OPPOSITION No B 2 681 446

Lovechock B.V., Asterweg, 20 E1, 1031 HN, Amsterdam, The Netherlands (opponent), represented by Eric Bon, Postbus, 5210, 9700, GE Groningen, The Netherlands (professional representative)

a g a i n s t

Cagla Sekerli Mamulleri Sanayi ve Ticaret AS, Sakarya 2, Organize San. Bolgesi 1, Nolu Yol Hendek/ Sakarya, Hendek, Turkey (applicant), represented by Bojinov & Bojinov Ltd., 38 Alabin Str. 1000 Sofia, Bulgaria (professional representative).

On 16/05/2017, the Opposition Division takes the following

DECISION:

1.        Opposition No B 2 681 446 is upheld for all the contested goods.

2.        European Union trade mark application No 14 821 862 is rejected in its entirety.

3.        The applicant bears the costs, fixed at EUR 620.

REASONS:

The opponent filed an opposition against all the goods of European Union trade mark application No 14 821 862. The opposition is based on European Union trade mark registration No 11 926 136. The opponent invoked Article 8(1)(b) EUTMR.

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

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

1. The goods and services

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

Class 29:        Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; fruit-based snack foods; candied fruit snacks; dried fruit-based snacks; meat-based snack foods; nut-based snack foods; potato-based snack foods; soya-based snack foods; tofu-based snack foods; vegetable-based snack foods; nut and seed-based snack bars; snack mixes consisting of dehydrated fruit and processed nuts; snack mixes consisting of processed fruits, processed nuts or raisins; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.

Class 30:         Coffee, tea, cocoa, cocoa products, cocoa-based beverages; cocoa and cocoa products containing cereals, fruits, sugar, seeds, nuts, herbs or spices or a combination of these products; chocolate, chocolate products, chocolate-based beverages; chocolate extracts in powder, granulated or liquid form; chocolate and chocolate products containing cereals, fruits, sugar, seeds, nuts, herbs or spices or a combination of these products; sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; cheese-flavoured corn snacks; extruded corn snacks; extruded wheat snacks; puffed corn snacks; rice-based snack foods; wheat-based snack foods; cheese flavoured puffed corn snacks; snack mixes consisting of crackers, pretzels or popped popcorn; muesli snacks; granola snacks; snack foods consisting principally of grain; snack bars consisting of chocolate; snack bars containing a mixture of grains, nuts and dried fruit [confectionery]; snack bars containing dried fruits [confectionery]; snack bars containing grains [confectionery]; snack bars containing nuts [confectionery]; snack foods consisting principally of confectionery; tortilla snacks; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 43:        Services for providing food and drink.

The contested goods are the following:

Class 30:        Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; Baked goods, confectionery, chocolate and desserts; Coffee, teas and cocoa and substitutes therefor; Banana fritters; Baozi [stuffed buns]; Bean jam buns; Boxed lunches consisting of rice, with added meat, fish or vegetables; Brioches; Buckwheat jelly (Memilmuk); Burritos; Calzones; Candy coated popcorn; Canned pasta foods; Canned spaghetti in tomato sauce; Caramel coated popcorn; Caramel coated popcorn with candied nuts; Cereal snack foods flavoured with cheese; Cereal-based snack food; Chalupas; Cheese curls [snacks]; Cheese flavored puffed corn snacks; Cheeseburgers [sandwiches]; Chilled pizzas; Chimichanga; Chinese steamed dumplings (shumai, cooked); Chinese stuffed dumplings (gyoza, cooked); Chips [cereal products]; Chocolate-based ready-to-eat food bars; Chow mein; Chow mein [noodle-based dishes]; Corn chips; Corn kernels being toasted; Corn, roasted; Crackers filled with cheese; Crackers flavoured with cheese; Crackers flavoured with herbs; Crackers flavoured with meat; Crackers flavoured with spices; Crackers flavoured with vegetables; Crackers made of prepared cereals; Crepes; Crisps made of cereals; Dried seaweed rolls [gimbap]; Dry and liquid ready-to-serve meals, mainly consisting of pasta; Dry and liquid ready-to-serve meals, mainly consisting of rice; Egg pies; Egg rolls; Empanadas; Enchiladas; Extruded wheat snacks; Fajitas; Filled baguettes; Filled bread rolls; Flaky pastry containing ham; Flapjacks; Flavoured popcorn; Frankfurter sandwiches; French toast; Fresh pies; Fresh pizza; Fresh sausage rolls; Fried corn; Frozen pastry stuffed with meat; Frozen pastry stuffed with meat and vegetables; Frozen pastry stuffed with vegetables; Frozen pizzas; Gimbap [Korean rice dish]; Glutinous pounded rice cake coated with bean powder (injeolmi); Grain-based chips; Green onion pancake [pajeon]; Hamburgers being cooked and contained in a bread roll; Hamburgers contained in bread rolls; Hot dog sandwiches; Hot dogs (prepared); Hot sausage and ketchup in cut open bread rolls; Jiaozi [stuffed dumplings]; Kimchi pancakes (kimchijeon); Korean-style pasta soup [sujebi]; Korean traditional rice cake [injeolmi]; Lasagne; Macaroni salad; Macaroni with cheese; Meals consisting primarily of pasta; Meals consisting primarily of rice; Meat pies; Meat pies [prepared]; Microwave popcorn; Millet cakes; Mincemeat pies; Mung bean pancakes (bindaetteok); Nachos; Noodle-based prepared meals; Okonomiyaki [Japanese savory pancakes]; Onion biscuits; Pasta containing stuffings; Pasta dishes; Pasta salad; Pasta-based prepared meals; Pastries consisting of vegetables and fish; Pastries consisting of vegetables and meat; Pastries consisting of vegetables and poultry; Pellet-shaped rice crackers (arare); Pies; Pies [sweet or savoury]; Pies containing fish; Pies containing game; Pies containing meat; Pies containing poultry; Pies containing vegetables; Pineapple fritters; Pizza bases; Pizza crust; Pizzas; Pizzas [prepared]; Popcorn; Pork pies; Pot pies; Poultry and game meat pies; Prawn crackers; Pre-baked pizzas crusts; Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables; Prepared foodstuffs in the form of sauces; Prepared meals containing [principally] pasta; Prepared meals containing [principally] rice; Prepared meals in the form of pizzas; Prepared pizza meals; Prepared rice dishes; Prepared savory foodstuffs made from potato flour; Preserved pizzas; Pretzels; Processed unpopped popcorn; Puffed cheese balls [corn snacks]; Puffed corn snacks; Pumpkin porridge (Hobak-juk); Quesadillas; Quiches; Ramen [Japanese noodle-based dish]; Ravioli; Ravioli [prepared]; Ready to eat savory snack foods made from maize meal formed by extrusion; Ready-made dishes containing pasta; Rice based dishes; Rice biscuits; Rice crackers; Rice crackers [senbei]; Rice crisps; Rice dumplings dressed with sweet bean jam (ankoro); Rice mixed with vegetables and beef [bibimbap]; Rice salad; Rice-based prepared meals; Rice-based snack food; Risotto; Salted tarts; Samosas; Sandwiches; Sandwiches containing chicken; Sandwiches containing fish; Sandwiches containing fish fillet; Sandwiches containing meat; Sandwiches containing minced beef; Sandwiches containing salad; Sausage rolls; Savory pastries; Seaweed flavoured corn chips; Sesame snacks; Shrimp dumplings; Snack food products consisting of cereal products; Snack food products made from cereal flour; Snack food products made from cereal starch; Snack food products made from maize flour; Snack food products made from potato flour; Snack food products made from rice flour; Snack food products made from rusk flour; Snack food products made from soya flour; Snack foods consisting principally of bread; Snack foods consisting principally of extruded cereals; Snack foods made from corn; Snack foods made from corn and in the form of puffs; Snack foods made from corn and in the form of rings; Snack foods made from wheat; Snack foods made of whole wheat; Snack foods prepared from maize; Snacks manufactured from muesli; Soft pretzels; Spaghetti and meatballs; Spring rolls; Steamed buns stuffed with minced meat (niku-manjuh); Sticky rice cakes (Chapsalttock); Stir fried rice cake [topokki]; Stir-fried noodles with vegetables (Japchae); Stir-fried rice; Sushi; Sweet rice with nuts and jujubes (yaksik); Tabbouleh; Taco chips; Tacos; Tamales; Toasted cheese sandwich; Toasted cheese sandwich with ham; Toasted sandwiches; Tortilla chips; Tortilla snacks; Tortillas; Uncooked pizzas; Vegetable flavoured corn chips; Vegetable pies; Wholewheat crisps; Wonton chips; Wontons; Wrap [sandwich]; Ice, ice creams, frozen yogurts and sorbets; Processed grains, starches, and goods made thereof, baking preparations and yeasts; Salts, seasonings, flavourings and condiments; Sugars, natural sweeteners, sweet coatings and fillings, bee products.

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.

Contested goods in Class 30

Coffee, tea, cocoa, sugar, sugars; rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, yeasts; baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; confectionery, chocolate; coffee substitutes; cheese flavoured puffed corn snacks; extruded wheat snacks; puffed cheese balls [corn snacks]; puffed corn snacks; rice-based snack food; tortilla snacks; salts are identically contained in both lists of goods (including synonyms).

The contested baked goods include, as a broader category, the opponent’s bread. 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 desserts; banana fritters; candy coated popcorn; caramel coated popcorn; caramel coated popcorn with candied nuts; chocolate-based ready-to-eat food bars; crepes; egg pies; flapjacks; pineapple fritters; Korean traditional rice cake [injeolmi]; sticky rice cakes (chapsalttock); stir fried rice cake [topokki] are included in the broad category of the opponent’s confectionery. Therefore, they are identical.

The contested cereal snack foods flavoured with cheese; cereal-based snack food; chips [cereal products]; crackers made of prepared cereals; crisps made of cereals; snack food products consisting of cereal products; snack food products made from cereal flour; snack food products made from cereal starch; snack foods consisting principally of extruded cereals; pretzels; soft pretzels are included in the broad category of the opponent’s preparations made from cereals. Therefore, they are identical.

The contested flaky pastry containing ham; frozen pastry stuffed with meat; frozen pastry stuffed with meat and vegetables; frozen pastry stuffed with vegetables; pastries consisting of vegetables and fish; pastries consisting of vegetables and meat; pastries consisting of vegetables and poultry; savory pastries are included in the broad category of the opponent’s pastry. Therefore, the goods are identical.

The contested corn chips; corn kernels being toasted; corn, roasted; crackers filled with cheese; crackers flavoured with cheese; crackers flavoured with herbs; crackers flavoured with meat; crackers flavoured with spices; crackers flavoured with vegetables; grain-based chips; flavoured popcorn; fried corn; microwave popcorn; onion biscuits; pellet-shaped rice crackers (arare); popcorn; prawn crackers; processed unpopped popcorn; ready to eat savory snack foods made from maize meal formed by extrusion; rice biscuits; rice crackers; rice crackers [senbei]; rice crisps; seaweed flavoured corn chips; sesame snacks; snack food products made from maize flour; snack foods made from corn; snack foods made from corn and in the form of puffs; snack foods made from corn and in the form of rings; snack foods prepared from maize; snacks manufactured from muesli; vegetable flavoured corn chips; wholewheat crisps are included in the broad category of the opponent’s snack foods consisting principally of grain. Therefore, the goods are identical.

The contested ice creams, frozen yogurts and sorbets are included in the broad category of the opponent’s ices. Therefore, the goods are identical.

The contested dried seaweed rolls [gimbap]; glutinous pounded rice cake coated with bean powder (injeolmi); rice dumplings dressed with sweet bean jam (ankoro); sushi; sweet rice with nuts and jujubes (yaksik) are included in the broad category of the opponent’s rice-based snack foods. Therefore, the goods are identical.

The contested tortilla chips; tortillas are included in the broad category of the opponent’s tortilla snacks. Therefore, the goods are identical.

The contested baking preparations include, as a broader category, the opponent’s baking-powder. 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 bee products include, as a broader category, the opponent’s honey. 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 cheese curls [snacks] overlap with the opponent’s cheese flavoured puffed corn snacks. Therefore, the goods are identical.

The contested teas and cocoa substitutes are similar to the opponent’s tea and cocoa. They coincide in their nature, intended purpose, method of use, distribution channels and consumers. Furthermore, they can be in competition. Therefore, they are similar.

The contested cheeseburgers [sandwiches]; filled baguettes; filled bread rolls; frankfurter sandwiches; French toast; fresh sausage rolls; hamburgers being cooked and contained in a bread roll; hamburgers contained in bread rolls; hot dog sandwiches; hot dogs (prepared); hot sausage and ketchup in cut open bread rolls; sandwiches; sandwiches containing chicken; sandwiches containing fish; sandwiches containing fish fillet; sandwiches containing meat; sandwiches containing minced beef; sandwiches containing salad; sausage rolls; tacos; toasted sandwiches; toasted cheese sandwich; toasted cheese sandwich with ham; wrap [sandwich] are similar to the opponent’s bread. They coincide in their nature, intended purpose, method of use, distribution channels and consumers. Furthermore, they can be in competition. Therefore, they are similar.

The contested baozi [stuffed buns]; bean jam buns; brioches; buckwheat jelly (memilmuk); burritos; canned pasta foods; canned spaghetti in tomato sauce; calzones; chalupas; chilled pizzas; chimichanga; Chinese steamed dumplings (shumai, cooked); Chinese stuffed dumplings (gyoza, cooked); chow mein; chow mein [noodle-based dishes]; ravioli; ravioli [prepared]; empanadas; enchiladas; fajitas; fresh pies; fresh pizza; frozen pizzas; green onion pancake [pajeon]; gimbap [Korean rice dish]; kimchi pancakes (kimchijeon); meat pies; meat pies [prepared]; millet cakes; mincemeat pies; mung bean pancakes (bindaetteok); okonomiyaki [Japanese savory pancakes]; pies; pies [sweet or savoury]; pies containing fish; pies containing game; pies containing meat; pies containing poultry; pies containing vegetables; pizza bases; pizza crust; pizzas; pizzas [prepared]; ; pre-baked pizzas crusts; pork pies; pot pies; poultry and game meat pies; uncooked pizzas; vegetable pies; wontons; jiaozi [stuffed dumplings]; Korean-style pasta soup [sujebi]; lasagne; macaroni salad; macaroni with cheese; meals consisting primarily of pasta; dry and liquid ready-to-serve meals, mainly consisting of pasta; noodle-based prepared meals; pasta containing stuffings; pasta dishes; pasta salad; pasta-based prepared meals; prepared meals containing [principally] pasta; prepared meals in the form of pizzas; prepared pizza meals; preserved pizzas; prepared foodstuffs in the form of sauces; prepared savory foodstuffs made from potato flour; pumpkin porridge (hobak-juk); quiches; ramen [Japanese noodle-based dish]; ready-made dishes containing pasta; quesadillas; salted tarts; spaghetti and meatballs; steamed buns stuffed with minced meat (niku-manjuh); stir-fried noodles with vegetables (japchae); egg rolls; shrimp dumplings; spring rolls; samosas; tabbouleh; tamales coincide with the opponent’s preparations made from cereals in at least their distribution channels and consumers. Furthermore, they can be in competition. Therefore, they are at least similar to a low degree to those goods of the opponent.

The contested boxed lunches consisting of rice, with added meat, fish or vegetables); dry and liquid ready-to-serve meals, mainly consisting of rice; meals consisting primarily of rice; prepared meals containing [principally] rice; prepared rice dishes; rice based dishes; rice-based prepared meals; pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables; rice mixed with vegetables and beef [bibimbap]; rice salad; risotto; stir-fried rice are similar to the opponent’s rice-based snack foods. They have the same nature, as they coincide in their main ingredient. Moreover, they have the same end users. Therefore, the goods are similar.

The contested nachos; snack food products made from potato flour; snack food products made from rice flour; snack food products made from rusk flour; snack food products made from soya flour; snack foods consisting principally of bread; snack foods made from wheat; snack foods made of whole wheat; processed grains, starches, and goods made thereof; taco chips; wonton chips; tacos are similar to the opponent’s snack foods consisting principally of grain, as they have the same nature and purpose. Moreover, they have the same end users and they are interchangeable and consequently in competition.

The contested seasonings, flavourings and condiments are similar to the opponent’s sauces (condiments), as they have the same end users and producers and are interchangeable and consequently in competition. Therefore, the goods are similar.

The contested natural sweeteners are similar to the opponent’s sugar. They have the same nature and purpose. Moreover, they also have the same usual producers and end users, and are interchangeable and consequently in competition.

The contested sweet coatings and fillings are similar to the opponent’s chocolate, chocolate products. They coincide in their distribution channels and consumers. In addition, they can coincide in their producers and be in competition.

2. Relevant public — degree of attention

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

In the present case, the goods found to be identical and similar to varying degrees are directed at the public at large. The degree of attention is considered average.

3. The signs

LOVECHOCK	LOVE
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 unitary character of the European Union trade mark means that an earlier European Union trade mark can be relied on in opposition proceedings against any application for registration of a European Union trade mark that would adversely affect the protection of the first mark, even if only in relation to the perception of consumers in part of the European Union (18/09/2008, C-514/06 P, Armafoam, EU:C:2008:511, § 57). Therefore, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.

In the present case, the common element, ‘love’, is a basic English word that is understood internationally, and the word ‘chock’ has a meaning only in certain territories, for example in those countries where English is understood, but has no meaning in some other countries, for example in Estonia, Spain and Hungary. Therefore, the Opposition Division finds it appropriate to focus the comparison of the signs on the part of the public for which the word ‘chock’ has no meaning, for example the Estonian-, Spanish- and Hungarian-speaking parts of the relevant public.

The contested sign consists of the word ‘love’. As stated above, the English word ‘love’ is a very basic word that is used internationally. Therefore, it is likely that a part of the relevant public will understand this word in the contested sign, associating it with, inter alia, ‘intense affection towards something’. Given that this element has no connection with the characteristics of the relevant goods, it has an average degree of distinctiveness.

The earlier sign consists of the joined words ‘love’ and ‘chock’. It can be reasonably assumed that part of the relevant public will split the earlier mark, ‘lovechock’, into two separate words, ‘love’ and ‘chock’, one of them conveying a specific meaning for part of the relevant public as explained above. The mark as a whole has an average degree of distinctiveness for the relevant goods, for the reasons stated above.

Visually, the signs coincide in their first four letters, ‘love’, constituting the contested sign in its entirety and the first part of the earlier sign. However, they differ in that the earlier sign also contains the sequence of letters ‘chock’ at the end.

Consumers generally tend to focus on the first part of a sign when being confronted with a trade mark. This is justified by the fact that the public reads from left to right, which makes the part placed at the left of the earlier sign and constituting the contested mark in its entirety (‘love’) the one that first catches the attention of the relevant public. Therefore, the signs are visually similar to an average degree.

Aurally, the pronunciation of the signs coincides in the sound of the letters ‘love’, present at the beginning of the earlier mark and constituting the contested sign in its entirety. The pronunciation differs in the sound of the letters ‘chock’ of the earlier sign, which have no counterparts in the contested mark.

Therefore, the signs are aurally similar to an average degree.

Conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. The marks are conceptually similar to the extent that they will be associated with the meaning of the word ‘love’, at least by part of the relevant public as defined above. As the signs will be associated with the same meaning, the signs are conceptually highly similar for this part of the public. For the part of the public that perceives the word ‘LOVE’ as meaningless, neither of the signs has any meaning and the conceptual comparison does not influence the assessment of similarity.

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

4. Distinctiveness of the earlier mark

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

The opponent did not explicitly claim that its mark is particularly distinctive by virtue of intensive use or reputation.

Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. In the present case, the earlier trade mark as a whole 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.

5. Global assessment, other arguments and conclusion

Likelihood of confusion covers situations where the consumer directly confuses the trade marks themselves, or where the consumer makes a connection between the conflicting signs and assumes that the goods/services covered are from the same or economically linked undertakings.

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).

In the present case, the signs are visually, aurally and conceptually (at least for a part of the public) similar. The goods are partly identical, partly similar and partly similar to at least a low degree. They target the public at large, whose degree of attention is average. Although the relevant public may perceive certain visual and aural differences between the signs, the likelihood that the signs might be associated with each other is high. It is likely that the relevant consumer will perceive the contested sign as a sub-brand, a variation of the earlier mark, configured in a different way according to the type of goods that it designates.

The global assessment of the likelihood of confusion entails a certain interdependence between the factors taken into account and, in particular, the similarity between the trade marks and between the goods or services covered. Accordingly, a low degree of similarity between those goods or services may be offset by a high degree of similarity between the marks, and vice versa (23/10/2002, T-6/01, Matratzen, EU:T:2002:261, § 25). In the present case, the degree of similarity between the marks, in particular for the part of the public that will perceive the conceptual link between them, is sufficient to outweigh the low degree of similarity found between certain of the contested goods and the opponent’s goods.

Considering all the above, there is a likelihood of confusion on the part of the Estonian-, Spanish- and Hungarian-speaking parts of the public (at least the part of this public that understands the basic English word ‘love’) in the relevant territory as regards all the contested goods and therefore the opposition is well founded on the basis of the opponent’s European Union trade mark registration No 1 1926 136. As stated above in section c) of this decision, a likelihood of confusion for only part of the relevant public in the European Union is sufficient to reject the contested application.

The opposition is fully successful and the contested mark must be rejected in its entirety.

COSTS

According to Article 85(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.

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

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

The Opposition Division

Michaela SIMANDLOVA

Liina PUU

Loreto URRACA LUQUE

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.