OPPOSITION DIVISION
OPPOSITION No B 2 786 609
Νορα Μπενρουμπη and Αλικη Μπενρουμπη, Αρετησ Γραικου 4, 15237 Φιλοθεη
Αττικησ, Greece (opponents), represented by Μαργκω Χατζηνικολη, Σολωνοσ 74,
10680 Αθηνα, Greece (professional representative)
a g a i n s t
Izy, 78 rue Garibaldi, 94100 Saint Maur des Fosses, France, (holder), represented by
Gerard-Gabriel Lamoureux, 8 rue de Berne, 75008 Paris, France (professional
representative).
On 09/11/2017, the Opposition Division takes the following
DECISION:
1. Opposition No B 2 786 609 is upheld for all the contested goods, namely:
Class 8: Hand-operated hand tools and implements; cutlery, forks and
spoons; side arms, other than firearms; razors; apparatus for
slaughtering butchers’ animals; hand-operated hand tools; clippers
(hand implements).
Class 21: Utensils and containers for household or kitchen use; combs and
sponges; brushes (except paintbrushes); brush-making materials;
hand-operated cleaning instruments; steel wool; unworked or semi-
worked glass (except building glass); porcelain ware; earthenware;
bottles; works of art of porcelain, ceramic, earthenware or glass;
statues or figurines (statuettes) of porcelain, ceramic, earthenware or
glass; toilet utensils or cases; trash cans; glasses (receptacles);
tableware.
2. International registration No 1 307 789 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 620.
PRELIMINARY REMARK
As from 01/10/2017, Regulation (EC) No 207/2009 and Regulation (EC) No 2868/95
have been repealed and replaced by Regulation (EU) 2017/1001 (codification),
Delegated Regulation (EU) 2017/1430 and Implementing Regulation (EU)
2017/1431, subject to certain transitional provisions. All the references in this
decision to the EUTMR, EUTMDR and EUTMIR shall be understood as references to
the Regulations currently in force, except where expressly indicated otherwise.
Decision on Opposition No B 2 786 609 page: 2 of 10
REASONS
The opponents filed an opposition against some of the goods of international
registration designating the European Union No 1 307 789 for the word mark ‘IZY’,
namely against all the goods in Classes 8 and 21. The opposition is based on
European Union trade mark registration No 12 020 781 for the figurative mark
. The opponents invoked Article 8(1)(a) and (b) EUTMR.
LIKELIHOOD OF CONFUSION — ARTICLE 8(1)(b) EUTMR
A likelihood of confusion exists if there is a risk that the public might believe that the
goods or services in question, under the assumption that they bear the marks in
question, come from the same undertaking or, as the case may be, from
economically linked undertakings. Whether a likelihood of confusion exists depends
on the appreciation in a global assessment of several factors, which are
interdependent. These factors include the similarity of the signs, the similarity of the
goods and services, the distinctiveness of the earlier mark, the distinctive and
dominant elements of the conflicting signs, and the relevant public.
a) The goods
The goods on which the opposition is based are the following:
Class 8: Hand tools and implements (hand-operated); cutlery; side arms; razors;
border shears; thistle extirpators [hand tools]; stropping instruments;
whetstone holders; leather strops; sharpening instruments; sharpening
stones; grindstones [hand tools]; whetstones; cattle stunning apparatus;
lifting jacks, hand-operated; pickaxes; pickaxes; holing axes; picks [hand
tools]; picks [hand tools]; wire strippers [hand tools]; abrading instruments
[hand instruments]; implements for decanting liquids [hand tools];
depilation appliances, electric and non-electric; hair-removing tweezers;
embossers [hand tools]; silver plate [knives, forks and spoons]; numbering
punches; draw wires [hand tools]; egg slicers, non-electric; ear piercing
apparatus; sledgehammers; masons’ hammers; needle-threaders; needle
files; beard clippers; agricultural implements, hand-operated; gouges [hand
tools]; hollowing bits [parts of hand tools]; graving tools [hand tools]; fulling
tools [hand tools]; squares [hand tools]; mortars for pounding; annular
screw plates; instruments for punching tickets; punches [hand tools];
centre punches [hand tools]; perforating tools [hand tools]; forks; borers;
scythe rings; scythes; sickles; grafting tools [hand tools]; budding knives;
milling cutters [hand tools]; diggers [hand tools]; taps [hand tools]; dies
[hand tools]; wire stretchers [hand tools]; syringes for spraying
insecticides; insecticide sprayers [hand tools]; nail punches; pin punches;
plant parasite killing apparatus; extension pieces for braces for screwtaps;
nail buffers, electric or non-electric; garden tools, hand-operated; edge
tools [hand tools]; wick trimmers [scissors]; hand implements for hair
curling; hand tools, hand-operated; tool belts [holders]; cattle shearers; nail
extractors; sword scabbards; razor cases; saw holders; stone hammers;
razor strops; caulking irons; harpoons for fishing; harpoons; nutcrackers;
ratchets [hand tools]; screwdrivers; pruning knives; secateurs; secateurs;
Decision on Opposition No B 2 786 609 page: 3 of 10
tree pruners; hoop cutters [hand tools]; tap wrenches; spanners [hand
tools]; can openers, non-electric; pestles for pounding; mallets [hand
instruments]; earth rammers [hand tools]; tube cutting instruments; cutting
tools [hand tools]; cutting bars; paring irons [hand tools]; cutters; priming
irons [hand tools]; vegetable knives; nail clippers, electric or non-electric;
pizza cutters, non-electric; tube cutters [hand tools]; cheese slicers, non-
electric; cutter bars; hair clippers for animals [hand instruments]; ladles for
wine; ladles [hand tools]; spoons; rams [hand tools]; hunting knives;
tweezers; tweezers; sugar tongs; plane irons; hackles [hand tools];
vegetable choppers; reamers; reamer sockets; blades [hand tools]; blade
sharpening instruments; razor blades; blades [weapons]; blades for
planes; saw blades [parts of hand tools]; bushhammers; emery files; files
[tools]; nail files, electric; crow bars; hair clippers for personal use, electric
and non-electric; machetes; knives; meat choppers [hand tools]; scaling
knives; cutlery; vices; levers; choppers [knives]; cleavers; trowels; trowels
[gardening]; money scoops; nail files; scrapers [hand tools]; swords;
bayonets; marline spikes; razors, electric or non-electric; fullers [hand
tools]; scraping tools [hand tools]; nail nippers; side arms, other than
firearms; ice picks; cuticle nippers; hatchets; eyelash curlers; pliers;
manicure sets, electric; farriers’ knives; table forks; guns [hand tools];
guns, hand-operated, for the extrusion of mastics; rabbeting planes;
frames for handsaws; drawing knives; drawing knives; saws [hand tools];
rasps [hand tools]; bludgeons; jig-saws; tableware [knives, forks and
spoons]; shaving cases; pedicure sets; manicure sets; cattle marking tools;
molding irons; goffering irons; glazing irons; irons [non-electric hand tools];
crimping irons; flat irons; knuckle dusters; branding irons; mattocks;
mattocks; hainault scythes; weeding forks [hand tools]; chisels; mortise
chisels; adzes [tools]; paring knives; emery grinding wheels; awls;
penknives; sabres; palette knives; spatulas [hand tools]; punch pliers
[hand tools]; daggers; oyster openers; breast drills; fruit pickers [hand
tools]; apparatus for tattooing; instruments and tools for skinning animals;
apparatus and instruments for skinning butcher’s animals; apparatus and
instruments for slaughtering butchers’ animals; riveters [hand tools];
clamps for carpenters or coopers; expanders [hand tools]; stamps [hand
tools]; riveting hammers [hand tools]; hammers [hand tools]; nail drawers
[hand tools]; fireplace bellows [hand tools]; bow saws; gimlets [hand tools];
hand pumps; braiders [hand tools]; knife steels; drills; drills; augers [hand
tools]; bits [parts of hand tools]; bits [hand tools]; drill holders [hand tools];
hand drills [hand tools]; fire irons; rakes [hand tools]; sand trap rakes;
glaziers’ diamonds [parts of hand tools]; lasts [shoemakers’ hand tools];
mitre [miter (am.)] boxes [hand tools]; spades [hand tools]; shovels [hand
tools]; engraving needles; lawn clippers [hand instruments]; foundry ladles
[hand tools]; shears; shearers [hand instruments]; pruning shears; shear
blades; scissors; curling tongs.
Class 21: Household or kitchen utensils and containers; combs and sponges;
brushes (except paint brushes); brush-making materials; articles for
cleaning purposes; steelwool; unworked or semi-worked glass (except
glass used in building); glassware, porcelain and earthenware not included
in other classes; nest eggs, artificial; statues of porcelain, ceramic,
earthenware or glass; statuettes of porcelain, ceramic, earthenware or
glass; aerosol dispensers, not for medical purposes; salt cellars; cruets;
horse brushes; glass bulbs [receptacles]; cocktail stirrers; shakers; holders
for flowers and plants [flower arranging]; corkscrews; bottle openers;
clothes racks, for drying; dustbins; deodorising apparatus for personal use;
Decision on Opposition No B 2 786 609 page: 4 of 10
nozzles for sprinkler hose; sprinklers; perfume sprayers; egg cups; dusting
apparatus, non-electric; vases; cotton waste for cleaning; shaving brush
stands; baking mats; plungers for clearing blocked drains; eyebrow
brushes; dishwashing brushes; brushes; pig bristles; brushes for cleaning
tanks and containers; brushes for footwear; electric brushes, except parts
of machines; nail brushes; toothbrushes; scrubbing brushes; toilet
brushes; butter dishes; butter-dish covers; kettles, non-electric; basins
[bowls]; glass bowls; gardening gloves; gloves for household purposes;
polishing gloves; flower pots; window-boxes; cake molds [moulds]; tie
presses; glass, unworked or semi-worked, except building glass; glass
[receptacles]; painted glassware; powdered glass for decoration; glass
incorporating fine electrical conductors; candle rings; poultry rings; rings
for birds; carpet beaters, not being machines; polishing leather; buckskin
for cleaning; epergnes; confectioners’ decorating bags [pastry bags]; toilet
paper dispensers; mop wringers; coffee percolators, non-electric; trays for
domestic purposes; trays for domestic purposes, of paper; cabarets [trays];
pots; kitchen containers; vessels of metal for making ices and iced drinks;
chamber pots; containers for household or kitchen use; soap dispensers;
clothing stretchers; glove stretchers; insect traps; indoor aquaria; furniture
dusters; disposable table plates; tableware, other than knives, forks and
spoons; works of art of porcelain, ceramic, earthenware or glass; cleaning
instruments, hand-operated; sugar bowls; currycombs; combs for animals;
animal bristles [brushware]; liqueur sets; electric devices for attracting and
killing insects; heaters for feeding bottles, non-electric; indoor terrariums
[vivariums]; indoor terrariums [plant cultivation]; heat-insulated containers;
comb cases; toothpick holders; powder compacts; toilet paper holders;
cruet sets for oil and vinegar; vitreous silica fibers [fibres], not for textile
use; fiberglass other than for insulation or textile use; pails; litter trays for
pets; ice pails; fitted picnic baskets, including dishes; baskets for domestic
use; bread baskets, domestic; waste paper baskets; drinking straws; shoe
trees [stretchers]; cosmetic utensils; flower-pot covers, not of paper;
ironing board covers, shaped; cheese-dish covers; aquarium hoods; dish
covers; tea cosies; jugs; tankards; closures for pot lids; pot lids; smoke
absorbers for household purposes; mess-tins; decanters; coasters, not of
paper and other than table linen; lazy susans; menu card holders; stew-
pans; stew-pans; earthenware saucepans; coffee grinders, hand-operated;
coffee filters, non-electric; coffeepots, non-electric; pottery; ceramics for
household purposes; apparatus for wax-polishing, non-electric;
candlesticks; candle extinguishers; china ornaments; cages for household
pets; birdcages; shoe horns; glue-pots; cutting boards for the kitchen;
pastry cutters; sifters [household utensils]; sifters [household utensils];
piggy banks; buttonhooks; mugs; mixing spoons [kitchen utensils]; basting
spoons, for kitchen use; boxes for dispensing paper towels; candy boxes;
cookie jars; lunch boxes; boxes of glass; tea caddies; napkin rings; crystal
[glassware]; electric combs; cups of paper or plastic; drinking horns; cups;
basins [receptacles]; washtubs; bird baths; lamp-glass brushes; cooking
utensils, non-electric; cookery molds [moulds]; clothes-pegs; knife rests for
the table; noodle machines, hand-operated; spice sets; perfume burners;
washing boards; glass jars [carboys]; fly swatters; kitchen mixers, non-
electric; mills for domestic purposes, hand-operated; floss for dental
purposes; fiberglass thread, not for textile use; carboys; dusting cloths
[rags]; shaving brushes; toothbrushes, electric; toothpicks; rolling pins,
domestic; opaline glass; watering devices; glass for vehicle windows
[semi-finished product]; ice cube molds; bottle gourds; baby baths,
portable; rags for cleaning; boot jacks; dishes; table plates; paper plates;
Decision on Opposition No B 2 786 609 page: 5 of 10
saucers; signboards of porcelain or glass; tar-brushes, long handled;
pepper mills, hand-operated; pepper pots; cooking pins of metal; water
apparatus for cleaning teeth and gums; blenders, non-electric, for
household purposes; rat traps; rat traps; porcelain ware; drinking vessels;
heat insulated containers for beverages; beer mugs; drinking glasses;
syringes for watering flowers and plants; watering cans; roses for watering
cans; drinking troughs; trouser presses; garlic presses [kitchen utensils];
busts of porcelain, ceramic, earthenware or glass; glass caps; chopsticks;
vegetable dishes; vegetable dishes; soap boxes; soap boxes; coffee
services [tableware]; tea services [tableware]; toilet cases; ironing boards;
towel rails and rings; wine tasters [siphons]; utensils for household
purposes; cooking pot sets; kitchen utensils; brooms; carpet sweepers;
enamelled glass; soup bowls; strainers; tea strainers; pie servers; scoops
[tableware]; spatulas [kitchen utensils]; abrasive sponges for scrubbing the
skin; sponges for household purposes; sponge holders; toilet sponges;
flat-iron stands; polishing apparatus and machines, for household
purposes, non-electric; cleaning tow; whisks, non-electric, for household
purposes; steel wool for cleaning; make-up removing appliances; tea balls;
scouring pads; powder puffs; abrasive pads for kitchen purposes;
saucepan scourers of metal; mops; cloth for washing floors; grill supports;
drying racks for washing; feeding troughs; grills [cooking utensils]; fused
silica [semi-worked product], other than for building; cinder sifters
[household utensils]; frying pans; toilet utensils; trivets [table utensils];
graters [household utensils]; hair for brushes; thermally insulated
containers for food; spouts; teapots; isothermic bags; glass wool other
than for insulation; opal glass; plate glass [raw material]; siphons for
carbonated water; urns; polishing materials for making shiny, except
preparations, paper and stone; plates to prevent milk boiling over; services
[dishes]; wax-polishing appliances, non-electric, for shoes; napkin holders;
wool waste for cleaning; buckets made of woven fabrics; crockery;
majolica; mangers for animals; bottles; bottles; vacuum bottles; glass
flasks [containers]; refrigerating bottles; strainers for household purposes;
boot trees [stretchers]; waffle irons, non-electric; molds [kitchen utensils];
cookie [biscuit] cutters; deep fryers, non-electric; fruit presses, non-electric,
for household purposes; fruit cups; feather-dusters; combs; large-toothed
combs for the hair; beaters, non-electric; cauldrons; hot pots, not
electrically heated; autoclaves [pressure cookers], non-electric; funnels;
brush goods; material for brush-making; mosaics of glass, not for building;
crumb trays; non-electric portable coldboxes; food cooling devices,
containing heat exchange fluids, for household purposes; bread boards;
bread bins.
The contested goods are the following:
Class 8: Hand-operated hand tools and implements; cutlery, forks and spoons; side
arms, other than firearms; razors; apparatus for slaughtering butchers’
animals; hand-operated hand tools; clippers (hand implements).
Class 21: Utensils and containers for household or kitchen use; combs and sponges;
brushes (except paintbrushes); brush-making materials; hand-operated
cleaning instruments; steel wool; unworked or semi-worked glass (except
building glass); porcelain ware; earthenware; bottles; works of art of
porcelain, ceramic, earthenware or glass; statues or figurines (statuettes)
of porcelain, ceramic, earthenware or glass; toilet utensils or cases; trash
cans; glasses (receptacles); tableware.
Decision on Opposition No B 2 786 609 page: 6 of 10
Contested goods in Class 8
The contested hand-operated hand tools (mentioned twice) and implements; cutlery,
forks and spoons; razors; apparatus for slaughtering butchers’ animals; side arms
other than firearms are identically contained in both lists of goods (including
synonyms).
The contested clippers (hand implements) include as a broader category the
opponent’s nail clippers in Class 8. Since the Opposition Division cannot dissect ex
officio the broad category of the contested goods, they are considered identical to the
opponent’s goods.
Contested goods in Class 21
The contested utensils and containers for household or kitchen use; combs and
sponges; brushes (except paintbrushes); brush-making materials; hand-operated
cleaning instruments; steel wool; unworked or semi-worked glass (except building
glass); porcelain ware; earthenware; bottles; works of art of porcelain, ceramic,
earthenware or glass; statues or figurines (statuettes) of porcelain, ceramic,
earthenware or glass; toilet utensils or cases; glasses (receptacles) are identically
contained in both lists of goods (including synonyms).
The contested trash cans include, as a broader category the opponent’s waste paper
baskets in Class 21. Since the Opposition Division cannot dissect ex officio the broad
category of the contested goods, they are considered identical to the opponent’s
goods.
The contested tableware includes, as a broader category the opponent’s tableware,
other than knives, forks and spoons in Class 21. Since the Opposition Division
cannot dissect ex officio the broad category of the contested goods, they are
considered identical to the opponent’s goods.
b) Relevant public — degree of attention
The average consumer of the category of products concerned is deemed to be
reasonably well informed and reasonably observant and circumspect. It should also
be borne in mind that the average consumer’s degree of attention is likely to vary
according to the category of goods or services in question.
In the present case, the goods found to be identical are directed at the public at
large, although some are more specialised, such as apparatus for slaughtering
butchers’ animals in Class 8, and are directed at customers with specific professional
knowledge or expertise.
The degree of attention will vary from average to high, the latter mostly in case of
side arms and apparatus for slaughtering butchers’ animals which may not be the
subject of frequent purchase and most likely are chosen rather carefully.
Decision on Opposition No B 2 786 609 page: 7 of 10
c) The signs
IZY
Earlier trade mark Contested sign
The relevant territory is the European Union.
The global appreciation of the visual, aural or conceptual similarity of the marks in
question must be based on the overall impression given by the marks, bearing in
mind, in particular, their distinctive and dominant components (11/11/1997, C-251/95,
Sabèl, EU:C:1997:528, § 23).
The earlier mark is a figurative mark consisting of the word ‘izzy’, written in a fairly
standard, cursive, greyish lower case bold typeface. There is a device element made
up of an irregular curved red line resembling a heart placed on top of the letter ‘i’. The
term ‘izzy’ might be perceived by at least a part of the English-speaking public as a
nickname for Elisabeth. For the remaining part of the public, this term is meaningless.
In any case, the distinctiveness of both the figurative device and the term ‘izzy’
should be seen as normal in relation to the goods at stake.
The contested sign is a word mark composed of the term ‘IZY’.
Visually, the signs coincide in the sequence of letters ‘I-Z-*-Y’ which constitutes the
entire contested sign. The signs differ in both the additional letter ‘Z’, being the
repetition of the preceding common letter, and the figurative device of the earlier
mark, the latter having less impact. In this regard, when signs consist of both verbal
and figurative components (as does the earlier mark in the present case), in principle,
the verbal component of the sign may have 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; decisions of 19/12/2011, R 233/2011-4 Best Tone (fig.) /
BETSTONE (fig.), § 24; 13/12/2011, R 53/2011-5, Jumbo(fig.) / DEVICE OF AN
ELEPHANT (fig.), § 59).
Regarding the fairly standard typeface in which the earlier mark is written, this
stylisation must be considered not that elaborate or sophisticated and it will not lead
the consumer’s attention away from the elements it seems to embellish. Insofar as
the contested mark is concerned, since it is a word mark, it is irrelevant whether they
are written in lower-case or upper-case letters or a combination of both (31/01/2013,
T-66/11, ‘Babilu’, EU:T:2013:48, § 57). Consequently, the difference in the signs
under comparison in this regard is immaterial.
Therefore, the signs are visually similar to a high degree.
Aurally, irrespective of the different pronunciation rules in different parts of the
relevant territory, the pronunciation of the signs coincides in the sound of the letters
Decision on Opposition No B 2 786 609 page: 8 of 10
/I-Z-*-Y/ which constitutes the entire contested sign. Since the earlier mark is
additionally made up of the repetition of the middle letter ‘Z’, it is reasonable to
assume that the marks will be pronounced in a highly similar manner, if not
identically. This especially since the double letter ‘Z’ is pronounced as being a single
letter.
Therefore, the marks are aurally similar to at least a high degree.
Conceptually, although at least part of the public in the relevant territory will
perceive the meaning of the term ‘izzy’, as referred to above, or/and the concept of
the heart of the earlier mark, the contested sign has no meaning in that territory.
Since one of the signs will not be associated with any meaning, the signs are not
conceptually similar. For the sake of completeness, it should be pointed out that for
the remaining part of the public, that will not associate the earlier mark with any
meaning, 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.
d) Distinctiveness of the earlier mark
The distinctiveness of the earlier mark is one of the factors to be taken into account
in the global assessment of likelihood of confusion.
The opponent did not explicitly claim that its mark is particularly distinctive by virtue
of intensive use or reputation.
Consequently, the assessment of the distinctiveness of the earlier mark will rest on its
distinctiveness per se. 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.
e) Global assessment, other arguments and conclusion
A likelihood of confusion (including a likelihood of association) 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.
The goods under comparison have been found identical. The earlier mark has a
normal degree of distinctiveness. The signs are visually similar to a high degree,
aurally at least similar to a high degree, whereas conceptually the signs are either not
similar or the conceptual comparison remains neutral, as referred to above. The
relevant public is the public at large and professionals, whose level of attention varies
from average to high.
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
Decision on Opposition No B 2 786 609 page: 9 of 10
imperfect recollection of trade marks (21/11/2013, T-443/12, ancotel, EU:T:2013:605,
§ 54).
Considering all the above, there is a likelihood of confusion on the part of the relevant
public.
Therefore, the opposition is well founded on the basis of the opponent’s European
Union trade mark registration No 12 020 781. It follows that the contested trade mark
must be rejected for all the contested goods.
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(1)(a) EUTMR.
COSTS
According to Article 109(1) EUTMR, the losing party in opposition proceedings must
bear the fees and costs incurred by the other party.
Since the 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 Article 109(1) and (7) EUTMR and Article 18(1)(c)(i) EUTMIR (former
Rule 94(3) and (6) and Rule 94(7)(d)(i) EUTMIR, in force before 01/10/2017), the
costs to be paid to the opponent are the opposition fee and the costs of
representation, which are to be fixed on the basis of the maximum rate set therein.
The Opposition Division
Eva Inés PÉREZ
SANTONJA
Klaudia MISZTAL Chantal VAN RIEL
According to Article 67 EUTMR, any party adversely affected by this decision has a
right to appeal against this decision. According to Article 68 EUTMR, notice of appeal
must be filed in writing at the Office within two months of the date of notification of
this decision. It must be filed in the language of the proceedings in which the decision
subject to appeal was taken. Furthermore, a written statement of the grounds for
appeal must be filed within four months of the same date. The notice of appeal will be
deemed to have been filed only when the appeal fee of EUR 720 has been paid.
The amount determined in the fixation of the costs may only be reviewed by a
decision of the Opposition Division on request. According to Article 109(8) EUTMR
(former Rule 94(4) EUTMIR, in force before 01/10/2017), such a request must be
filed within one month of the date of notification of this fixation of costs and will be
Decision on Opposition No B 2 786 609 page: 10 of 10
deemed to have been filed only when the review fee of EUR 100 (Annex I A(33)
EUTMR) has been paid.