shoulder poles [yokes]; Shells; Shelves for storage; Shelves for filing-cabinets [furniture]; Shelves for typewriters; Racks [furniture]; Covers (Garment -) [storage]; Covers for clothing [wardrobe]; Chopping blocks [tables]; Mooring buoys, not of metal; Meerschaum; Curtain rails; Railway waggons [wagons] (Loading gauge rods, not of metal, for -); Boarding stairs, not of metal, mobile, for passengers; Ladders of wood or plastics; Stools; Troughs, not of metal, for mixing mortar; Packaging containers of plastic; Sideboards; Wagons (Dinner -) [furniture]; Tent pegs, not of metal; Broom handles, not of metal; Dog kennels; Kennels for household pets; Head-rests [furniture]; Slatted indoor blinds; Woven timber blinds [furniture]; Infant walkers; Mattresses; Mats for infant playpens; Mobiles [decoration]; Chimes (Wind -) [decoration]; Bolts (Door -) not of metal; Latches, not of metal; Draughtman's tables; School furniture; Cork bands; Tortoiseshell; Tortoiseshell imitation; Embroidery frames; Funerary urns; Trolleys for computers [furniture]; Trolleys [furniture]; Tables; Massage tables; Tables of metal; Dressing tables; Trestles [furniture]; Saw horses; Pulleys of plastics for blinds; Curtain rollers; Furniture casters, not of metal; Mirrors [looking glasses]; Hydrostatic beds, not for medical purposes; Sleeping bags for camping; Baby changing mats; Cask stands, not of metal; Whalebone, unworked or semi-worked; Coffins; Bottle racks; Corks for bottles; Lockers; Nesting boxes for household pets; Nesting boxes; Paper blinds; Straw mattresses; Plaited straw, except matting; Furniture, mirrors, picture frames; Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class  21: Household or kitchen utensils and containers; Combs and sponges; Brushes (except paint brushes); Brush-making materials; Articles for cleaning purposes; Steel wool; Unworked or semi-worked glass (except glass used in building); Glassware, porcelain and earthenware not included in other classes; Nest eggs, artificial; Statues of porcelain, earthenware, ceramic or glass; Statuettes of porcelain, ceramic, earthenware or glass; Aerosol dispensers, not for medical purposes; Salt shakers; Cruets; Horse brushes; Glass vials [receptacles]; Cocktail stirrers; Shakers; Holders for flowers and plants [flower arranging]; Corkscrews; Bottle openers; Clothes racks, for drying; Deodorising apparatus for personal use; Nozzles for sprinkler hose; Sprinklers; Perfume vaporizers; Egg cups; Dusting apparatus, non-electric; Vases; Cotton waste for cleaning; Stands for shaving brushes; Plungers for clearing blocked drains; Eyebrow brushes; Dishwashing brushes; Brushes; Pig bristles; Brushes for cleaning tanks and containers; Brushes for footwear; Brushes (Electric -), except parts of machines; Nail brushes; Shaving brushes; Toothbrushes; Scrubbing brushes; Toilet brushes; Butter dishes; Butter-dish covers; Kettles, non-electric; Basins [bowls]; Glass bowls; Gardening gloves; Gloves for household purposes; Polishing gloves; Flower pots; Window-boxes; Cake molds [moulds]; Tie presses; Glass, unworked or semi-worked, except building glass; Glass [receptacles]; Glassware (Painted -); Powdered glass for decoration; Glass incorporating fine electrical conductors; Candle rings; Rings for birds; Poultry rings; Beaters (Carpet -), not being machines; Polishing leather; Skins of chamois for cleaning; Epergnes; Confectioners' decorating bags [pastry bags]; Toilet paper dispensers; Mop wringers; Coffee percolators, non-electric; Trays for domestic purposes, of paper; Trays for domestic purposes; Cabarets [trays]; Pots; Garbage cans; Kitchen containers; Vessels of metal for making ices and iced drinks; Chamber pots; Containers for household or kitchen use; Coolers (Non-electric portable -) Am.; Stretchers for clothing; Glove stretchers; Insect traps; Indoor aquaria; Furniture dusters; Disposable table plates; Earthenware; Tableware, other than knives, forks and spoons; Cruet stands for oil and vinegar; Cleaning instruments, hand-operated; Sugar bowls; Currycombs; Combs for animals; Bristles (Animal -) [brush ware]; Liqueur sets; Insects (Electric devices for attracting and killing -); Heaters for feeding bottles, non-electric; Hot pots, not electrically heated; Terrariums (Indoor -) [plant cultivation]; Terrariums (Indoor -) [vivariums]; Heat-insulated containers; Comb cases; Toothpick holders; Powder compacts; Toilet paper holders; Vitreous silica fibers [fibres], not for textile use; Fiberglass other than for insulation or textile use; Buckets; Pets (Litter boxes [trays] for -); Ice buckets; Baskets for domestic use; Picnic baskets (Fitted -), including dishes; Bread baskets, domestic; Waste paper baskets; Straws for drinking; Cosmetic utensils; Cheese-dish covers; Covers, not of paper, for flower pots; Aquarium hoods; Covers for dishes; Ironing board covers, shaped; Tea cosies; Tankards; Pitchers; Closures for pot lids; Pot lids; Smoke absorbers for household purposes; Mess-tins; Decanters; Coasters, not of paper and other than table linen; Lazy susans; Menu card holders; Stew-pans; Cooking pots; Saucepans (Earthenware -); Coffee grinders, hand-operated; Coffee filters, non-electric; Coffeepots, non-electric; Pottery; Ceramics for household purposes; Wax-polishing (Apparatus for -), non-electric; Candlesticks; Candle extinguishers; China ornaments; Cages for household pets; Birdcages; Shoe horns; Glue-pots; Cutting boards for the kitchen; Pastry cutters; Sifters [household utensils]; Sieves [household utensils]; Piggy banks; Buttonhooks; Goblets; Mixing spoons [kitchen utensils]; Basting spoons, for kitchen use; Boxes of metal, for dispensing paper towels; Boxes for sweetmeats; Cookie jars; Lunch boxes; Boxes of glass; Tea caddies; Napkin rings; Crystal [glassware]; Combs (Electric -); Cups of paper or plastic; Horns (Drinking -); Cups; Noodle machines, hand-operated; Basins [receptacles]; Washtubs; Bird baths; Lamp-glass brushes; Cooking utensils, non-electric; Cookery molds [moulds]; Clothes-pins; Knife rests for the table; Mixing machines, non-electric, for household purposes; Spice sets; Perfume burners; Washing boards; Jars (Glass -) [carboys]; Fly swatters; Mills for domestic purposes, hand-operated; Floss for dental purposes; Fiberglass thread, not for textile use; Demijohns; Dusting cloths [rags]; Toothbrushes, electric; Toothpicks; Rolling pins, domestic; Opaline glass; Sprinkling devices; Glass for vehicle windows [semi-finished product]; Ice cube molds [moulds]; Drinking flasks for travellers; Baby baths, portable; Cloths for cleaning; Boot jacks; Dishes; Paper plates; Table plates; Saucers; Signboards of porcelain or glass; Tar-brushes, long handled; Pepper mills, hand-operated; Pepper pots; Cooking skewers, of metal; Water apparatus for cleaning teeth and gums; Blenders, non-electric, for household purposes; Rat traps; Mouse traps; Porcelain ware; Drinking vessels; Beverages (Heat insulated containers for -); Beer mugs; Drinking glasses; Sprinklers for watering flowers and plants; Watering cans; Nozzles for watering cans; Drinking troughs; Trouser presses; Busts of china, terra-cotta or glass; Silica (Fused -) [semi-worked product], other than for building; Glass stoppers; Rails and rings for towels; Chopsticks; Vegetable dishes; Salad bowls; Soap dispensers; Soap boxes; Dishes for soap; Coffee services [tableware]; Tea services [tableware]; Toilet cases; Ironing boards; Pipettes [wine-tasters]; Utensils for household purposes; Cooking pot sets; Kitchen utensils; Presses (Garlic -) [kitchen utensils]; Brooms; Carpet sweepers; Enamelled glass; Soup bowls; Strainers; Tea strainers; Tart scoops; Scoops [tableware]; Spatulas [kitchen utensils]; Abrasive sponges for scrubbing the skin; Sponges for household purposes; Sponge holders; Toilet sponges; Flat-iron stands; Polishing apparatus and machines, for household purposes, non-electric; Cleaning tow; Whisks, non-electric, for household purposes; Steel wool for cleaning; Make-up removing appliances; Tea infusers; Pads for cleaning; Powder puffs; Abrasive pads for kitchen purposes; Saucepan scourers of metal; Mops; Cloth for washing floors; Gridiron supports; Drying racks for washing; Feeding troughs; Cinder sifters [household utensils]; Works of art, of porcelain, terra-cotta or glass; Frying pans; Toilet utensils; Trivets [table utensils]; Graters [household utensils]; Hair for brushes; Thermally insulated containers for food; Spouts; Teapots; Isothermic bags; Glass wool other than for insulation; Opal glass; Plate glass [raw material]; Siphons for carbonated water; Urns; Polishing materials for making shiny, except preparations, paper and stone; Plates to prevent milk boiling over; Services [dishes]; Boot trees [stretchers]; Wax-polishing appliances, non-electric, for shoes; Napkin holders; Wool waste for cleaning; Fabrics (Buckets made of woven -); Majolica; Mangers for animals; Bottles; Flasks; Insulating flasks; Glass flasks [containers]; Strainers for household purposes; Waffle irons, non-electric; Moulds [kitchen utensils]; Cookie [biscuit] cutters; Deep fryers, non-electric; Fruit presses, non-electric, for household purposes; Fruit cups; Feather-dusters; Combs; Combs for the hair (Large-toothed -); Beaters, non-electric; Cauldrons; Pressure cookers [autoclaves], non-electric; Funnels; Brush goods; Brush-making (Material for -); Griddles [cooking utensils]; Mosaics of glass, not for building; Crumb trays; Refrigerating bottles; Food cooling devices, containing heat exchange fluids, for household purposes; Bread boards; Bread bins; Household or kitchen utensils and containers; Combs and sponges; Brushes (except paint brushes); Brush-making materials; Articles for cleaning purposes; Steel wool; Unworked or semi-worked glass (except glass used in building); Glassware, porcelain and earthenware not included in other classes.

Class  24: Textiles and textile goods, not included in other classes; Bed covers; Table covers; Non-woven textile fabrics; Moleskin [fabric]; Velvet; Gauze [cloth]; Washing mitts; Damask; Fabric of imitation animal skins; Filtering materials of textile; Tick [linen]; Elastic woven material; Fitted toilet lid covers of fabric; Silk fabrics for printing patterns; Coverings of plastic for furniture; Furniture coverings of textile; Upholstery fabrics; Tablemats, not of paper; Lingerie fabric; Labels of cloth; Jersey [fabric]; Zephyr [cloth]; Adhesive fabric for application by heat; Calico cloth (Printed -); Jute fabric; Covers for cushions; Bed covers of paper; Furniture (Loose covers for -); Mattress covers; Canvas for tapestry or embroidery; Calico; Hemp cloth; Hemp fabric; Trellis [cloth]; Haircloth [sackcloth]; Coasters [table linen]; Bed clothes; Gummed cloth, other than for stationery; Curtain holders of textile material; Bolting cloth; Rugs (Travelling -) [lap robes]; Mosquito nets; Curtains of textile or plastic; Shower curtains of textile or plastic; Bed blankets; Crepe [fabric]; Crepon; Table linen, not of paper; Diapered linen; Bed linen; Household linen; Linen cloth; Woollen fabric; Handkerchiefs of textile; Pillowcases; Pillow shams; Marabouts [cloth]; Silk [cloth]; Oilcloth for use as tablecloths; Bath linen, except clothing; Billiard cloth; Frieze [cloth]; Printers' blankets of textile; Sanitary flannel; Napkins, of cloth, for removing make-up; Face towels of textile; Table napkins of textile; Towels of textile; Felt; Knitted fabric; Door curtains; Eiderdowns [down coverlets]; Bed covers; Ramie fabric; Rayon fabric; Shrouds; Drugget; Cheviots [cloth]; Chenille fabric; Sheets [textile]; Banners; Flags, not of paper; Place mats, not of paper; Esparto fabric; Ticks [mattress covers]; Wall hangings of textile; Taffeta [cloth]; Net curtains; Tulle; Bunting; Table runners; Tablecloths, not of paper; Buckram; Cheese cloth; Fiberglass fabrics, for textile use; Glass cloths [towels]; Plastic material [substitute for fabrics]; Sleeping bags [sheeting]; Lining fabric for shoes; Cloth; Fabric; Material (Textile -); Fabric, impervious to gases, for aeronautical balloons; Cotton fabrics; Fabrics for textile use; Fabric for footwear; Traced cloths for embroidery; Brocades; Flannel [fabric]; Linings [textile]; Hat linings, of textile, in the piece; Fustian; Textiles and textile goods, not included in other classes; Bed covers; Table covers.

Class  27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings (non-textile); Non-slip mats; Gymnasium mats; Vinyl floor coverings; Floor coverings; Reed mats; Linoleum; Wall hangings, not of textile; Wallpaper; Mats of woven rope for ski slopes; Carpets for automobiles; Artificial turf; Carpet underlay; Textile wallpaper; Bath mats; Door mats; Mats; Rugs; Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings (non-textile).

Class  28: Games and playthings; Gymnastic and sporting articles not included in other classes; Decorations for Christmas trees; Bladders of balls for games; Air pistols [toys]; Batting gloves [accessories for games]; Toys; Edges of skis; Billiard cue tips; Paragliders; Fish hooks; Dumb-bells; Ascenders [mountaineering equipment]; Chest expanders [exercisers]; Climbers' harness; Reels for fishing; Hang gliders; Bite sensors [fishing tackle]; Body-training apparatus; Novelties for parties, dances [party favors, favours]; Butterfly nets; Teddy bears; Belts (Weight lifting -) [sports articles]; Scent lures for hunting or fishing; Spring boards [sports articles]; Starting blocks for sports; Flippers for swimming; Darts; Marbles for games; Gloves for games; Fencing gauntlets; Boxing gloves; Golf gloves; Baseball gloves; Swimming jackets; Stationary exercise bicycles; Gymnastics (Appliances for -); Ring games; Christmas trees of synthetic material; Christmas tree stands; Seal skins [coverings for skis]; Ski bindings; Ornaments for Christmas trees, except illumination articles and confectionery; Discuses for sports; Nets for sports; Bite indicators [fishing tackle]; Bait (Artificial fishing -); Decoys for hunting or fishing; Clay pigeon traps; Billiard table cushions; Bob-sleighs; Sleighs [sports articles]; Landing nets for anglers; Sole coverings for skis; Knee guards [sports articles]; Floats for bathing and swimming; Parlour games; Pitch mark repair tools [golf accessories]; Dice; Toys for domestic pets; Electronic targets; Theatrical masks; Harness for sailboards; Flying discs [toys]; Masts for sailboards; Body boards; Sailboards; Rods for fishing; Kaleidoscopes; Bells for Christmas trees; Bingo cards; Scratch cards for playing lottery games; Building games; Detonating caps [toys]; Wax for skis; Candle holders for Christmas trees; Poles for pole vaulting; Rattles [playthings]; Dolls; Dolls' clothes; Dolls' houses; Dolls' rooms; Swings; Rocking horses; Creels [fishing traps]; Hunting game calls; Dolls' beds; Cricket bags; Quoits; Horseshoe games; Bonbons (Explosive -) [Christmas crackers]; Blocks (Building -) [toys]; Rollers for stationary exercise bicycles; Cups for dice; Fairground ride apparatus; Plush toys; Marionettes; Games (Counters [discs] for -); Chips for gambling; Fencing masks; Mah-jong; Billiard markers; Gut for fishing; Video game machines; Arcade video game machines; Slot machines [gaming machines]; Gaming machines for gambling; Tennis ball throwing apparatus; Shuttlecocks; Playing balls; Snow globes; Paintballs [ammunition for paintball guns] sports apparatus; Play balloons; Bats for games; Golf clubs; Golf bags, with or without wheels; Hockey sticks; Chalk for billiard cues; Billiard balls; Coin-operated billiard tables; Skittles; Dolls' feeding bottles; Bowling apparatus and machinery; Ninepins; Skating boots with skates attached; Checkerboards; Checkers [games]; Dominoes; Fencing weapons; Scrapers for skis; Toy vehicles; Scale model vehicles; Radio-controlled toy vehicles; Ice skates; Playing cards; Games; Board games; Toy masks; Balls for games; Amusement machines, automatic and coin-operated; Stuffed toys; Skateboards; Scooters [toys]; Roller skates; In-line roller skates; Pachinkos; Waterskis; Surf skis; Shin guards [sports articles]; Clay pigeons [targets]; Lines for fishing; Tables for table tennis; Pi?atas; Pools (Swimming -) [play articles]; Pistols (Caps for -) [toys]; Toy pistols; Guns (Paintball -) [sports apparatus]; Screens (Camouflage -) [sports articles]; Paddings (Protective -) [parts of sports suits]; Elbow guards [sports articles]; Supporters (Men's athletic -) [sports articles]; Punching bags; Twirling batons; Strings for rackets; Rosin used by athletes; Surf boards; Swimming kick boards; Surfboard leashes; Tops (Spinning -) [toys]; Scale model kits [toys]; Chess games; Chessboards; Billiard cues; Targets; Jigsaw puzzles; Mobiles [toys]; Fishing tackle; Games (Apparatus for -); Sling shots [sports articles]; Physical exercises (Machines for -); Swimming belts; Backgammon games; Conjuring apparatus; Tennis nets; Jokes (Practical -) [novelties]; Bows for archery; Archery implements; Trampolines; Tables for indoor football; Billiard tables; Roulette wheels; Bags especially designed for skis and surfboards; Slides [playthings]; Floats for fishing; Portable games with liquid crystal displays; Soap bubbles [toys]; Kites; Kite reels; Paper party hats; Confetti; Snow for Christmas trees (Artificial -); Snowshoes; Skis; Snowboards; Gut for rackets; Guns (Harpoon -) [sports articles]; Games and playthings; Gymnastic and sporting articles not included in other classes; Decorations for Christmas trees.

Class  29: Meat, fish, poultry and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk and milk products; Edible oils and fats; Snail eggs for consumption; Gherkins; Ajvar [preserved peppers]; Albumen for culinary purposes; Protein milk; Alginates for culinary purposes; Charcuterie; Aloe vera prepared for human consumption; Almonds, ground; Anchovy; Corn oil; Peas, preserved; White of eggs; Spiny lobsters, not live; Lobsters, not live; Eggs; Powdered eggs; Clams [not live]; Butter; Coconut butter; Buttercream; Margarine; Chocolate nut butter; Milk; Soya milk [milk substitute]; Milk products; Prawns, not live; Shrimps, not live; Yoghurt; Crystallized fruits; Fish spawn (Processed -); Pollen prepared as foodstuff; Egg nog (Non-alcoholic -); Edible fats; Meat extracts; Edible oils; Olive oil for food; Olives, preserved; Tripe; Seeds (Processed sunflower -); Gelatine; Jellies for food; Ferments (Milk -) for culinary purposes; Bouillon; Soups; Bouillon (Preparations for making -); Sunflower oil for food; Fish meal for human consumption; Isinglass for food; Foods prepared from fish; Crayfish, not live; Palm kernel oil for food; Coconut oil; Coconut, desiccated; Nuts, prepared; Frozen fruits; Kephir [milk beverage]; Cranberry sauce [compote]; Meat, tinned [canned (Am.)]; Vegetables, tinned [canned (Am.)]; Fruits, tinned [canned (Am.)]; Fish, tinned [canned (Am.)]; Beans, preserved; Koumiss [kumiss] milk beverage; Colza oil for food; Meat jellies; Meat, preserved; Pork; Meat; Cream [dairy products]; Onions, preserved; Croquettes; Yolk of eggs; Game, not live; Lard for food; Vegetables, dried; Vegetables, cooked; Vegetables, preserved; Vegetable juices for cooking; Lecithin for culinary purposes; Flaxseed oil for culinary purposes; Fatty substances for the manufacture of edible fats; Suet for food; Coconut fat; Fat-containing mixtures for bread slices; Sausages; Blood sausage; Sausages in batter; Mussels, not live; Mushrooms, preserved; Jams; Marmalade; Shellfish, not live; Oysters, not live; Fruit-based snack food; Mousses (Vegetable -); Mousses (Fish -); Bacon; Animal marrow for food; Curd; Potato flakes; Sea-cucumbers, not live; Bone oil, edible; Crustaceans, not live; Salted meats; Salted fish; Low-fat potato chips; Potato fritters; Liver p?t?; Pectin for culinary purposes; Piccalilli; Pickles; Ginger jam; Fruit pulp; Tomato pur?e; Milk beverages, milk predominating; Milk shakes; Poultry, not live; Rennet; Herrings; Fruit chips; Vegetable salads; Fruit salads; Whipped cream; Sardines; Garlic (Preserved -); Salmon; Sauerkraut; Soup (Preparations for making -); Sesame oil; Seeds (Processed -); Soya beans, preserved, for food; Raisins; Liver; Bouillon concentrates; Tahini [sesame seed paste]; Tomato juice for cooking; Tuna fish; Tofu; Truffles, preserved; Fermented vegetable foods [kimchi]; Potato chips; Cheese; Whey; Lentils, preserved; Fruit peel; Palm oil for food; Fruit, stewed; Fruit preserved in alcohol; Fruit jellies; Fruit, preserved; Apple pur?e; Weed extracts for food; Peanuts, processed; Peanut butter; Edible birds' nests; Caviar; Ham; Vegetable soup preparations; Hummus [chickpea paste]; Dates; Silkworm chrysalis, for human consumption; Fish, preserved; Fish, not live; Fish fillets; Toasted laver; Meat, fish, poultry and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk and milk products; Edible oils and fats.

Class  30:        Coffee, tea, cocoa and artificial coffee; Rice; Tapioca and sago; Flour and preparations made from cereals; Bread, pastry and confectionery; Ices; Sugar, honey, treacle; Yeast, baking-powder; Salt; Mustard; Vinegar, sauces (condiments); Spices; Ice; Unleavened bread; Cooking salt; Salt for preserving foodstuffs; Flour; Maize flour; Flour-milling products; Marinades; Almond confectionery; Macaroons [pastry]; Starch for food; Chow-chow [condiment]; Maize, milled; Maize, roasted; Bread; Pastries; Aromatic preparations for food; Flavourings, other than essential oils; Essences for foodstuffs, except etheric essences and essential oils; Flavourings, other than essential oils, for cakes; Infusions, not medicinal; Vanilla [flavoring] flavouring; Vanillin [vanilla substitute]; Royal jelly; Waffles; Weeds [condiment]; Garden herbs, preserved [seasonings]; Biscuits; Cookies; Oatmeal; Oats (Crushed -); Husked oats; Oat-based food; Malt for human consumption; Malt biscuits; Cocoa beverages with milk; Coffee beverages with milk; Chocolate beverages with milk; Cloves [spice]; Yoghurt (Frozen -) [confectionery ices]; Ham glaze; Frosting [icing] (Cake -); Gluten prepared as foodstuff; Star aniseed; Aniseed; Sweeteners (Natural -); Glucose for culinary purposes; Liquorice [confectionery]; Ice for refreshment; Chips [cereal products]; Cereal preparations; Pasta; Malt extract for food; Noodle-based prepared meals; Sugar; Fondants [confectionery]; Candy; Confectionery for decorating Christmas trees; Confectionery; Pastry; Baking powder; Allspice; Cocoa; Cocoa products; Cinnamon [spice]; Capers; Sweetmeats [candy]; Caramels [candy]; Peppermint sweets; Curry [spice]; Seasonings; Condiments; Relish [condiment]; Coffee flavorings [flavourings]; Coffee; Coffee (Unroasted -); Rice cakes; Ketchup [sauce]; Quiches; Chicory [coffee substitute]; Bean meal; Coulis (Fruit -) [sauces]; Turmeric for food; Couscous [semolina]; Crackers; Meat pies; Meat gravies; Almond paste; Custard; Cream of tartar for culinary purposes; Whipped cream (Preparations for stiffening -); Barley meal; Husked barley; Barley (Crushed -); Flaxseed for human consumption; Spices; Bicarbonate of soda for cooking purposes [baking soda]; Thickening agents for cooking foodstuffs; Yeast; Ferments for pastes; Mayonnaise; Macaroni; Meat tenderizers, for household purposes; Maltose; Marzipan; Molasses for food; Golden syrup; Honey; Mint for confectionery; Sausage binding materials; Cereal-based snack food; Rice-based snack food; Nutmegs; Mousses (Dessert -) [confectionery]; Mousses (Chocolate -); Muesli; Mustard; Petit-beurre biscuits; Cakes; Beer vinegar; Sea water for cooking; Maize flakes; Oat flakes; Tomato sauce; Cream of tartar for cooking purposes; Ice, natural or artificial; Ice cream; Edible ices; Sherbets [ices]; Vegetal preparations for use as coffee substitutes; Pastilles [confectionery]; Potato flour for food; Pesto [sauce]; Binding agents for ice cream [edible ices]; Pepper; Vinegar; Peppers [seasonings]; Ginger [spice]; Pasties; Pizzas; Groats for human food; Paste (Soya bean -) [condiment]; Popcorn; Flavourings, other than essential oils, for beverages; Chocolate-based beverages; Cocoa-based beverages; Tea-based beverages; Coffee-based beverages; Puddings; Pralines; Leaven; Bee glue; Gluten additives for culinary purposes; Petits fours [cakes]; Stick liquorice [confectionery]; High-protein cereal bars; Ravioli; Spring rolls; Rice; Sago; Soya sauce; Dressings for salad; Sauces [condiments]; Sandwiches; Cheeseburgers [sandwiches]; Saffron [seasoning]; Celery salt; Semolina; Mustard meal; Wheat flour; Powders for ice cream; Cake powder; Soya flour; Chocolate; Sushi; Spaghetti; Tacos; Tabbouleh; Tapioca; Tapioca flour for food; Tarts; Pancakes; Tortillas; Pies; Breadcrumbs; Farinaceous foods; Tea; Iced tea; Chutneys [condiments]; Chewing gum; Artificial coffee; Ribbon vermicelli; Vermicelli [noodles]; Jellies (Fruit -) [confectionery]; Rusks; Peanut confectionery; Wheat germ for human consumption; Halvah; Hominy; Hominy grits; Gruel, with a milk base, for food; Bread rolls; Buns; Gingerbread; Coffee, tea, cocoa and artificial coffee; Rice; Tapioca and sago; Flour and preparations made from cereals; Bread, pastry and confectionery; Ices; Sugar, honey, treacle; Yeast, baking-powder; Salt; Mustard; Vinegar, sauces (condiments); Spices; Ice.

Class  31: Grains and agricultural, horticultural and forestry products not included in other classes; Live animals; Fresh fruits and vegetables; Seeds; Natural plants and flowers; Foodstuffs for animals; Malt; Eggs for hatching, fertilised; Cucumbers, fresh; Spiny lobsters, live; Rough cork; Algarovilla for animal consumption; Flaxseed meal for animal consumption; Meal for animals; Flax meal [fodder]; Rice meal for forage; Vine plants; Almonds [fruits]; Flowers, dried, for decoration; Flowers, natural; Distillery waste for animal consumption; Maize; Maize cake for cattle; Peas, fresh; Peanut cake for animals; Juniper berries; Lime for animal forage; Lobsters, live; Silkworm eggs; Straw litter; Straw [forage]; Straw mulch; Flower bulbs; Oats; Malt for brewing and distilling; Draff; Pollen [raw material]; Christmas trees; Bushes; Trees; Cereal seeds, unprocessed; By-products of the processing of cereals, for animal consumption; Fishing bait, live; Chews for animals (Edible -); Bred stock; Oil cake; Olives, fresh; Strengthening animal forage; Stall food for animals; Egg laying poultry (Preparations for -); Citrus fruit; Sugarcane; Bagasses of cane [raw material]; Beet; Salt for cattle; Live animals; Menagerie animals; Pets (Aromatic sand for -) [litter]; Beverages for pets; Pets (Sanded paper for -) [litter]; Animal foodstuffs; Cattle food; Mash for fattening livestock; Livestock fattening preparations; Fish meal for animal consumption; Cocoa beans, raw; Crayfish, live; Cola nuts; Coconuts; Nuts [fruits]; Chestnuts, fresh; Coconut shell; Chicory [salad]; Chicory roots; Pine cones; Squashes; Copra; Trunks of trees; Beans, fresh; Rape cake for cattle; Residue in a still after distillation; Onions, fresh vegetables; Barley; Hop cones; Vegetables, fresh; Garden herbs, fresh; Lemons, fresh; Flaxseed for animal consumption; Hops; Yeast for animal consumption; Crustaceans, live; Mushrooms, fresh; Lettuce, fresh; Silkworms; Unsawn timber; Dog biscuits; Mussels, live; Mushroom spawn for propagation; Undressed timber; Wood chips for the manufacture of wood pulp; Sea-cucumbers, live; Shellfish, live; Potatoes, fresh; Peppers [plants]; Bran; Groats for poultry; Oranges; Poultry, live; Leeks, fresh; Bird food; Rhubarb; Roots for food; Rice, unprocessed; Hay; Cuttle bone for birds; Rye; Wheat; Sesame; Spinach, fresh; Germ (Seed -) for botanical purposes; Grains [cereals]; Grains for animal consumption; Grapes, fresh; Marc; Wreaths of natural flowers; Oysters, live; Animal litter (Products for -); Rose bushes; Truffles, fresh; Pet food; Nettles; Litter peat; Lentils, fresh; Peanuts, fresh; Raw barks; Palm trees; Palms [leaves of the palm tree]; Hazelnuts; Berries, fresh fruits; Fruit, fresh; Weeds for human or animal consumption; Bran mash for animal consumption; Peanut meal for animals; Plants; Aloe vera plants; Plants, dried, for decoration; Seedlings; Wheat germ for animal consumption; Plant seeds; Locust beans; Turf, natural; Fish, live; Fish spawn; Grains and agricultural, horticultural and forestry products not included in other classes; Live animals; Fresh fruits and vegetables; Seeds; Natural plants and flowers; Foodstuffs for animals; Malt. 

Class  32: Beers; Mineral and aerated waters and other non-alcoholic beverages; Fruit beverages and fruit juices; Syrups and other preparations for making beverages; Almonds (Milk of -) [beverage]; Aperitifs, non-alcoholic; Malt wort; Malt beer; Milk (Peanut -) [non-alcoholic beverage]; Sherbets [beverages]; Pastilles for effervescing beverages; Non-alcoholic fruit extracts; Smoothies; Table waters; Liqueurs (Preparations for making -); Kvass [non-alcoholic beverage]; Cocktails, non-alcoholic; Lemonades; Syrups for lemonade; Hops (Extracts of -) for making beer; Fruit juice beverages (Non-alcoholic -); Non-alcoholic beverages; Fruit nectars, non-alcoholic; Non-alcoholic honey-based beverages; Cider, non-alcoholic; Must; Grape must, unfermented; Beer wort; Beer; Aloe vera drinks, non-alcoholic; Isotonic beverages; Vegetable juices [beverages]; Whey beverages; Essences for making beverages; Beverages (Preparations for making -); Sarsaparilla [non-alcoholic beverage]; Syrups for beverages; Powders for effervescing beverages; Soda water; Orgeat; Ginger beer; Tomato juice [beverage]; Aerated water (Preparations for making -); Mineral water [beverages]; Mineral water (Preparations for making -); Waters [beverages]; Aerated water; Lithia water; Seltzer water; Fruit juices; Beers; Mineral and aerated waters and other non-alcoholic beverages; Fruit beverages and fruit juices; Syrups and other preparations for making beverages. 

Class  33: Alcoholic beverages (except beers); Alcoholic essences; Spirits [beverages]; Alcoholic extracts; Rice alcohol; Alcoholic beverages, except beer; Anisette [liqueur]; Aperitifs; Perry; Brandy; Distilled beverages; Arak [arrack]; Vodka; Anise [liqueur]; Piquette; Fruit extracts, alcoholic; Liqueurs; Peppermint liqueurs; Kirsch; Cocktails; Curacao; Wine; Cider; Bitters; Fruit (Alcoholic beverages containing -); Whisky; Pre-mixed alcoholic beverages, other than beer-based; Rum; Sake; Gin; Mead [hydromel]; Digesters [liqueurs and spirits]; Alcoholic beverages (except beers). 

Class  34: Tobacco; Smokers' articles; Matches; Firestones; Tobacco jars; Books of cigarette papers; Pipe racks for tobacco pipes; Tips of yellow amber for cigar and cigarette holders; Mouthpieces for cigarette holders; Cigar cases; Cigar holders; Cigarette cases; Match holders; Pipe cleaners for tobacco pipes; Herbs for smoking; Lighters for smokers; Tobacco; Chewing tobacco; Cigars; Humidors; Gas containers for cigar lighters; Tobacco pipes; Cigarillos; Cigar cutters; Spittoons for tobacco users; Tobacco pouches; Matches; Match boxes; Ashtrays for smokers; Snuff boxes; Snuff; Cigarettes; Cigarettes containing tobacco substitutes, not for medical purposes; Cigarette paper; Cigarette tips; Cigarettes (Pocket machines for rolling -); Cigarette holders; Cigarette filters; Absorbent paper for tobacco pipes; Tobacco; Smokers' articles; Matches; Firestones; Tobacco jars; Books of cigarette papers; Pipe racks for tobacco pipes; Tips of yellow amber for cigar and cigarette holders; Mouthpieces for cigarette holders; Cigar cases; Cigar holders; Cigarette cases; Match holders; Pipe cleaners for tobacco pipes; Herbs for smoking; Lighters for smokers; Tobacco; Chewing tobacco; Cigars; Humidors; Gas containers for cigar lighters; Tobacco pipes; Cigarillos; Cigar cutters; Spittoons for tobacco users; Tobacco pouches; Matches; Match boxes; Ashtrays for smokers; Snuff boxes; Snuff; Cigarettes; Cigarettes containing tobacco substitutes, not for medical purposes; Cigarette paper; Cigarette tips; Cigarettes (Pocket machines for rolling -); Cigarette holders; Cigarette filters; Absorbent paper for tobacco pipes; Tobacco; Smokers' articles; Matches.

Class 35: Advertising; Business management; Business administration; Office functions; Bringing together, for others, of a variety of goods (excluding the transport thereof) enabling customers to conveniently view and purchase those goods, including the following: bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, hair lotions, dentifrices, paper, cardboard and goods made from these materials, not included in other classes; Printed mater; Bookbinding material; Photographs; Stationery; Adhesives for stationery or household purposes; Artists’ materials; Paint brushes; Typewriters and office requisites (except furniture); Instructional and teaching materials (except apparatus); Plastic materials for packaging (not included in other classes); Printers’ type; Printing blocks, furniture, mirrors, picture frames, goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics, household or kitchen utensils and containers, combs and sponges, brushes (except paint brushes), brush-making materials, articles for cleaning purposes, steelwool, unworked or semi-worked glass (except glass used in building); Glassware, porcelain and earthenware not included in other classes, textiles and textiles goods, not included in other classes, bed and table covers, carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, wall hangings (non-textile), games and playthings, gymnastic and sporting articles not included in other classes, decorations for Christmas trees, meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats, coffee, tea, cocoa and artificial; rice; Tapioca, sago; Flour and preparations made from cereals; Bread, pastry and confectionery; Ices; Sugar, honey, treacle; Yeast, baking-powder; Salt; Mustard; Vinegar, sauces (condiments), spices; Spices; Ice, agricultural, horticultural and forestry products and grains, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt, beers; Mineral and aerated waters and other non-alcoholic drinks; Fruit drinks and syrups; Syrups and other preparations for making beverages, alcoholic beverages (except beers), tobacco, smokers’ articles.

Class  43: Services for providing food and drink; Temporary accommodation; Day-nurseries [cr?ches]; Providing campground facilities; Rental of drinking water dispensers; Rental of cooking apparatus; Restaurants; Self-service restaurants; Snack-bars; Retirement homes; Camp services (Holiday -) [lodging]; Caf?s; Cafeterias; Accommodation reservations (Temporary -); Canteens; Rental of meeting rooms; Rental of temporary accommodation; Rental of chairs, tables, table linen, glassware; Rental of transportable buildings; Rental of tents; Motels; Bar services; Boarding for animals; Hotels; Hotel reservations; Accommodation bureaux [hotels, boarding houses]; Tourist homes; Catering (Food and drink -); Boarding house bookings; Boarding houses; Services for providing food and drink; Temporary accommodation. 

Some of the contested services are identical to the services in Class 43 on which the opposition is based. For reasons of procedural economy, the Opposition Division will not undertake a full comparison of the goods and services listed above. The examination of the opposition will proceed as if all the contested services were identical to those of the earlier mark, and all the contested goods were similar to the services of the earlier mark.

2. Relevant public — degree of attention

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

Some of the contested goods at issue, which are assumed to be similar to the earlier services, are goods for everyday consumption that target the general public, with a rather low degree of attention, and are normally bought in a self-service grocery store or in a supermarket (e.g. some of those in Classes 29, 30 and 31).

Of the remaining goods and services, some are specialised services (e.g. in Class 35) that target the public at large. The degree of attention of the relevant public towards the services is likely to vary from average to higher than average depending on the nature and the price of the goods being retailed.

3. The signs

Earlier trade mark	Contested sign

The relevant territory is Germany.

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 wording ‘shop’n go’ placed on a yellow square. The letters are written in blue standard characters, with the exception of the first ‘o’, which is written in red. Above the letters, a red arrow depicted in two parts is represented.

The contested sign is also a figurative sign which consists of the words ‘Shop’ and ‘Go’ written in white in the middle of which there is an ampersand ‘&’ in green. All these verbal elements are placed on a purple figurative device resembling a basket its hand is represented in pale green. The letters ‘A’ and ‘B’ are represented in white and blue respectively in the middle of the green handle.

Although in the contested sign the element ‘SHOP&GO’ is slightly larger than the other component, ‘AB’, it cannot be considered visually outstanding. Therefore, the marks have no elements that could be considered more dominant (visually eye-catching) than other elements.

The elements ‘SHOP’ and ‘GO’, although being English words, form part of the German vocabulary (information extracted on 09/06/2017 from German language dictionary Munzinger Online/Duden at http://www.munzinger.de/) and will be understood by the relevant German  public, as having the same meaning as in English.

These elements together present in both signs, with the conjunctions ‘’n’ and ‘&’ meaning ‘and’, will be understood as referring to rapid way of shopping. Therefore, this expression is not distinctive in relation to all the relevant goods and services as they can be all purchased the described way or enable such purchases.

The element ‘AB’ in the contested sign has no meaning in relation to the relevant goods and services and is therefore distinctive.

As regards the figurative elements, those present in the earlier mark, consist of a basic shape of a yellow square and a red arrow, and their distinctiveness is low. The representation of a basket in the contested sign reinforces the concept of shopping and this element has a low distinctiveness as well.

Visually, the signs coincide in the elements ‘shop’ and ‘go’, which form a non-distinctive expression as explained above. However, they differ in the rest of their elements. The earlier mark is depicted in yellow, blue and red, whereas the contested sign is depicted in white, green, blue and purple.

Visually, the signs are visually similar to a low degree.

Aurally, since both signs contain the wording ‘shop’ ‘n’/’&’ (meaning ‘and’) and ‘go’, their pronunciation coincides, at best, as far as these elements are concerned. .. They differ in the letters ‘A’ and ‘B’ of the contested sign. However, the elements that the signs have in common are non-distinctive character.

Therefore, the signs are aurally similar to a low degree.

Conceptually, the relevant public will perceive the signs as consisting of the same expression, both being understood by consumers as referring to (retail shopping establishments that allow) rapid shopping experiences. The letters ‘AB’ might be seen as initials and the figurative device resembling a basket and the arrow will be perceived as such. As both signs will be perceived as containing the same expression, namely ‘shop and go’, which is non-distinctive, the signs differ in the rest of the elements, that is, the basket and the arrow; therefore, the signs are conceptually similar to a low degree.

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

4. Distinctiveness of the earlier mark

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

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 low for all the services in question.

5. Global assessment, other arguments and conclusion

A likelihood of confusion on the part of the public must be assessed globally, and that global assessment implies some interdependence between the factors taken into account and, in particular, similarity between the trade marks and between the goods or services covered. Accordingly, a lesser degree of similarity between these goods or 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). The more distinctive the earlier mark, the greater the risk of confusion, and marks with a highly distinctive character, either per se or because of the reputation they possess on the market, enjoy broader protection than marks with a less distinctive character (29/09/1998, C 39/97, Canon, EU:C:1998:442, § 18).

The conflicting figurative marks coincide in their word elements ‘shop’n go’/’Shop &Go’, which are descriptive and non distinctive as it was explained above.

When marks have an element in common that is not distinctive, the assessment of likelihood of confusion will focus on the impact of the non-coinciding components on the overall impression of the marks. The assessment will take into account the similarities/differences and distinctiveness of the non-coinciding components.

Therefore, consumers will, rather, focus on the other elements of the marks that are more distinctive than the expression ‘shop’n go’/’Shop &Go’, that is, on the figurative elements in the earlier mark and in both the figurative and verbal elements in the contested sign.

Although a company is certainly free to choose a trade mark with a low degree of distinctiveness, and use it on the market, it must accept, however, in so doing, that competitors are equally entitled to use trade marks with similar or identical descriptive components (23/05/2012, R 1790/2011-5, 4REFUEL (fig.) / REFUEL, § 15; and 18/09/2013, R 1462/2012-G, ULTIMATE GREENS / ULTIMATE NUTRITION (fig.) et al., § 59; also 13/05/2015, T 608/13, easyAirtours (fig.) / international airtours (fig.) et al., EU:T:2015:282, § 38, 63).

It follows from the foregoing that, even assuming that the contested services are identical to the services covered by the earlier mark and the contested goods are similar to those services, and having regard to the differences produced by the overall impressions of the signs, the relevant public is unlikely to believe that these come from the same undertaking or from economically-linked undertakings. Therefore, there is no likelihood of confusion.

The opponent mentions decision of 26/092014, R 297/2014-2, SHOP'N GO (FIG. MARK) / SHOP'N GO et al. This case is not relevant to the assessment of the likelihood of confusion in the present case as regards the factual backgrounds and trade marks under comparison, as they are different from one another. The earlier mark in the previous case is a simple word mark, whereas in the present case it is a complex figurative one. The legality of those decisions must be assessed solely on the basis of the EUTMR, as interpreted by the Courts of the European Union, and not on the basis of an alleged previous decision-making practice (16/03/2005, T 112/03, Flexi Air, EU:T:2005:102, § 27). Therefore, the decision mentioned by the opponent is not relevant to the present proceedings.

Given that the opposition is not well founded under Article 8(1) EUTMR it is unnecessary to examine the evidence of use filed by the opponent.

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 opponent is the losing party, it must bear the costs incurred by the applicant in the course of these proceedings.

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

The Opposition Division

Carmen

SÀNCHEZ PALOMARES                Liina PUU                 Zuzanna STOJKOWICZ

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.