Frenato | Decision 2667148 – Trademarkers Legal Blog

OPPOSITION No B 2 667 148

Panny Gesellschaft m.b.H., Chimanistr. 28, 1190 Wien, Austria (opponent), represented by Wiltschek Rechtsanwälte, Rotenturmstr. 16-18, 1010 Wien, Austria (professional representative)

a g a i n s t

Graal S.r.l., Via Biancamano, 7, 20900 Monza, Italy (holder), represented by Con Lor SPA, Via Renato Fucini, 5, 20133 Milano, Italy (professional representative).

On 01/06/2017, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 667 148 is upheld for all the contested goods, namely:

Class 5: Abrasive fluids for dental use; abrasive pads for dental purposes; absorbent articles for personal hygiene; absorbent cotton; absorbent cotton wadding; absorbent cotton wool (for medical purposes); absorbent diapers of cellulose for pets; absorbent diapers of paper for pets; absorbent sanitary articles; absorbent wadding; acaricides; acetates for pharmaceutical purposes; acids for pharmaceutical purposes; acne cleansers (pharmaceutical preparations); acne creams (pharmaceutical preparations); aconitine; adhesive backed films for medical purposes; adhesive band for medical use; adhesive bandages; adhesive bands for medical purposes; adhesive compositions for medical use; adhesive dressing strips; adhesive dressings; adhesive films for medical use; adhesive patches for medical purposes; adhesive plaster; adhesive plasters; adhesive skin patches for medical use; adhesive strips for medical purposes; adhesive tapes for medical purposes; adhesives (fly catching); adhesives for affixing prostheses; adhesives for dental use; adhesives for dentures; adjuvants for medical purposes; adrenal hormone preparations; adult diapers; agricultural pesticides; air deodorants; air deodorizing preparations; air deodorizer; air purifying preparations; albumin dietary supplements; albuminous foodstuffs for medical purposes; albuminous preparations for medical purposes; alcohol for medicinal purposes; alcohol for pharmaceutical purposes; alcohol swabs for medical purposes; aldehydes for pharmaceutical purposes; algae removing preparations; algicides; alginate dietary supplements; alginates for pharmaceutical purposes; alkaline iodides for pharmaceutical purposes; alkaloids for medical purposes; allergy medications; allergy relief medication; alloys of precious metal for use in dentistry and dentistry technology; alloys of precious metals for dental purposes; milk of almonds for pharmaceutical purposes; aloe vera preparations for pharmaceutical purposes; aluminium acetate for pharmaceutical purposes; amalgam for dental purposes; amalgams for dental use; amino acids for medical purposes; amino acids for veterinary purposes; ammonia inhalants; anaesthetic preparations; anaesthetics; analgesic balm; analgesic preparations; analgesics; androgen preparations; angostura bark for medical purposes; anhidrotics; animal dips (preparations); animal flea collars; animal repellent formulations; animal repellents; animal semen for artificial insemination; animal sperm; animal washes; anoretics; antacid preparations; antacids; anthelmintics; anti-allergy sprays; medicated anti-bacterial face washes; anti-bacterial pharmaceutical preparations; anti-bacterial preparations; anti-fungal dermatological preparations for use on the nails; anti-malarials; anti-microbial preparations; anti-nauseants; anti-oxidant food supplements; anti-parasitic collars; anti-parasitic collars for animals; anti-rheumatism bracelets; anti-rheumatism rings; anti-uric preparations; anti-viral agents; antiallergic medicines; antibacterial hand wash; antibacterial pharmaceuticals; antibiotic dermatological products; antibiotic food supplements for animals; antibiotic preparations; antibiotics; antibiotics for fish; antibiotics for human use; antibiotics for use in dentistry; antibiotics for veterinary use; antibiotics in the form of lotions; antibodies; anticryptogamic preparations; antidepressants; antifungal creams for medical use; antifungal preparations; antigens; antimicrobial mouthwashes; antineoplastics; antioxidant pills; antioxidants; antiparasitic collars for animals; antiparasitic preparations; antiparasitics; antiseptic body care preparations; antiseptic cleansers; antiseptic cotton; antiseptic mouthwashes; antiseptic ointments; antiseptic preparations; antiseptic preparations for wound care; antiseptic sprays in aerosol form for use on hard surfaces; antiseptic sprays in aerosol form for use on the skin; antiseptic washing preparations; antiseptics; antiseptics with prophylactic effect; antiseptics with therapeutic effect; antiserums for diagnostic purposes; antitussives; antivirals; appetite stimulant preparations; appetite suppressant pills; appetite suppressants; appetite suppressants for medical purposes; aquatic herbicides; articles for headache; artificial sweeteners adapted for diabetics; artificial tea (for medicinal use); artificial tears; aseptic cotton; aspirin; aspirin in tablet form; asthmatic tea; athletes' foot powders; attractants for pet animals; babies' creams (medicated); babies' diaperpants; babies' diapers of cellulose or paper; babies' diapers of paper; babies' disposable diaper pants of cellulose; babies' disposable diaper pants of paper; babies' disposable napkins made of paper; babies' disposable napkins made of cellulose; babies' food; babies' napkin-pants; babies' napkin-pants (diaper-pants); babies' napkins (diapers); babies' napkins made of paper; babies' nappies (paper or cellulose); baby food; baby foods; bacteria poisons; bacteria removers; bacterial poisons; bacterial preparations for medical and veterinary use; bactericides; bacteriological culture mediums; media fir bacteriological cultures; bouillons for bacteriological cultures; bacteriological preparations for medical and veterinary use; balms for medical purposes; balsamic preparations for medical purposes; bandages for dressings; bandages for making casts; bandages for skin wounds; bandages for the oral cavity; bandages for the prevention of blisters; adhesive bands, for medical purposes; barks for pharmaceutical purposes; bath preparations for medical purposes; bath preparations, medicated; bath salts for medical purposes; behaviour modifying chemicals for controlling pests; belts for sanitary napkins (towels); beta blockers; beverages adapted for medicinal purposes; beverages for infants; bicarbonate of soda for pharmaceutical purposes; biocides; biological preparations for veterinary purposes; biological preparations for medical purposes; biological tissue cultures for veterinary purposes; biological tissue cultures for medical purposes; bismuth preparations for pharmaceutical purposes; bismuth subnitrate for pharmaceutical purposes; blood components; blood for medical purposes; blood plasma; blood protein fractions; blood substitutes; blood tonics; body creams (medicated); bone cement for medical purposes; bone cement for surgical and orthopaedic purposes; bone cements for orthopaedic purposes; bone cements for surgical purposes; bone fillers consisting of living materials; bouillons for bacteriological cultures; bracelets for medical purposes; bread (diabetic -) adapted for medical use; bread products for diabetics; breast-nursing pads; bromine for pharmaceutical purposes; bronchial dilators; bronchodilating preparations; bunion pads; preparations for the treatment of burns; by products of the processing of cereals for dietetic or medical purposes; cachets for pharmaceutical purposes; cachou for pharmaceutical purposes; calamine lotion; preparations for callouses; calomel; camphor for medical purposes; camphor oil for medical purposes; candy for medical purposes; candy, medicated; powder of cantharides; medicated capillary lotions; capsules for medicines; capsules for pharmaceutical purposes; carbolineum (parasiticide); cardiovascular pharmaceutical preparations; cardiovascular pharmaceuticals; cardiovascular preparations; casein dietary supplements; castor oil for medical purposes; cat repellents; cattle washes; caustic pencils; caustics for pharmaceutical purposes; cedar wood for use as an insect repellent; cellulose esters for pharmaceutical purposes; cellulose ethers for pharmaceutical purposes; cellulose for pharmaceutical purposes; cellulose wadding for medical purposes; cellulose wool for medical use; cement for animal hooves; cements for dental prostheses; ceramics for the construction of dentures; ceramics for use in the reconstruction of dentures; cereals prepared for use as invalids' foods; charcoal for pharmaceutical purposes; chemical conductors for electrocardiograph electrodes; chemical conductors for use with electrocardiograph electrodes; chemical conductors for use with ekg electrodes; chemical contraceptive sponges; chemical contraceptives; chemical diagnostic reagents for medical use; chemical pessaries; chemical preparations for medical purposes; chemical preparations for pesticidal purposes; chemical preparations for the diagnosis of pregnancy; chemical preparations for the diagnosis of diabetes; chemical preparations for destroying vermin; chemical preparations for testing blood for medical purposes; chemical preparations for pharmaceutical purposes; chemical preparations for treating phylloxera; chemical preparations for veterinary purposes; chemical preparations for use in dna analysis (medical); chemical preparations for treating mildew; chemical preparations to treat wheat smut; chemical preparations to treat wheat blight (smut); chemical preparations to treat mildew; chemical reagents for medical or veterinary purposes; chemical test reagents (medical); chemical test reagents (veterinary); chemicals for pharmaceutical use; chemico-pharmaceutical preparations; chemotherapeutics; chewing gum for medical purposes; chilblain preparations; chinoline for medical purposes; chloroform; chromatic alginate dental impression material; chromatographic supports for medical use; cinchona for medical purposes; cleaners (preparations) for sterilising dental instruments; cleaners (preparations) for sterilising surgical instruments; cleaning cloths impregnated with disinfectant for hygiene purposes; cleaning preparations for contact lenses; cleaning solvents for removing adhesive plasters; clinical medical reagents; deodorants for clothing and textiles; cocaine; cod liver oil; cod-liver oil drops; cold cream for medical use; collodion for pharmaceutical purposes; collyrium; colostrum supplements; colouring reagents for detecting dental plaque; combinations of calcium salts for pharmaceutical use; compounds for treating cancer; compounds for treating correlated pulmonary syndromes; compounds for treating respiratory diseases; compresses; compresses for use as dressings; compression bandages (dressings); conductive lacquer for dental purposes; condurango bark for medical purposes; confectionery for medicinal purposes; confectionery, medicated; contact lens cleaning preparations; contact lens disinfectants; contact lens solutions; solutions for use with contact lenses; contraceptive foams; contraceptive preparations; contraceptive sponges; contrast media for use in medical imaging; codling sprays for medical purposes; corn pads; corn plasters; corn remedies; corn rings for the feet; corrosive agents for the surface treatment of teeth; cotton for medical purposes; cotton wool for medical purposes; cotton wool for pharmaceutical purposes; cotton wool for surgical use; cotton wool in the form of sticks for medical use; cotton wool in the form of buds for medical use; cotton wool swabs for medical use; cough mixtures; cough pastilles for medical use; cough syrups; court plaster; cream of tartar for pharmaceutical purposes; medicated creams for application after exposure to the sun; medicated creams for the feet; medicated creams for the lips; creosote for pharmaceutical purposes; croton bark; croton bark for medical purposes; crowns for use in dental restorative work; crystals for therapeutic purposes; culture media for medical use; culture media for veterinary use; cultures for medical use; cultures for veterinary use; cultures of microorganisms for medical and veterinary use; curare; curare for medical purposes; pharmaceutical preparations for treating dandruff; decoctions for pharmaceutical purposes; decongestant capsules; decongestant nasal sprays; decongestants; dementholized peppermint oil for medical purposes; demineralised water for medical purposes; dental abrasives; dental adhesives; dental amalgams; dental amalgams of gold; dental anaesthetics; dental bonding material; dental cement; dental cement for fillings; dental cements; dental ceramic material; dental ceramics; dental composite materials; dental composites; dental etching materials; dental impression materials; dental lacquer; dental mastics; dental materials for duplicating models of teeth; dental materials for making models of teeth; dental materials for packing the teeth; dental materials for stopping the teeth; dental preparations and articles; dental preparations for disclosing plaque; dental resins; dental rinse; dental sealants; dental stone; dental varnishes for sealing teeth; dental veneers for use in dental restoration; dental wax; dental wax for the preparation of dental moulds; dental waxes; denture base materials; adhesives for dentures; deodorants for clothing and textiles; deodorants, other than for human beings or for animals; depuratives; dermatological pharmaceutical substances; detergents for medical purposes; dextrins for pharmaceutical use; diabetic bread adapted for medical use; chemical preparations for the diagnosis of pregnancy; diagnostic agents for pharmaceutical use; diagnostic chemical reagents for medical use; diagnostic preparations; diagnostic preparations for medical purposes; diagnostic reagents for medical use; diagnostic testing materials for medical use; diapers (babies' napkins); diapers for pets; diapers made of cellulose; diapers made of paper; diastase for medical purposes; dietary and nutritional supplements; dietary fiber; dietary fibre; dietary food supplements; dietary supplemental drinks; dietary supplements; dietary supplements and dietetic preparations; dietary supplements for animals; dietary supplements for humans; dietary supplements for infants; dietary supplements for medical use; dietetic beverages adapted for medical purposes; dietetic confectionery adapted for medical purposes; dietetic food adapted for veterinary use; dietetic food adapted for medical use; dietetic food preparations adapted for medical purposes; dietetic foods adapted for infants; dietetic foods adapted for medical purposes; dietetic foods adapted for invalids; dietetic foods for medicinal purposes; dietetic foods for use in clinical nutrition; dietetic foodstuffs for medical purposes; dietetic infusions for medical use; dietetic preparations adapted for medical use; dietetic products for medical purposes; dietetic substances adapted for veterinary use; dietetic substances adapted for medical use; dietetic substances for babies; dietetic sugar for medical use; digestants; digestive enzymes; digestives for pharmaceutical purposes; digitalin; dill oil for medical purposes; diluents for medical use; disinfectant dressings; disinfectant swabs; disinfectants; disinfectants and antiseptics; disinfectants for chemical toilets; disinfectants for contact lenses; disinfectants for household use; disinfectants for hygiene purposes; disinfectants for hygienic purposes; disinfectants for medical instruments; disinfectants for veterinary use; disinfectants impregnated into tissues; disinfectants (other than disinfectant soap); disinfecting hand wash; disposable babies' napkins of paper; disposable babies' napkins of cellulose; disposable diapers; disposable diapers of cellulose for babies; disposable diapers of cellulose for incontinents; disposable diapers of paper for babies; disposable diapers of paper for incontinents; disposable liners of cellulose for napkins; disposable napkins for incontinents; disposable napkins made of paper for infants; disposable napkins of cellulose for babies; disposable napkins of cellulose for incontinents; disposable napkins of paper for babies; disposable napkins of paper for incontinents; disposable nappies; disposable nappies made of paper for infants; disposable nappies made of paper for babies; disposable nappies made of paper for incontinents; disposable nappies made of cellulose for infants; disposable nappies made of cellulose for babies; disposable nappies made of cellulose for incontinents; disposable pants of cellulose for holding a babies' napkin in place; disposable pants of paper for holding a babies napkin in place; disposable paper diapers; disposable sanitizing wipes; disposable training pants of cellulose for infants; disposable training pants of paper for infants; diuretic pharmaceutical preparations; diuretic preparations; diuretics; dog lotions; dog washes; repellents for dogs; double-sided adhesive tapes for medical use; douching preparations for medical purposes; dragees (medicines); dressing retention materials; dressings for wounds; dressings, medical; drugs for medical purposes; ear drops; edible fish oils for medical purposes; effervescent analgesic pharmaceutical preparations; effervescent vitamin tablets; elastic bandages (dressings); elastic dressings; chemical conductors for electrocardiograph electrodes; electrolyte solutions for medical use; elixirs for preventing chills; elixirs for preventing colds; elixirs for preventing throat infections; elixirs for relieving asthma; elixirs for relieving chills; elixirs for relieving colds; elixirs (pharmaceutical preparations); emmenagogues; enzyme dietary supplements; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; enzymes for medical purposes; enzymes for veterinary purposes; epidermal growth factor preparations for the treatment of burns; ergot for pharmaceutical purposes; esters for pharmaceutical purposes; ethers for medical use; ethers for pharmaceutical purposes; ethical medicinal preparations; eucalyptus for pharmaceutical purposes; evacuants; evacuants (purgatives); evening primrose oil for medical use; expectorants; extracts of hops for pharmaceutical purposes; extracts of medicinal herbs; extracts of medicinal plants; eye drops; eye lotions for medical use; eye ointment for medical use; eye patches for medical purposes; eye-washes; eyepatches for medical purposes; fabric deodorisers; fabric deodorizers; medicated face cream; medicated face scrubs; fat emulsions for medical infusions; fat emulsions for parenteral hyperalimentation; febrifuges; feeding stimulants for animals; feminine hygiene products; fennel for medical purposes; ferments for pharmaceutical purposes; filled first aid kits; filled syringes for medical purposes (containing pharmaceuticals); first-aid boxes, filled; first aid boxes sold filled; first aid dressings; first-aid kits; fish meal for pharmaceutical purposes; fish oil for medical purposes; flaxseed dietary supplements; flaxseed for pharmaceutical purposes; flaxseed meal for pharmaceutical purposes; flaxseed oil dietary supplements; flea collars; flea exterminating preparations; flea powders; flea sprays; flour for pharmaceutical purposes; flowers of sulfur for pharmaceutical purposes; flowers of sulphur for pharmaceutical purposes; fly catching adhesive; fly catching adhesives; fly catching paper; fly destroying preparations; fly glue; fly paper; food additives (medicated) for animals; food esters for pharmaceutical purposes; food for babies; food for diabetics; food for infants; food for medically restricted diets; food supplements for dietetic use; food supplements for medical purposes; foodstuffs for diabetics (specially made for); medicated foot balms; medicated foot creams; remedies for foot perspiration; foot rot vaccines; chemicals for forestry (fungicides); chemicals for forestry (herbicides); chemicals for forestry (insecticides); chemicals for forestry (parasiticide); formic aldehyde for pharmaceutical purposes; frostbite salve for pharmaceutical purposes; fumigants; fumigating pastilles; fumigating sticks; fumigation preparations for medical purposes; fungicidal fungal agents; fungicidal preparations; fungicides; fungicides for horticultural use; fungicides for killing vermin; gallic acid for pharmaceutical purposes; gamboge for medical purposes; gas mixtures for medical use; gases for dental use; gases for medical purposes; gastroenteric preparations; gastrointestinal preparations; gauze compresses; gauze for dressings; gauzes for use as dressings; gelatine for medical purposes; gentian for pharmaceutical purposes; germicidal preparations (other than soap); germicides; ginseng for medicinal use; glucose dietary supplements; glucose for medical purposes; glucose preparations for medical purposes; glue coated strips for use against vermin; glycerine for medical purposes; glycerophosphates; gold amalgam for dental purposes; dental amalgams of gold; goulard water; greases for medical purposes; greases for veterinary purposes; guaiacol for pharmaceutical purposes; gum for medical purposes; gummed taffeta plasters; gurjun balsam for medical purposes; gurjun (gurjon, gurjan) balsam for medical purposes; gypsum for dental purposes; haematogen; haemoglobin; haemorrhoid preparations; haemostatic pencils; haemostatic preparations; hair growth stimulants; hand creams for medical use; medicated hand lotion; articles for headache; headache pencils; health food supplements for persons with special dietary requirements; health food supplements made principally of vitamins; health food supplements made principally of minerals; hematogen; hemoglobin; hemorrhoid preparations; hemorrhoidal ointments; hemostatic pencils; herb teas for medicinal purposes; herbal beverages for medicinal use; herbal compounds for medical use; herbal dietary supplements for persons special dietary requirements; herbal medicine; herbal tea for medicinal use; herbal teas for medicinal purposes; herbicides; herbs for medicinal purposes; homeopathic medicines; homeopathic pharmaceuticals; extracts of hops for pharmaceutical purposes; hormone preparations for pharmaceutical use; hormones for medical purposes; human allograft tissue; human coagulation factors; human growth hormone; human immune globulin; human plasma protein; hydrastine; hydrastinine; hydrated chloral for pharmaceutical purposes; hydrogen peroxide for medical purposes; hygienic bandages; hygienic lubricants; hygienic preparations and articles; hypnotic sedatives; hypnotics; immunoassay reagents for medical use; immunomodulators; immunotherapeutic agents for bacterial infections; implantable materials for use in guided tissue regeneration; implantable medicines; implantable textile material to encourage the growth of tissue; implants comprising living tissue; implants for guided tissue regeneration; impregnated antiseptic wipes; impregnated medicated pads; impregnated medicated swabs; impregnated medicated wipes; impregnated pads containing medicated preparations; impression materials for dental purposes; imprinting for dental purposes; in vitro gender prediction test kit; incontinence diapers; incontinence pads; napkins for incontinents; pants, absorbent, for incontinents; indicators for medical diagnosis; infant formula; infants' diapers (disposable) of paper; infants' diapers (disposable) of cellulose; infants' disposable diapers of paper; infants' disposable diapers of cellulose; infants' disposable training pants of cellulose; infants' disposable training pants of paper; inhalants; insect attractants; insect exterminating agents; insect repellants; insect repellent agents; insect repellent incense; insect repellent preparations; insect repellents; insect repelling preparations; insect repelling tags; insecticidal preparations; insecticides; iodides for pharmaceutical purposes; iodine; iodine for pharmaceutical purposes; iodoform; irish moss for medical purposes; isotopes for medical purposes; jalap; jujube, medicated; knickers for sanitary purposes; kretek (clove) cigarettes for medical use; lacteal flour for babies; lactose for pharmaceutical purposes; lactose free infant's formula; larvae exterminating preparations; larvae inhibiting preparations; larvicides; laxatives; lead water; lecithin dietary supplements; lecithin for medical purposes; leeches for medical purposes; lice treatment preparations; preparations of lime for pharmaceutical purposes; liniments; linseed dietary supplements; linseed for pharmaceutical purposes; linseed meal for pharmaceutical purposes; linseed oil dietary supplements; lint for medical purposes; liquorice for pharmaceutical purposes; live organs and tissues for surgical purpose; local anaesthetics; lotions for pharmaceutical purposes; lotions for veterinary purposes; lozenges for pharmaceutical purposes; lubricants for medical use; lubricants for surgical purposes; lubricating agents for medical use; lupulin for pharmaceutical purposes; magnesia for pharmaceutical purposes; magnesium hydroxide for medicinal use; magnesium oxide for medical use; magnesium salts for pharmaceutical use; magnesium sulphate for pharmaceutical use; malt albumin for pharmaceutical use; malt extracts for pharmaceutical use; malt for pharmaceutical purposes; malted milk beverages for medical purposes; mangrove bark for pharmaceutical purposes; marine antifoulants; material for stopping teeth; materials for dressings; materials for surgical casts; materials for tooth fillings; meal for pharmaceutical purposes; meal replacement powders; media for bacteriological cultures; medical and veterinary preparations and articles; medical diagnostic reagents; medical dressings; medical dressings, coverings and applicators; medical mouthwashes; medical preparation for slimming purposes; medical preparations for slimming purposes; medical wound dressings; medicated additives for animal foods; medicated additives for animal feeds; medicated anti-cavity dental rinses; medicated baby powders; medicated balms; medicated bath preparations; medicated candies; medicated candy; medicated chewing gum; medicated confectionery; medicated creams; medicated creams for the care of the feet; medicated dental rinses; medicated food supplements; medicated foot powder; medicated isotonic drinks; medicated lip balm; medicated lotions for the hands; medicated mouth spray; medicated mouth wash; medicated mouth washes; medicated mouthwash; medicated ointments for application to the skin; medicated plasters; medicated skin creams; medicated skin lotions; medicated sugar; medicated supplements for animal feedstuffs; medicated supplements for foodstuffs for animals; medicated swabs; medicated talcum powder; medicated throat sprays; medicinal alcohol; medicinal beverages; medicinal creams for skin care; medicinal creams for the protection of the skin; medicinal drinks; medicinal hair growing preparations; medicinal hair growth preparations; medicinal herb extracts; medicinal herbal extracts for medical purposes; medicinal herbs; medicinal infusions; medicinal mud; medicinal oils; medicinal ointments; medicinal preparations for the mouth and as sprays; medicinal preparations for stimulating hair growth; medicinal roots; medicinal sediment (mud); medicinal tea; medicine cases, portable, filled; medicine tonics; medicines for alleviating constipation; medicines for animals; medicines for dental purposes; medicines for human purposes; medicines for veterinary purposes; melissa water for pharmaceutical purposes; menstruation bandages; menstruation knickers; menstruation tampons; menthol; menthol for pharmaceutical purposes; mercurial ointments; mercurial ointments for medical use; preparations for destroying mice; cultures of microorganisms for medical and veterinary use; nutritive substances for microorganisms; preparations of microorganisms for medical and veterinary use; mildewcides; milk ferments for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; milk powder for babies; milk powders (foodstuff for babies); milk sugar; milk sugar for pharmaceutical purposes; milking grease; mineral dietary supplements for humans; mineral dietary supplements for animals; mineral drinks (medicated); mineral food supplements; mineral salts for baths; mineral salts for medical purposes; mineral supplements for feeding livestock; mineral supplements to foodstuffs; mineral water salts; mineral waters for medical purposes; mint for pharmaceutical purposes; miticides; mixed vitamin preparations; modeling wax for dental purposes; moist paper hand towels impregnated with a pharmaceutical lotion; moist wipes impregnated with a pharmaceutical lotion; moisturising body lotion (pharmaceutical); moisturising creams (pharmaceutical); molding wax for dentists; moleskin for use as a medical bandage; moleskin for medical purposes; mosquito repellent incenses; mosquito repellents; moss killers; moth repellents; mothballs; mothproof paper; mothproofing paper; mothproofing preparations; motion sickness treatment preparations; moulding wax for dentists; mouth rinses for medical use; mouth sprays for medical use; mouthwashes for medical purposes; mouthwashes (gargles) for medical purposes; mud for baths; multi-vitamin preparations; multivitamin preparations; multivitamins; muscle relaxants; mustard for pharmaceutical purposes; mustard oil for medical purposes; mustard plasters; mustard poultices; mustard powder for medical purposes; mustard preparations for medical purposes; myrobalan bark for pharmaceutical purposes; nail fungus treatment preparations; napkin-pants (babies'); napkins (babies') (diapers); napkins for babies (paper); napkins for incontinents; nappies for babies and incontinents; nappies of cellulose for babies; nappies of paper for babies; nappies of paper for incontinents; nappy cream (medicated); nappy liners of cellulose for incontinents; nappy liners of paper for incontinents; nappy pants for incontinents; narcotics; nasal decongestants; nasal drops for the treatment of allergies; nasal spray for the treatment of allergies; nematode pesticide; nervines; night creams (medicated); nutraceuticals for use as a dietary supplement; nutritional supplements; nutritive substances for microorganisms; odour absorbing materials; oil (cod liver); oil of turpentine for pharmaceutical purposes; oils (medicinal); ointments for pharmaceutical purposes; ophthalmic muscle relaxants; ophthalmic preparations; ophthalmologic preparations; ophthalmological preparations; opiates; opium; opodeldoc; opotherapy preparations; oral contraceptives; organotherapy preparations; orgasm creams; preparations for predicting ovulation; oxygen baths; oxygen for medical purposes; ozone for medical use; pads (breast-nursing); pads (bunion); pads for feminine protection; pads impregnated with medicated preparation; pain relief medication; pain relieving creams; pant liners for incontinents; panties (sanitary); pants, absorbent, for incontinents; pants (sanitary); panty liners (sanitary); pantyliners; paper diapers; paper diapers for babies; paper diapers for infants; paper for mustard plasters; paper for mustard poultices; paper (mothproof); paper nappies for babies; paper nappies for infants; paracetamol; parasiticides; parasiticides for medical use; pastilles for pharmaceutical purposes; pastilles (fumigating); pearl powder for medical purposes; pectin for pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for pharmaceutical purposes; personal sexual lubricants; pest control preparations and articles; pesticides; pesticides for agricultural use; petroleum jelly for medical purposes; pharmaceutical compositions; pharmaceutical creams; pharmaceutical implants; pharmaceutical lipsalves; pharmaceutical preparations for veterinary use; pharmaceutical preparations for animal skincare; pharmaceutical preparations in strip form; pharmaceutical preparations for animals; pharmaceutical preparations for skin care; pharmaceutical preparations for treating dandruff; pharmaceutical preparations; pharmaceutical preparations for the treatment of cancer; pharmaceutical products for skin care for animals; pharmaceutical skin lotions; pharmaceutical sweets; pharmaceuticals; pharmaceuticals and natural remedies; pharmaceuticals for the treatment of erectile dysfunction; phenol for pharmaceutical purposes; pheromones; pheromones for medical use; phosphates for pharmaceutical purposes; plant extracts for pharmaceutical use; plasma (blood); plasters; plasters (dressings); plasters for medical purposes; plasters incorporating a magnet; plasters, materials for dressings; plasters (mustard); poisons; pollen dietary supplements; pomades for medical purposes; porcelain for dental prostheses; portable first-aid kits; potassium salts for medical purposes; poultices; poultices (mustard); powder of cantharides; powdered milk foods for infants; powdered milk for babies; powders for killing fleas; powders for killing fleas on animals; chemical preparations for the diagnosis of pregnancy; pregnancy testing preparations; preparations for callouses; preparations for controlling insects; preparations for deodorising the air; preparations for destroying noxious plants; preparations for destroying lice in the hair; preparations for destroying vermin; preparations for destroying mice; preparations for destroying insects; preparations for destroying noxious animals; preparations for destroying dry rot fungus; preparations for facilitating sexual coupling; preparations for inhibiting sexual coupling; preparations for killing weeds; preparations for ocular lubrication; preparations for preventing nail biting; preparations for preventing sucking of the fingers; preparations for preventing the formation of algae in water; preparations for reducing sexual activity; preparations for the diagnosis of ovulation; preparations for the diagnosis of pregnancy; preparations for the neutralising of odours; preparations for the treatment of burns; preparations for use as additives to food for human consumption (medicated); preparations for use in naturopathy; preparations for use in vaginal lubrication; preparations of lime for pharmaceutical purposes; preparations of microorganisms for medical and veterinary use; preparations of trace elements for human and animal use; preparations of vitamins; preparations to facilitate teething; pressure bandages (dressings); probiotic bacterial formulations for medical use; probiotic bacterial formulations for veterinary use; propolis dietary supplements; propolis for pharmaceutical purposes; medicated protective creams; protective liners for panties; protective panty liners; protein dietary supplements; protein supplements for animals; purgatives; pyrethrum powder; quassia for medical purposes; quebracho bark for medical use; quebracho for medical purposes; quinine for medical purposes; quinquina for medical purposes; medicated agents for treating radiation sickness; radio-isotope markers for therapeutic or diagnostic use; radioactive elements for medical use; radioactive materials for medical purposes; radioactive preparations veterinary diagnosis; radioactive substances for medical purposes; radiological contrast substances for medical purposes; radiopharmaceutical products; radiotherapeutic hormones; radium for medical purposes; rat poison; raticides; reactants for medical diagnosis; reactants for veterinary diagnosis; reagent paper for medical or veterinary purposes; reagents (chemical) for medical or veterinary purposes; reagents for analytical purposes (for medical purposes); reagents for analytical purposes (for veterinary purposes); reagents for blood grouping (for medical purposes); reagents for in-vitro laboratory use (for veterinary purposes); reagents for in-vitro laboratory use (for medical purposes); reagents for microbiological analysis (for veterinary purposes); reagents for microbiological analysis (for medical purposes); reagents for use in analysis (for veterinary purposes); reagents for use in analysis (for medical purposes); reagents for use in diagnostic pregnancy tests; reagents for use in diagnostic tests (for medical purposes); reagents for use in diagnostic tests (for veterinary purposes); reagents for use with analyzers (for veterinary purposes); reagents for use with analyzers (for medical purposes); preparations for reducing sexual activity; remedies for foot perspiration; remedies for perspiration; repellents for animals; repellents for dogs; repellents (insect); rhubarb roots for pharmaceutical purposes; rings (anti-rheumatism); rodenticides; roots (medicinal); royal jelly dietary supplements; royal jelly for pharmaceutical purposes; rubber for dental purposes; rubbing alcohol; salts for medical purposes; salts for mineral water baths; salts (mineral water); salves (medicated); sanitary belts; sanitary knickers; sanitary napkins; sanitary pads; sanitary panties; sanitary pants; sanitary preparations for medical purposes; sanitary preparations for medical use; sanitary tampons; sanitary towels; sanitary wear; sanitizers for household use; sanitizing wipes; sarsaparilla beverages (medicinal); sarsaparilla for medical purposes; scalp treatments (medicated); scapulars for surgical purposes; sea water for medicinal bathing; sedatives; sediment (medicinal) (mud); self adhesive dressings; semen for artificial insemination; serotherapeutic medicines; serums; sexual stimulant gels; shaped napkins of cellulose for babies; shaped napkins of paper for babies; sheep dips; shoe deodorizers; siccatives (drying agents) for medical purposes; siccatives for medical purposes; skeletal muscle relaxants; skin care creams for medical use; skin care lotions (medicated); pharmaceutical preparations for skin care; skin grafts; skin patches for the transdermal delivery of pharmaceuticals; skin tonics (medicated); skin treatment (medicated) for animals; slimming pills; medical preparations for slimming purposes; slug exterminating preparations; smelling salts; smoking herbs for medical purposes; sodium salts for medical purposes; soil conditioners (sterilisers); soil fumigating preparations; soil-sterilising preparations; solid oxygen for medical use; solidified gases for medical purposes; solutions for contact lenses; solutions for disinfecting contact lenses; solutions for medical use in washing the nasal passages; solutions for neutralizing contact lenses; solutions for rinsing contact lenses; solutions for sterilising contact lenses; solutions for use with contact lenses; solvents for removing adhesive plasters; soporifics; spermicidal creams; spermicidal gels; spermicides; spermicides for application to condoms; sponge material for healing wounds; sponges for healing wounds; sponges (vulnerary); sporicides; spring water for medical purposes; starch for dietetic or pharmaceutical purposes; stem cells; stem cells for medical purposes; stem cells for veterinary purposes; sterile plastic films for use as bandaging; sterile solutions for medical purposes; sterilising agents; sterilising preparations; sterilising (soil) preparations; sterilising solutions; sterilising substances; sterilized dressing; steroids; stick liquorice for pharmaceutical purposes; sticking plasters; sticks (fumigating); sticks (sulphur) (disinfectants); strychnine; styptic pencils; styptic preparations; substances in tablet form for use in the sterilisation of water; substitutes for mothers milk; sugar for medical purposes; sugar substitutes for diabetics; sulfonamide preparations; sulfonamides (medicines); sulfur sticks (disinfectants); sulphonamides as medicines; sulphonamides (medicines); sulphur sticks as disinfectants; sulphur sticks (disinfectants); sunburn ointments; sunburn preparations for pharmaceutical purposes; suppositories; surgical cements; surgical cloth (tissues); surgical dressings; surgical glues; surgical implants grown from stem cells (living tissues); surgical implants (living tissues); surgical spirits; surgical tissues; swabs for medical use; sweets for medicinal purposes; synthetic material for use in setting bones; synthetic material for use in producing casts; synthetic resins for medical use; synthetic resins for use in dentistry; syrups for pharmaceutical purposes; taffeta plasters (gummed); talcum powder (medicated) for babies; tampons; tampons (sanitary); tanning pills; tapes (adhesive), for medical purposes; tapes for strapping (medical); tapes for varicose veins; tartar for pharmaceutical purposes; teat dips for dairy cows; teeth filling material; teething (preparations to facilitate); test strips for measuring blood glucose levels; deodorants for clothing and textiles; therapeutic creams (medical); therapeutic medicated bath preparations; therapeutic preparations for the bath; thermal water; throat sprays (medicated); thymol for pharmaceutical purposes; tincture of iodine; tinctures for medical purposes; tisanes (medicated beverages); tissue-regenerative pharmaceutical preparations; tissues for medical use; tissues for surgical use; tissues impregnated with pharmaceutical lotions; tissues (surgical); tobacco extracts (insecticides); tobacco-free cigarettes for medical purposes; tobacco substitutes for medical purposes; tonics (medicines); topical analgesic creams; topical anti-infective substances for the treatment of infections of the eye; topical ophthalmic anti-infective substances for the treatment of infections; towels (sanitary); trace element preparations for use by animals; trace element preparations for human use; preparations of trace elements for human and animal use; tranquillizers; transdermal patches; triangular-shaped diapers (paper) for babies; triangular-shaped napkins (paper) for babies; turpentine for pharmaceutical purposes; udder creams for agricultural use; underpads for incontinents; underpants for sanitary purposes; urinary tract preparations; vaccine preparations; vaccines; vaginal lubricants; vaginal washes; vermifuges; vermin destroying preparations; vesicants; veterinary diagnostic reagents; veterinary preparations; veterinary preparations and substances; vine disease treating chemicals; viral vaccines; vitamin and mineral supplements; vitamin drinks; vitamin preparations; vitamin preparations in the nature of food supplements; vitamin supplements; vitamin supplements for animals; vitamin supplements for use in renal dialysis; vitamin tablets; vitamins for animals; vulnerary sponges; wadding for medical purposes; wart pencils; wart removing preparations; washes (disinfectant) (other than soap); washes (sterilizing); water (sea) for medicinal bathing; waters (mineral) for medical purposes; weedkillers; wheat blight (smut) (chemical preparations to treat); wheat germ dietary supplements; wheat smut (chemical preparations to treat); wipes for medical use; worm repellents for use on turf or grass; wound dressings; X-ray contrast agents; X-ray contrast media for medical use; yeast dietary supplements.

2. International registration No 1 224 226 is refused protection in respect of the European Union for all of the contested goods. It may proceed for the remaining goods.

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

REASONS:

The opponent filed an opposition against some of the goods of international registration designating the European Union No 1 224 226 for the figurative mark , namely against all the goods in Class 5. The opposition is based on the following earlier marks:

Austrian trade mark registration No 78 603 for the word mark ‘FRENTO’;
German trade mark registration No 991 583 for the word mark ‘FRENTO’;
Portuguese trade mark registration No 187 257 for the word mark ‘FRENTO’;
Greek trade mark registration No 83 960 for the word mark ‘FRENTO’;
Italian trade mark registration No 311 497 (No 1 579 561) for the word mark ‘FRENTO’.

The opponent invoked Article 8(1)(b) EUTMR in relation to all of the earlier marks. In addition, the opponent invoked Article 8(5) EUTMR in relation to earlier Austrian trade mark registration No 78 603.

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

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

The opposition is based on more than one earlier trade mark. The Opposition Division finds it appropriate to first examine the opposition in relation to the opponent’s Austrian trade mark registration No 78 603.

The goods

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

Class 5: Pharmaceutical and veterinary preparations and health care products; sunburn remedies; pet care products; diet foods for children and invalids; plasters, materials for dressings; first aid kits; tooth fillings and dental impression materials for dental treatment purposes; disinfectants; pesticides, insecticides, larvicides, fungicides, nematocides, acaricides, molluscicide, fumigants, soil fumigation preparations, fruit crop protection agents, preparations for the prevention of insect and bird damage; anthelmintic agents; preparations for destroying weeds and vermin; deodorants; air freshening and air purifying preparations; insect repellents; insecticidal collars, bands and medallions; soaps, bath additives and bath supplements for animals; sterilising agents; medicinal oils; medicinal feed additives.

The contested goods are the following:

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

The very broad range of the contested goods can be grouped as follows:

Dental preparations and articles: abrasive fluids for dental use; abrasive pads for dental purposes; adhesives for dental use; adhesives for dentures; alloys of precious metal for use in dentistry and dentistry technology; alloys of precious metals for dental purposes; amalgam for dental purposes; amalgams for dental use; cements for dental prostheses; ceramics for the construction of dentures; ceramics for use in the reconstruction of dentures; chromatic alginate dental impression material; colouring reagents for detecting dental plaque; conductive lacquer for dental purposes; corrosive agents for the surface treatment of teeth; crowns for use in dental restorative work; dental abrasives; dental adhesives; dental amalgams; dental amalgams of gold; dental bonding material; dental cement; dental cement for fillings; dental cements; dental ceramic material; dental ceramics; dental composite materials; dental composites; dental etching materials; dental impression materials; dental lacquer; dental mastics; dental materials for duplicating models of teeth; dental materials for making models of teeth; dental materials for packing the teeth; dental materials for stopping the teeth; dental preparations and articles; dental preparations for disclosing plaque; dental resins; dental sealants; dental stone; dental varnishes for sealing teeth; dental veneers for use in dental restoration; dental wax; dental wax for the preparation of dental moulds; dental waxes; denture base materials; adhesives for dentures; gold amalgam for dental purposes; dental amalgams of gold; gypsum for dental purposes; impression materials for dental purposes; imprinting for dental purposes; material for stopping teeth; materials for tooth fillings; modeling wax for dental purposes; molding wax for dentists; moulding wax for dentists; porcelain for dental prostheses; rubber for dental purposes; synthetic resins for use in dentistry; teeth filling material.

In comparison to the opponent’s tooth fillings and dental impression materials for dental treatment purposes, the contested goods in this group are identical (either because they are identically contained in both lists, including synonyms, such as dental impression materials; materials for tooth fillings, or because the opponent’s goods include, are included in, or overlap with, the contested goods, for instance the contested alloys of precious metals for dental purposes; amalgams for dental use; dental cement for fillings; dental sealants are included in the broader category of the opponent’s tooth fillings), or at least similar (for instance the contested abrasive fluids for dental use; abrasive pads for dental purposes; adhesives for dental use; crowns for use in dental restorative work; dental preparations for disclosing plaque porcelain for dental prostheses and the abovementioned opponent’s goods are directed at the same public, being dentists and dental technicians, move over the same distribution channels, being specialised outlets for dentistry supplies, and usually originate from the same manufacturers).

Sanitary or hygienic articles for humans or animals: absorbent articles for personal hygiene; absorbent diapers of cellulose for pets; absorbent diapers of paper for pets; absorbent sanitary articles; adult diapers; babies' diaperpants; babies' diapers of cellulose or paper; babies' diapers of paper; babies' disposable diaper pants of cellulose; babies' disposable diaper pants of paper; babies' disposable napkins made of paper; babies' disposable napkins made of cellulose; babies' napkin-pants; babies' napkin-pants (diaper-pants); babies' napkins (diapers); babies' napkins made of paper; babies' nappies (paper or cellulose); belts for sanitary napkins (towels); breast-nursing pads; diapers (babies' napkins); diapers for pets; diapers made of cellulose; diapers made of paper; disposable babies' napkins of paper; disposable babies' napkins of cellulose; disposable diapers; disposable diapers of cellulose for babies; disposable diapers of cellulose for incontinents; disposable diapers of paper for babies; disposable diapers of paper for incontinents; disposable liners of cellulose for napkins; disposable napkins for incontinents; disposable napkins made of paper for infants; disposable napkins of cellulose for babies; disposable napkins of cellulose for incontinents; disposable napkins of paper for babies; disposable napkins of paper for incontinents; disposable nappies; disposable nappies made of paper for infants; disposable nappies made of paper for babies; disposable nappies made of paper for incontinents; disposable nappies made of cellulose for infants; disposable nappies made of cellulose for babies; disposable nappies made of cellulose for incontinents; disposable pants of cellulose for holding a babies' napkin in place; disposable pants of paper for holding a babies napkin in place; disposable paper diapers; disposable training pants of cellulose for infants; disposable training pants of paper for infants; feminine hygiene products; hygienic bandages; hygienic lubricants; hygienic preparations and articles; incontinence diapers; incontinence pads; napkins for incontinents; pants, absorbent, for incontinents; infants' diapers (disposable) of paper; infants' diapers (disposable) of cellulose; infants' disposable diapers of paper; infants' disposable diapers of cellulose; infants' disposable training pants of cellulose; infants' disposable training pants of paper; knickers for sanitary purposes; menstruation bandages; menstruation knickers; menstruation tampons; napkin-pants (babies'); napkins (babies') (diapers); napkins for babies (paper); napkins for incontinents; nappies for babies and incontinents; nappies of cellulose for babies; nappies of paper for babies; nappies of paper for incontinents; nappy liners of cellulose for incontinents; nappy liners of paper for incontinents; nappy pants for incontinents; pads (breast-nursing); pads for feminine protection; pant liners for incontinents; panties (sanitary); pants, absorbent, for incontinents; pants (sanitary); panty liners (sanitary); pantyliners; paper diapers; paper diapers for babies; paper diapers for infants; paper nappies for babies; paper nappies for infants; protective liners for panties; protective panty liners; sanitary belts; sanitary knickers; sanitary napkins; sanitary pads; sanitary panties; sanitary pants; sanitary preparations for medical purposes; sanitary preparations for medical use; sanitary tampons; sanitary towels; sanitary wear; shaped napkins of cellulose for babies; shaped napkins of paper for babies; tampons; tampons (sanitary); towels (sanitary); triangular-shaped diapers (paper) for babies; triangular-shaped napkins (paper) for babies; underpads for incontinents; underpants for sanitary purposes.

In comparison to the opponent’s health care products, the contested goods in this group are identical (either because the opponent’s goods include, as a broader category, the contested goods such as the contested babies' diaperpants; diapers for pets; sanitary tampons; sanitary towels; sanitary wear, or because the contested goods, for instance hygienic lubricants overlap with the opponent’s goods).

Pest control preparations and articles, fungicides, herbicides: acaricides; adhesives (fly catching); agricultural pesticides; algae removing preparations; algicides; animal flea collars; animal repellent formulations; animal repellents; anthelmintics; anticryptogamic preparations; anti-fungal dermatological preparations for use on the nails; antifungal creams for medical use; antifungal preparations; anti-parasitic collars; anti-parasitic collars for animals; antiparasitic collars for animals; antiparasitic preparations; antiparasitics; aquatic herbicides; behaviour modifying chemicals for controlling pests; biocides; carbolineum (parasiticide); cat repellents; cedar wood for use as an insect repellent; chemical preparations for pesticidal purposes; chemical preparations for destroying vermin; chemical preparations for treating phylloxera; chemical preparations for treating mildew; chemical preparations to treat wheat smut; chemical preparations to treat wheat blight (smut); chemical preparations to treat mildew; repellents for dogs; flea collars; flea exterminating preparations; flea powders; flea sprays; fly catching adhesive; fly catching adhesives; fly catching paper; fly destroying preparations; fly glue; fly paper; chemicals for forestry (herbicides); chemicals for forestry (insecticides); chemicals for forestry (fungicides); chemicals for forestry (parasiticide); fungicidal fungal agents; fungicidal preparations; fungicides; fungicides for horticultural use; fungicides for killing vermin; fumigants; fumigating pastilles; fumigating sticks; fumigation preparations for medical purposes; glue coated strips for use against vermin; herbicides; insect attractants; insect exterminating agents; insect repellants; insect repellent agents; insect repellent incense; insect repellent preparations; insect repellents; insect repelling preparations; insect repelling tags; insecticidal preparations; insecticides; larvae exterminating preparations; larvae inhibiting preparations; larvicides; lice treatment preparations; marine antifoulants; preparations for destroying mice; preparations for killing weeds; mildewcides; miticides; mosquito repellent incenses; mosquito repellents; moss killers; moth repellents; mothballs; mothproof paper; mothproofing paper; mothproofing preparations; nail fungus treatment preparations; nematode pesticide; paper (mothproof); parasiticides; parasiticides for medical use; pastilles (fumigating); pest control preparations and articles; pesticides; pesticides for agricultural use; poisons; powders for killing fleas; powders for killing fleas on animals; preparations for controlling insects; preparations for destroying dry rot fungus; preparations for destroying noxious plants; preparations for destroying lice in the hair; preparations for destroying vermin; preparations for destroying mice; preparations for destroying insects; preparations for destroying noxious animals; preparations for preventing the formation of algae in water; pyrethrum powder; rat poison; raticides; repellents for animals; repellents for dogs; repellents (insect); rodenticides; slug exterminating preparations; soil conditioners (sterilisers); soil fumigating preparations; soil-sterilising preparations; sterilising (soil) preparations; sticks (fumigating); strychnine; tobacco extracts (insecticides); vermifuges; vermin destroying preparations; vine disease treating chemicals; weedkillers; wheat blight (smut) (chemical preparations to treat); wheat smut (chemical preparations to treat); worm repellents for use on turf or grass.

In comparison to the opponent’s fungicides; preparations for destroying weeds and vermin, the contested goods in this group are identical (either because they are identically contained in both lists, including synonyms, such as fungicides; weedkillers, or because the opponent’s goods include, are included in, or overlap with, the contested goods for instance the contested fungicides for horticultural use are included in the broader category of the opponent’s fungicides; the contested nematode pesticide; parasiticides are included in the broader category of the opponent’s preparations for destroying vermin, the contested behaviour modifying chemicals for controlling pests; preparations for preventing the formation of algae in water cannot be clearly separated from the opponent’s preparations for destroying weeds and vermin) or at least similar (for instance the contested insect repellants and the opponent’s fungicides share the same purpose of pest control, they are directed at the same public, being for example professionals in the field of agriculture, horticulture, aquaculture, move over the same distribution channels, being for example specialised sales outlets dealing with pest/vermin control preparations, or agriculture supplies in general, and usually originate from the same manufacturers).

Medical and veterinary preparations and articles, including pharmaceuticals and natural remedies, live organs and tissues for surgical purposes, diagnostic preparations and materials: acetates for pharmaceutical purposes; acids for pharmaceutical purposes; acne cleansers (pharmaceutical preparations); acne creams (pharmaceutical preparations); aconitine; adjuvants for medical purposes; adrenal hormone preparations; alcohol for medicinal purposes; alcohol for pharmaceutical purposes; alcohol swabs for medical purposes; aldehydes for pharmaceutical purposes; alginates for pharmaceutical purposes; alkaline iodides for pharmaceutical purposes; alkaloids for medical purposes; allergy medications; allergy relief medication; milk of almonds for pharmaceutical purposes; aloe vera preparations for pharmaceutical purposes; aluminium acetate for pharmaceutical purposes; amino acids for medical purposes; amino acids for veterinary purposes; ammonia inhalants; anaesthetic preparations; anaesthetics; analgesic balm; analgesic preparations; analgesics; androgen preparations; angostura bark for medical purposes; anhidrotics; animal dips (preparations); animal semen for artificial insemination; animal sperm; animal washes; anoretics; antacid preparations; antacids; anti-allergy sprays; medicated anti-bacterial face washes; anti-bacterial pharmaceutical preparations; anti-malarials; anti-nauseants; anti-rheumatism bracelets; anti-rheumatism rings; anti-uric preparations; anti-viral agents; antiallergic medicines; antibacterial pharmaceuticals; antibiotic dermatological products; antibiotic food supplements for animals; antibiotic preparations; antibiotics; antibiotics for fish; antibiotics for human use; antibiotics for use in dentistry; antibiotics for veterinary use; antibiotics in the form of lotions; antibodies; antidepressants; antigens; antineoplastics; antioxidant pills; antioxidants; antiserums for diagnostic purposes; antitussives; antivirals; appetite stimulant preparations; appetite suppressant pills; appetite suppressants; appetite suppressants for medical purposes; articles for headache; artificial tears; aspirin; aspirin in tablet form; asthmatic tea; athletes' foot powders; attractants for pet animals; babies' creams (medicated); bacterial preparations for medical and veterinary use; bacteriological culture mediums; media for bacteriological cultures; bouillons for bacteriological cultures; bacteriological preparations for medical and veterinary use; balms for medical purposes; balsamic preparations for medical purposes; barks for pharmaceutical purposes; bath preparations for medical purposes; bath preparations, medicated; bath salts for medical purposes; beta blockers; bicarbonate of soda for pharmaceutical purposes; biological preparations for veterinary purposes; biological preparations for medical purposes; biological tissue cultures for veterinary purposes; biological tissue cultures for medical purposes; bismuth preparations for pharmaceutical purposes; bismuth subnitrate for pharmaceutical purposes; blood components; blood for medical purposes; blood plasma; blood protein fractions; blood substitutes; blood tonics; body creams (medicated); bone cement for medical purposes; bone cement for surgical and orthopaedic purposes; bone cements for orthopaedic purposes; bone cements for surgical purposes; bone fillers consisting of living materials; bouillons for bacteriological cultures; bracelets for medical purposes; bromine for pharmaceutical purposes; bronchial dilators; bronchodilating preparations; preparations for the treatment of burns; cachets for pharmaceutical purposes; cachou for pharmaceutical purposes; calamine lotion; preparations for callouses; calomel; camphor for medical purposes; camphor oil for medical purposes; candy for medical purposes; candy, medicated; powder of cantharides; medicated capillary lotions; capsules for medicines; capsules for pharmaceutical purposes; cardiovascular pharmaceutical preparations; cardiovascular pharmaceuticals; cardiovascular preparations; castor oil for medical purposes; cattle washes; caustic pencils; caustics for pharmaceutical purposes; cellulose esters for pharmaceutical purposes; cellulose ethers for pharmaceutical purposes; cellulose for pharmaceutical purposes; cement for animal hooves; charcoal for pharmaceutical purposes; chemical conductors for electrocardiograph electrodes; chemical conductors for use with electrocardiograph electrodes; chemical conductors for use with EKG electrodes; chemical contraceptive sponges; chemical contraceptives; chemical diagnostic reagents for medical use; chemical pessaries; chemical preparations for medical purposes; chemical preparations for the diagnosis of pregnancy; chemical preparations for the diagnosis of diabetes; chemical preparations for testing blood for medical purposes; chemical preparations for pharmaceutical purposes; chemical preparations for veterinary purposes; chemical preparations for use in DNA analysis (medical); chemical reagents for medical or veterinary purposes; chemical test reagents (medical); chemical test reagents (veterinary); chemicals for pharmaceutical use; chemico-pharmaceutical preparations; chemotherapeutics; chewing gum for medical purposes; chilblain preparations; chinoline for medical purposes; chloroform; chromatographic supports for medical use; cinchona for medical purposes; cleaning solvents for removing adhesive plasters; clinical medical reagents; cocaine; cold cream for medical use; collodion for pharmaceutical purposes; combinations of calcium salts for pharmaceutical use; compounds for treating cancer; compounds for treating correlated pulmonary syndromes; compounds for treating respiratory diseases; condurango bark for medical purposes; confectionery for medicinal purposes; confectionery, medicated; contraceptive foams; contraceptive preparations; contraceptive sponges; contrast media for use in medical imaging; codling sprays for medical purposes; cough mixtures; cough pastilles for medical use; cough syrups; cream of tartar for pharmaceutical purposes; medicated creams for the feet; medicated creams for the lips; creosote for pharmaceutical purposes; croton bark; croton bark for medical purposes; crystals for therapeutic purposes; culture media for medical use; culture media for veterinary use; cultures for medical use; cultures for veterinary use; cultures of microorganisms for medical and veterinary use; curare; curare for medical purposes; pharmaceutical preparations for treating dandruff; decoctions for pharmaceutical purposes; decongestant capsules; decongestant nasal sprays; decongestants; dementholized peppermint oil for medical purposes; demineralised water for medical purposes; dental anaesthetics; depuratives; dermatological pharmaceutical substances; dextrins for pharmaceutical use; chemical preparations for the diagnosis of pregnancy; diagnostic agents for pharmaceutical use; diagnostic chemical reagents for medical use; diagnostic preparations; diagnostic preparations for medical purposes; diagnostic reagents for medical use; diagnostic testing materials for medical use; diastase for medical purposes; digestants; digestive enzymes; digestives for pharmaceutical purposes; digitalin; dill oil for medical purposes; diluents for medical use; diuretic pharmaceutical preparations; diuretic preparations; diuretics; dog lotions; dog washes; dragees (medicines); drugs for medical purposes; ear drops; effervescent analgesic pharmaceutical preparations; effervescent vitamin tablets; chemical conductors for electrocardiograph electrodes; electrolyte solutions for medical use; elixirs for preventing chills; elixirs for preventing colds; elixirs for preventing throat infections; elixirs for relieving asthma; elixirs for relieving chills; elixirs for relieving colds; elixirs (pharmaceutical preparations); emmenagogues; epidermal growth factor preparations for the treatment of burns; ergot for pharmaceutical purposes; esters for pharmaceutical purposes; ethers for medical use; ethers for pharmaceutical purposes; ethical medicinal preparations; eucalyptus for pharmaceutical purposes; evacuants; evacuants (purgatives); evening primrose oil for medical use; expectorants; extracts of hops for pharmaceutical purposes; extracts of medicinal herbs; extracts of medicinal plants; eye drops; eye lotions for medical use; eye ointment for medical use; medicated face cream; medicated face scrubs; fat emulsions for medical infusions; fat emulsions for parenteral hyperalimentation; febrifuges; fennel for medical purposes; ferments for pharmaceutical purposes; filled syringes for medical purposes (containing pharmaceuticals); flowers of sulfur for pharmaceutical purposes; flowers of sulphur for pharmaceutical purposes; food esters for pharmaceutical purposes; medicated foot balms; medicated foot creams; remedies for foot perspiration; foot rot vaccines; formic aldehyde for pharmaceutical purposes; frostbite salve for pharmaceutical purposes; gallic acid for pharmaceutical purposes; gamboge for medical purposes; gas mixtures for medical use; gases for dental use; gases for medical purposes; gastroenteric preparations; gastrointestinal preparations; gelatine for medical purposes; gentian for pharmaceutical purposes; glucose for medical purposes; glucose preparations for medical purposes; glycerine for medical purposes; glycerophosphates; goulard water; greases for medical purposes; greases for veterinary purposes; guaiacol for pharmaceutical purposes; gum for medical purposes; gurjun balsam for medical purposes; gurjun (gurjon, gurjan) balsam for medical purposes; haematogen; haemoglobin; haemorrhoid preparations; haemostatic pencils; haemostatic preparations; hair growth stimulants; hand creams for medical use; medicated hand lotion; articles for headache; headache pencils; hematogen; hemoglobin; hemorrhoid preparations; hemorrhoidal ointments; hemostatic pencils; homeopathic medicines; homeopathic pharmaceuticals; extracts of hops for pharmaceutical purposes; hormone preparations for pharmaceutical use; hormones for medical purposes; human allograft tissue; human coagulation factors; human growth hormone; human immune globulin; human plasma protein; hydrastine; hydrastinine; hydrated chloral for pharmaceutical purposes; hypnotic sedatives; hypnotics; immunoassay reagents for medical use; immunomodulators; immunotherapeutic agents for bacterial infections; implantable materials for use in guided tissue regeneration; implantable medicines; implantable textile material to encourage the growth of tissue; implants comprising living tissue; implants for guided tissue regeneration; impregnated medicated pads; impregnated medicated swabs; impregnated medicated wipes; impregnated pads containing medicated preparations; in vitro gender prediction test kit; indicators for medical diagnosis; inhalants; iodides for pharmaceutical purposes; iodine; iodine for pharmaceutical purposes; iodoform; irish moss for medical purposes; isotopes for medical purposes; jalap; jujube, medicated; kretek (clove) cigarettes for medical use; lactose for pharmaceutical purposes; laxatives; lead water; leeches for medical purposes; preparations of lime for pharmaceutical purposes; liniments; linseed for pharmaceutical purposes; linseed meal for pharmaceutical purposes; lint for medical purposes; liquorice for pharmaceutical purposes; live organs and tissues for surgical purpose; local anaesthetics; lotions for pharmaceutical purposes; lotions for veterinary purposes; lozenges for pharmaceutical purposes; lubricants for medical use; lubricants for surgical purposes; lubricating agents for medical use; lupulin for pharmaceutical purposes; magnesia for pharmaceutical purposes; magnesium hydroxide for medicinal use; magnesium oxide for medical use; magnesium salts for pharmaceutical use; magnesium sulphate for pharmaceutical use; malt albumin for pharmaceutical use; malt extracts for pharmaceutical use; malt for pharmaceutical purposes; malted milk beverages for medical purposes; mangrove bark for pharmaceutical purposes; materials for surgical casts; meal for pharmaceutical purposes; media for bacteriological cultures; medical and veterinary preparations and articles; medical diagnostic reagents; medical mouthwashes; medical preparation for slimming purposes; medical preparations for slimming purposes; medicated additives for animal foods; medicated additives for animal feeds; medicated anti-cavity dental rinses; medicated baby powders; medicated balms; medicated bath preparations; medicated candies; medicated candy; medicated chewing gum; medicated confectionery; medicated creams; medicated creams for application after exposure to the sun; medicated creams for the care of the feet; medicated dental rinses; medicated food supplements; medicated foot powder; medicated isotonic drinks; medicated lip balm; medicated lotions for the hands; medicated mouth spray; medicated mouth wash; medicated mouth washes; medicated mouthwash; medicated ointments for application to the skin; medicated skin creams; medicated skin lotions; medicated sugar; medicated supplements for animal feedstuffs; medicated supplements for foodstuffs for animals; medicated swabs; medicated talcum powder; medicated throat sprays; medicinal alcohol; medicinal beverages; medicinal creams for skin care; medicinal creams for the protection of the skin; medicinal drinks; medicinal hair growing preparations; medicinal hair growth preparations; medicinal herb extracts; medicinal herbal extracts for medical purposes; medicinal mud; medicinal oils; medicinal ointments; medicinal preparations for the mouth and as sprays; medicinal preparations for stimulating hair growth; medicinal roots; medicinal sediment (mud); medicine cases, portable, filled; medicine tonics; medicines for alleviating constipation; medicines for animals; medicines for dental purposes; medicines for human purposes; medicines for veterinary purposes; melissa water for pharmaceutical purposes; menthol; menthol for pharmaceutical purposes; mercurial ointments; mercurial ointments for medical use; cultures of microorganisms for medical and veterinary use; nutritive substances for microorganisms; preparations of microorganisms for medical and veterinary use; milk ferments for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; milk sugar; milk sugar for pharmaceutical purposes; milking grease; mineral salts for baths; mineral salts for medical purposes; mineral water salts; mint for pharmaceutical purposes; mixed vitamin preparations; moist paper hand towels impregnated with a pharmaceutical lotion; moist wipes impregnated with a pharmaceutical lotion; moisturising body lotion (pharmaceutical); moisturising creams (pharmaceutical); motion sickness treatment preparations; mouth rinses for medical use; mouth sprays for medical use; mouthwashes for medical purposes; mouthwashes (gargles) for medical purposes; mud for baths; multi-vitamin preparations; multivitamin preparations; multivitamins; muscle relaxants; mustard for pharmaceutical purposes; mustard oil for medical purposes; mustard plasters; mustard poultices; mustard powder for medical purposes; mustard preparations for medical purposes; myrobalan bark for pharmaceutical purposes; nappy cream (medicated); narcotics; nasal decongestants; nasal drops for the treatment of allergies; nasal spray for the treatment of allergies; nervines; night creams (medicated); nutritive substances for microorganisms; oil of turpentine for pharmaceutical purposes; oils (medicinal); ointments for pharmaceutical purposes; ophthalmic muscle relaxants; ophthalmic preparations; ophthalmologic preparations; ophthalmological preparations; opiates; opium; opodeldoc; opotherapy preparations; oral contraceptives; organotherapy preparations; orgasm creams; preparations for predicting ovulation; oxygen baths; oxygen for medical purposes; ozone for medical use; pads impregnated with medicated preparation; pain relief medication; pain relieving creams; paper for mustard plasters; paper for mustard poultices; paracetamol; pastilles for pharmaceutical purposes; pearl powder for medical purposes; pectin for pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for pharmaceutical purposes; personal sexual lubricants; petroleum jelly for medical purposes; pharmaceutical compositions; pharmaceutical creams; pharmaceutical implants; pharmaceutical lipsalves; pharmaceutical preparations for veterinary use; pharmaceutical preparations for animal skincare; pharmaceutical preparations in strip form; pharmaceutical preparations for animals; pharmaceutical preparations for skin care; pharmaceutical preparations for treating dandruff; pharmaceutical preparations; pharmaceutical preparations for the treatment of cancer; pharmaceutical products for skin care for animals; pharmaceutical skin lotions; pharmaceutical sweets; pharmaceuticals; pharmaceuticals and natural remedies; pharmaceuticals for the treatment of erectile dysfunction; phenol for pharmaceutical purposes; pheromones; pheromones for medical use; phosphates for pharmaceutical purposes; plant extracts for pharmaceutical use; plasma (blood); plasters (mustard); pomades for medical purposes; potassium salts for medical purposes; poultices; poultices (mustard); powder of cantharides; chemical preparations for the diagnosis of pregnancy; pregnancy testing preparations; preparations for callouses; preparations for facilitating sexual coupling; preparations for inhibiting sexual coupling; preparations for ocular lubrication; preparations for preventing nail biting; preparations for preventing sucking of the fingers; preparations for reducing sexual activity; preparations for the diagnosis of ovulation; preparations for the diagnosis of pregnancy; preparations for the treatment of burns; preparations for use in naturopathy; preparations for use in vaginal lubrication; preparations of lime for pharmaceutical purposes; preparations of microorganisms for medical and veterinary use; preparations of trace elements for human and animal use; preparations of vitamins; preparations to facilitate teething; probiotic bacterial formulations for medical use; probiotic bacterial formulations for veterinary use; medicated protective creams; purgatives; quassia for medical purposes; quebracho bark for medical use; quebracho for medical purposes; quinine for medical purposes; quinquina for medical purposes; medicated agents for treating radiation sickness; radio-isotope markers for therapeutic or diagnostic use; radioactive elements for medical use; radioactive materials for medical purposes; radioactive preparations veterinary diagnosis; radioactive substances for medical purposes; radiological contrast substances for medical purposes; radiopharmaceutical products; radiotherapeutic hormones; radium for medical purposes; reactants for medical diagnosis; reactants for veterinary diagnosis; reagent paper for medical or veterinary purposes; reagents (chemical) for medical or veterinary purposes; reagents for analytical purposes (for medical purposes); reagents for analytical purposes (for veterinary purposes); reagents for blood grouping (for medical purposes); reagents for in-vitro laboratory use (for veterinary purposes); reagents for in-vitro laboratory use (for medical purposes); reagents for microbiological analysis (for veterinary purposes); reagents for microbiological analysis (for medical purposes); reagents for use in analysis (for veterinary purposes); reagents for use in analysis (for medical purposes); reagents for use in diagnostic pregnancy tests; reagents for use in diagnostic tests (for medical purposes); reagents for use in diagnostic tests (for veterinary purposes); reagents for use with analyzers (for veterinary purposes); reagents for use with analyzers (for medical purposes); preparations for reducing sexual activity; remedies for foot perspiration; remedies for perspiration; rhubarb roots for pharmaceutical purposes; rings (anti-rheumatism); roots (medicinal); royal jelly for pharmaceutical purposes; rubbing alcohol; salts for medical purposes; salts for mineral water baths; salts (mineral water); salves (medicated); sarsaparilla beverages (medicinal); sarsaparilla for medical purposes; scalp treatments (medicated); scapulars for surgical purposes; sea water for medicinal bathing; sedatives; sediment (medicinal) (mud); semen for artificial insemination; serotherapeutic medicines; serums; sexual stimulant gels; sheep dips; siccatives (drying agents) for medical purposes; siccatives for medical purposes; skeletal muscle relaxants; skin care creams for medical use; skin care lotions (medicated); pharmaceutical preparations for skin care; skin grafts; skin patches for the transdermal delivery of pharmaceuticals; skin tonics (medicated); skin treatment (medicated) for animals; slimming pills; medical preparations for slimming purposes; smelling salts; smoking herbs for medical purposes; sodium salts for medical purposes; solid oxygen for medical use; solidified gases for medical purposes; solutions for medical use in washing the nasal passages; solvents for removing adhesive plasters; soporifics; spermicidal creams; spermicidal gels; spermicides; spermicides for application to condoms; sponge material for healing wounds; sponges for healing wounds; sponges (vulnerary); sporicides; spring water for medical purposes; stem cells; stem cells for medical purposes; stem cells for veterinary purposes; steroids; stick liquorice for pharmaceutical purposes; styptic pencils; styptic preparations; sugar for medical purposes; sulfonamide preparations; sulfonamides (medicines); sulphonamides as medicines; sulphonamides (medicines); sunburn ointments; sunburn preparations for pharmaceutical purposes; suppositories; surgical cements; surgical cloth (tissues); surgical dressings; surgical glues; surgical implants grown from stem cells (living tissues); surgical implants (living tissues); surgical spirits; surgical tissues; swabs for medical use; sweets for medicinal purposes; synthetic material for use in setting bones; synthetic material for use in producing casts; synthetic resins for medical use; syrups for pharmaceutical purposes; talcum powder (medicated) for babies; tanning pills; tartar for pharmaceutical purposes; teat dips for dairy cows; teething (preparations to facilitate); test strips for measuring blood glucose levels; therapeutic creams (medical); therapeutic medicated bath preparations; therapeutic preparations for the bath; thermal water; throat sprays (medicated); thymol for pharmaceutical purposes; tincture of iodine; tinctures for medical purposes; tisanes (medicated beverages); tissue-regenerative pharmaceutical preparations; tissues for medical use; tissues for surgical use; tissues impregnated with pharmaceutical lotions; tissues (surgical); tobacco-free cigarettes for medical purposes; tobacco substitutes for medical purposes; tonics (medicines); topical analgesic creams; topical anti-infective substances for the treatment of infections of the eye; topical ophthalmic anti-infective substances for the treatment of infections; trace element preparations for use by animals; trace element preparations for human use; preparations of trace elements for human and animal use; tranquillizers; transdermal patches; turpentine for pharmaceutical purposes; udder creams for agricultural use; urinary tract preparations; vaccine preparations; vaccines; vaginal lubricants; vaginal washes; vesicants; veterinary diagnostic reagents; veterinary preparations; veterinary preparations and substances; viral vaccines; vitamin and mineral supplements; vitamin drinks; vitamin preparations; wart pencils; wart removing preparations; water (sea) for medicinal bathing; waters (mineral) for medical purposes; wipes for medical use; X-ray contrast agents; X-ray contrast media for medical use.

In comparison to the opponent’s pharmaceutical and veterinary preparations and health care products, the contested goods belonging in this group are identical (either because they are identically contained in both lists, including synonyms, such as pharmaceutical and veterinary preparations, or because the opponent’s goods include, are included in, or overlap with, the contested goods, for instance the contested acetates for pharmaceutical purposes; anaesthetics; antibiotic preparations; cardiovascular pharmaceuticals; compounds for treating respiratory diseases; diagnostic agents for pharmaceutical use; filled syringes for medical purposes (containing pharmaceuticals); haemostatic pencils; gastrointestinal preparations; immunotherapeutic agents for bacterial infections; live organs and tissues for surgical purpose; medicinal creams for the protection of the skin; mineral salts for medical purposes; ointments for pharmaceutical purposes; probiotic bacterial formulations for veterinary use; reagents for use in analysis (for medical purposes); viral vaccines are included in the broader category of the opponent’s pharmaceutical and veterinary preparations, the contested antioxidants; dill oil for medical purposes; multi-vitamin preparations; vitamin and mineral supplements; vitamin drinks overlap with the aforementioned opponent’s goods; although the contested cachets for pharmaceutical purposes; capsules for medicines serve the purpose of carrying a unit dose of unpleasant medicinal substance so that it can be taken orally, and the contested paper for mustard plasters; paper for mustard poultices are semi-finished goods intended for manufacturing of such plasters/poultices, and therefore these goods are mainly directed at the pharmaceutical industry, the opponent’s health care products encompass such semi-finished goods and, therefore, the aforementioned contested goods are included in the broader category of the opponent’s health care products).

Medical dressings and coverings: absorbent cotton; absorbent cotton wadding; absorbent cotton wool (for medical purposes); absorbent wadding; adhesive backed films for medical purposes; adhesive band for medical use; adhesive bandages; adhesive bands for medical purposes; adhesive compositions for medical use; adhesive dressing strips; adhesive dressings; adhesive films for medical use; adhesive patches for medical purposes; adhesive plaster; adhesive plasters; adhesive skin patches for medical use; adhesive strips for medical purposes; adhesive tapes for medical purposes; adhesives for affixing prostheses; bandages for dressings; bandages for making casts; bandages for skin wounds; bandages for the oral cavity; bandages for the prevention of blisters; adhesive bands, for medical purposes; bunion pads; cellulose wadding for medical purposes; cellulose wool for medical use; compresses; compresses for use as dressings; compression bandages (dressings); corn pads; corn plasters; corn remedies; corn rings for the feet; court plaster; cotton for medical purposes; cotton wool for medical purposes; cotton wool for pharmaceutical purposes; cotton wool for surgical use; cotton wool in the form of sticks for medical use; cotton wool in the form of buds for medical use; cotton wool swabs for medical use; double-sided adhesive tapes for medical use; dressing retention materials; dressings for wounds; dressings, medical; elastic bandages (dressings); elastic dressings; eye patches for medical purposes; eyepatches for medical purposes; first aid dressings; gauze compresses; gauze for dressings; gauzes for use as dressings; gummed taffeta plasters; materials for dressings; medical dressings; medical dressings, coverings and applicators; medical wound dressings; medicated plasters; moleskin for use as a medical bandage; moleskin for medical purposes; pads (bunion); plasters; plasters (dressings); plasters for medical purposes; plasters incorporating a magnet; plasters, materials for dressings; pressure bandages (dressings); self adhesive dressings; sterilized dressing; sticking plasters; taffeta plasters (gummed); tapes (adhesive), for medical purposes; tapes for strapping (medical); tapes for varicose veins; vulnerary sponges; wadding for medical purposes; wound dressings.

In comparison to the opponent’s plasters, materials for dressings, the contested goods in this group are identical (either because they are identically contained in both lists, including synonyms, namely plasters, materials for dressings, or because the opponent’s goods include, are included in, or overlap with, the contested goods, for instance the contested plasters incorporating a magnet; adhesive plasters are included in the broader category of the opponent’s plasters, the contested medical wound dressings are included in the opponent’s broader category of materials for dressings, the contested adhesive band for medical use overlap with the aforementioned opponent’s goods), or at least similar (for instance the contested corn pads; corn rings for the feet; eyepatches for medical purposes and the opponent’s plasters, materials for dressings share the same purpose of covering a wound etc., they have similar methods of use, they are directed at the same public, being doctors, nurses, move over the same distribution channels, being for example outlets dealing with health-care supplies, and usually originate from the same manufacturers).

Deodorisers and air purifiers: air deodorants; air deodorizing preparations; air deodorizer; air purifying preparations; deodorants for clothing and textiles; deodorants for clothing and textiles; deodorants, other than for human beings or for animals; fabric deodorisers; fabric deodorizers; odour absorbing materials; preparations for deodorising the air; preparations for the neutralising of odours; shoe deodorizers; deodorants for clothing and textiles.

In comparison to the opponent’s deodorants; air freshening and air purifying preparations, the contested goods in this group are identical (either because they are identically contained in both lists for instance air purifying preparations, or because the opponent’s goods include, or overlap with, the contested goods, for instance the contested air deodorizing preparations; air deodorizer; deodorants for clothing and textiles; deodorants, other than for human beings or for animals; fabric deodorisers; preparations for deodorising the air; shoe deodorizers are included in the broader category of the opponent’s deodorants, the contested odour absorbing materials overlap with the opponent’s deodorants).

Feed additives: dietary supplements for animals; dietetic food adapted for veterinary use; dietetic substances adapted for veterinary use; enzyme preparations for veterinary purposes; enzymes for veterinary purposes; feeding stimulants for animals; food additives (medicated) for animals; mineral dietary supplements for animals; mineral supplements for feeding livestock; protein supplements for animals; vitamin supplements for animals; vitamins for animals.

In comparison to the opponent’s medicinal feed additives, the contested goods in this group are identical (either because they are synonymous to the opponent’s goods, such as food additives (medicated) for animals, or because the opponent’s goods include, or overlap with, the contested goods, for instance the contested enzyme preparations for veterinary purposes; feeding stimulants for animals; mineral dietary supplements for animals; protein supplements for animals; vitamin supplements for animals overlap with the opponent’s medicinal feed additives), or at least similar (for instance the contested dietetic food adapted for veterinary use and the opponent’s goods have the same purpose of improving the health condition in animals (pets, livestock), very similar methods of use, they are directed at the same public, such as pet owners, cattle farmers, move over the same distribution channels and usually originate from the same manufacturers).

Dietary supplements and dietetic preparations, food for babies: albumin dietary supplements; albuminous foodstuffs for medical purposes; albuminous preparations for medical purposes; alginate dietary supplements; anti-oxidant food supplements; artificial sweeteners adapted for diabetics; artificial tea (for medicinal use); babies' food; baby food; baby foods; beverages adapted for medicinal purposes; beverages for infants; bread (diabetic -) adapted for medical use; bread products for diabetics; by products of the processing of cereals for dietetic or medical purposes; casein dietary supplements; cereals prepared for use as invalids' foods; cod liver oil; cod-liver oil drops; colostrum supplements; diabetic bread adapted for medical use; dietary and nutritional supplements; dietary fiber; dietary fibre; dietary food supplements; dietary supplemental drinks; dietary supplements; dietary supplements and dietetic preparations; dietary supplements for humans; dietary supplements for infants; dietary supplements for medical use; dietetic beverages adapted for medical purposes; dietetic confectionery adapted for medical purposes; dietetic food adapted for medical use; dietetic food preparations adapted for medical purposes; dietetic foods adapted for infants; dietetic foods adapted for medical purposes; dietetic foods adapted for invalids; dietetic foods for medicinal purposes; dietetic foods for use in clinical nutrition; dietetic foodstuffs for medical purposes; dietetic infusions for medical use; dietetic preparations adapted for medical use; dietetic products for medical purposes; dietetic substances adapted for medical use; dietetic substances for babies; dietetic sugar for medical use; edible fish oils for medical purposes; enzyme dietary supplements; enzyme preparations for medical purposes; enzymes for medical purposes; fish meal for pharmaceutical purposes; fish oil for medical purposes; flaxseed dietary supplements; flaxseed for pharmaceutical purposes; flaxseed meal for pharmaceutical purposes; flaxseed oil dietary supplements; flour for pharmaceutical purposes; food for babies; food for diabetics; food for infants; food for medically restricted diets; food supplements for dietetic use; food supplements for medical purposes; foodstuffs for diabetics (specially made for); ginseng for medicinal use; glucose dietary supplements; health food supplements for persons with special dietary requirements; health food supplements made principally of vitamins; health food supplements made principally of minerals; herb teas for medicinal purposes; herbal beverages for medicinal use; herbal compounds for medical use; herbal dietary supplements for persons special dietary requirements; herbal medicine; herbal tea for medicinal use; herbal teas for medicinal purposes; herbs for medicinal purposes; infant formula; lacteal flour for babies; lactose free infant's formula; lecithin dietary supplements; lecithin for medical purposes; linseed dietary supplements; linseed oil dietary supplements; meal replacement powders; medicinal herbs; medicinal infusions; medicinal tea; milk powder for babies; milk powders (foodstuff for babies); mineral dietary supplements for humans; mineral drinks (medicated); mineral food supplements; mineral supplements to foodstuffs; mineral waters for medical purposes; nutraceuticals for use as a dietary supplement; nutritional supplements; oil (cod liver); pollen dietary supplements; powdered milk foods for infants; powdered milk for babies; preparations for use as additives to food for human consumption (medicated); propolis dietary supplements; propolis for pharmaceutical purposes; protein dietary supplements; royal jelly dietary supplements; starch for dietetic or pharmaceutical purposes; substitutes for mothers milk; sugar substitutes for diabetics; vitamin preparations in the nature of food supplements; vitamin supplements; vitamin supplements for use in renal dialysis; vitamin tablets; wheat germ dietary supplements; yeast dietary supplements.

In comparison to the opponent’s diet foods for children and invalids, the contested goods in this group are identical (either because the opponent’s goods include, are included in, or overlap with, the contested goods for instance the contested food for babies overlaps with the opponent’s diet foods for children; the contested dietetic substances adapted for medical use include, as a broader category, the opponent’s diet foods for invalids, and the Opposition Division cannot dissect ex officio the broad category of the contested goods, the contested foodstuffs for diabetics (specially made for) are included in the broader category of the opponent’s diet foods for children and invalids), or at least similar (for instance the contested albumin dietary supplements; dietary supplements; enzyme dietary supplements; mineral dietary supplements for humans; vitamin preparations in the nature of food supplements and the opponent’s diet foods for children and invalids have a very similar purpose of improving the health condition in humans, they are directed at the same public, being the public at large and medical professionals, nutrition specialists, move over the same distribution channels, such as health shops, drug stores or pharmacies, and usually originate from the same manufacturers).

Disinfectants: anti-bacterial preparations; anti-microbial preparations; antibacterial hand wash; antimicrobial mouthwashes; antiseptic body care preparations; antiseptic cleansers; antiseptic cotton; antiseptic mouthwashes; antiseptic ointments; antiseptic preparations; antiseptic preparations for wound care; antiseptic sprays in aerosol form for use on hard surfaces; antiseptic sprays in aerosol form for use on the skin; antiseptic washing preparations; antiseptics; antiseptics with prophylactic effect; antiseptics with therapeutic effect; aseptic cotton; bacteria poisons; bacteria removers; bacterial poisons; bactericides; cleaners (preparations) for sterilising dental instruments; cleaners (preparations) for sterilising surgical instruments; cleaning cloths impregnated with disinfectant for hygiene purposes; cleaning preparations for contact lenses; collyrium; contact lens cleaning preparations; contact lens disinfectants; contact lens solutions; solutions for use with contact lenses; dental rinse; detergents for medical purposes; disinfectant dressings; disinfectant swabs; disinfectants; disinfectants and antiseptics; disinfectants for chemical toilets; disinfectants for contact lenses; disinfectants for household use; disinfectants for hygiene purposes; disinfectants for hygienic purposes; disinfectants for medical instruments; disinfectants for veterinary use; disinfectants impregnated into tissues; disinfectants (other than disinfectant soap); disinfecting hand wash; disposable sanitizing wipes; douching preparations for medical purposes; eye-washes; germicidal preparations (other than soap); germicides; hydrogen peroxide for medical purposes; impregnated antiseptic wipes; sanitizers for household use; sanitizing wipes; solutions for contact lenses; solutions for disinfecting contact lenses; solutions for neutralizing contact lenses; solutions for rinsing contact lenses; solutions for sterilising contact lenses; solutions for use with contact lenses; sterile plastic films for use as bandaging; sterile solutions for medical purposes; sterilising agents; sterilising preparations; sterilising solutions; sterilising substances; sticks (sulphur) (disinfectants); substances in tablet form for use in the sterilisation of water; sulfur sticks (disinfectants); sulphur sticks as disinfectants; sulphur sticks (disinfectants); washes (disinfectant) (other than soap); washes (sterilizing).

In comparison to the opponent’s disinfectants, the contested goods in this group are identical (either because they are identically contained in both lists, including synonyms, such as disinfectants, or because the opponent’s goods include, or overlap with, the contested goods, for instance the contested disinfectants for contact lenses; disinfectants for household use; disinfectants for hygiene purposes are included in the opponent’s broader category of disinfectants; the contested anti-microbial preparations; antiseptic body care preparations; dental rinse; disinfectant dressings; eye-washes; hydrogen peroxide for medical purposes; sterile solutions for medical purposes; washes (sterilising) overlap with the opponent’s disinfectants).

First aid kits: filled first aid kits; first-aid boxes, filled; first aid boxes sold filled; first-aid kits; portable first-aid kits.

In comparison to the opponent’s first aid kits, the contested goods in this group are identical (either because they are identically contained in both lists, including synonyms, such as filled first aid kits; first-aid boxes, filled; first aid boxes sold filled; first-aid kits, or because the opponent’s goods include the contested goods as a broader category, such as portable first-aid kits).

Conclusion on the comparison of goods

It follows that all of the contested goods are identical or at least similar to the opponent’s goods.

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 relevant goods are directed at the public at large and at business customers with specific professional knowledge or expertise in the fields of healthcare, veterinary medicine, pharmaceutical industry, or pest control.

It is apparent from the case-law that, insofar as pharmaceutical preparations are concerned, the relevant public’s degree of attention is relatively high, whether or not issued on prescription (15/12/2010, T-331/09, Tolposan, EU:T:2010:520, § 26; 15/03/2012, T-288/08, Zydus, EU:T:2012:124, § 36 and cited case-law). In particular, medical professionals have a high degree of attentiveness when prescribing medicines. Non-professionals also have a higher degree of attention, regardless of whether the pharmaceuticals are sold without prescription, as these goods affect their state of health.

In addition, the impact on safety of goods covered by a trade mark (such as poisonous substances for vermin extermination) may result in an increase in the relevant consumer’s degree of attention.

All in all, the degree of attention may vary from average to high, depending on the specialised nature of the goods, their impact on the consumer’s health, the frequency of purchase and their price.

The signs

FRENTO

Earlier trade mark

Contested sign

The relevant territory is Austria.

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 consists of the word ‘FRENTO’. The contested sign comprises the word ‘FRENATO’ in slightly stylised typeface (white letters with black double-borders in title case). Neither of these words has any meaning in German. They will be perceived as fanciful terms for the goods at issue, having an average degree of inherent distinctiveness.

The contested sign’s verbal element is depicted within a figurative device, consisting in basic shapes, namely two curved lines, a black rectangle marking the bottom side of the sign and a large rectangle encompassing all of the foregoing. Given the merely decorative nature and commonplace character of curvilinear shapes and rectangles on product packaging on the relevant market, it is considered that they have almost no capacity to indicate commercial origin. Although the specific arrangement of these individual shapes is arbitrary, the distinctiveness of the contested sign’s figurative elements is weak.

Moreover, it has to be borne in mind that, when signs consist of both verbal and figurative components, in principle, the verbal component of the sign usually has a stronger impact on the consumer than the figurative component. This is because the public does not tend to analyse signs and will more easily refer to the signs in question by their verbal element than by describing their figurative elements (14/07/2005, T-312/03, Selenium-Ace, EU:T:2005:289, § 37).

Visually, the signs coincide in the letters ‘FREN*TO’ which constitute the entirety of the earlier mark and appear, in the same order, in the contested sign’s most distinctive element, ‘FRENATO’, albeit in a slightly stylised depiction. In addition to this, the contested sign differs in that it contains an additional letter, ‘A’, in the middle of the shared six-letter sequence, and the weak figurative elements. Therefore, the signs are highly similar.

Aurally, the pronunciations of the signs coincide in the sound of the letters ‛FREN*TO’, present identically in both signs. Since the figurative elements of the contested sign will not be referred to aurally, the pronunciation of the contested sign only differs in the vowel ‘A’ in the middle of the shared six-phoneme sequence. Therefore, the signs are highly similar.

Conceptually, neither of the signs has a meaning for the public in the relevant territory. As regards the figurative elements of the contested sign, they will not be associated with any relevant semantic content. 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.

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 in relation to veterinary preparations and health care products; pesticides, insecticides, larvicides, preparations for the prevention of insect and bird damage; insecticidal collars, bands and medallions; soaps, bath additives and bath supplements for animals in Class 5. 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 has no meaning for any of the goods in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal.

Global assessment, other arguments and conclusion

The contested goods are identical or at least similar to the opponent’s goods. The signs show striking similarities, both visually and aurally, on account of the fact that the contested sign comprises a verbal element that differs from the sole element of the earlier mark in one letter/sound appearing in a rather inconspicuous position. That difference, being conceptually neutral, can go unnoticed by the average consumer, whether the general public or professionals.

Account is taken of the fact that average consumers rarely have the chance to make a direct comparison between different marks, but must trust in their imperfect recollection of them (22/06/1999, C-342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 26). 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).

As explained in section c) of this decision, the figurative element of the contested sign has a very limited impact on its overall impression. Moreover, it has to be pointed out that it is common practice, on 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 their trade mark with a new image. Therefore, consumers are well accustomed to word marks being stylised and depicted in logotypes.

In an overall assessment of the relevant factors of the case, and based on the average degree of inherent distinctiveness of the earlier mark, it is concluded that the differences identified between the signs are clearly insufficient for enabling the relevant public to safely distinguish between the signs, even where the degree of attention is enhanced.

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 Austrian trade mark registration No 78 603. It follows that the contested trade mark must be rejected for all the contested goods.

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

As earlier Austrian trade mark registration No 78 603 leads to the success of the opposition and to the rejection of the contested trade mark for all the goods against which the opposition was directed, there is no need to examine the other earlier rights invoked by the opponent (16/09/2004, T-342/02, Moser Grupo Media, S.L., EU:T:2004:268).

Since the opposition is fully successful on the basis of the ground of Article 8(1)(b) EUTMR, there is no need to further examine the other ground of the opposition, namely Article 8(5) EUTMR.

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

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

The Opposition Division

Natascha GALPERIN

Solveiga BIEZA

Julie GOUTARD

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.

Leave Comment Cancel reply