OPPOSITION DIVISION
OPPOSITION No B 2 833 245
Patent- og Varemærkestyrelsen, government agency under the Ministry of
Economic and Business Affairs, Helgeshøj Allé 81, 2630 Taastrup, Denmark
(opponent), represented by Kammeradvokaten, Vester Farimagsgade 23, 1606
København V, Denmark (professional representative)
a g a i n s t
PVS Fulfillment-Service, Heinz-Nixdorf-Straße 2, 74172 Neckarsulm, Germany
(applicant), represented by Legasus Dr. Schlaich Brand Partnerschaft von
Rechtsanwälten mbB, Lise-Meitner-Str. 14, 74074 Heilbronn, Germany
(professional representative).
On 14/11/2017, the Opposition Division takes the following
DECISION:
1. Opposition No B 2 833 245 is upheld for all the contested goods and services,
namely:
Class 16: Advertising pamphlets; promotional publications; promotional
publications.
Class 35: Management of customer loyalty programmes, services in relation
to customer loyalty programmes and incentive and bonus schemes;
marketing services; administrative order processing; compilation of
statistics in computer databases; compilation and picking of goods,
for others; compilation and/or distribution and shipping of
pamphlets and/or goods samples, for others; processing and
procurement, for others; procurement, storage and distribution of
advertising material; business administration consultancy;
settlement of commercial transactions for third parties; promotion,
advertising and marketing of on-line websites; management of
accounts receivable; book-keeping services; preparation of monthly
and annual financial statements; computerised data processing
services; data management services; loyalty, incentive and bonus
program services; administration of consumer loyalty programs;
customer loyalty services for commercial, promotional and/or
advertising purposes; loyalty scheme services; advice relating to
marketing management; product launch services; brand positioning
services; market research; promotional marketing; sales
management services; event marketing; database marketing;
database marketing; advertising and marketing; marketing advice;
provision of information relating to marketing; preparation of
marketing plans; conducting of marketing studies; planning
services for marketing studies; marketing agency services;
advertising and marketing consultancy; preparation of marketing
surveys; administration relating to marketing; provision of marketing
reports; analysis relating to marketing; provision of information
relating to marketing; advertising, marketing and promotional
Decision on Opposition No B 2 833 245 page: 2 of 11
services; statistical evaluations of marketing data; advertising and
marketing; marketing assistance; planning of marketing strategies;
advice relating to marketing management; market campaigns;
provision of marketing reports; distribution of advertising, marketing
and promotional material; development and implementation of
marketing strategies for others; information or enquiries on
business and marketing; professional consultancy relating to
marketing; marketing consulting; marketing advice; development of
marketing strategies and concepts; providing marketing consulting
in the field of social media; advertising, marketing and promotional
consultancy, advisory and assistance services; commercial
information agencies [provides business information, e.g.,
marketing or demographic data]; marketing the goods and services
of others by distributing coupons; dissemination of advertising,
marketing and publicity materials; computerised stock ordering;
administrative order processing; administrative processing of
purchase orders within the framework of services provided by mail-
order companies; computerised file management; advertising
services provided via a data base; compilation and systemization of
information into computer databases; computerised file
management; data entry and data processing; data processing;
provision of information relating to data processing; updating of
business information on a computer data base; systemization of
information into computer databases; systemization of information
into computer databases; market research by means of a computer
data base; compilation of computer databases; provision of
commercial business information by means of a computer
database; updating of advertising information on a computer data
base; commercial information by means of a computer database;
computerised file management; data processing verification; mail
order retail services connected with clothing accessories;
administrative processing and organising of mail order services;
distribution of publicity materials (flyers, prospectuses, brochures,
samples, particularly for catalogue long distance sales) whether
cross border or not; design of advertising materials; publicity
columns preparation; publication of publicity materials; publication
of publicity materials; distribution of promotional matter; market
research for advertising; arranging the distribution of advertising
samples; dissemination of advertising matter; distribution of
advertising material; advertising, marketing and promotional
services; graphic advertising services; compilation, production and
dissemination of advertising matter; compilation of advertisements
for use on the internet; preparation of trade publicity texts;
arranging advertising contracts for others; dissemination of
advertising material [leaflets, brochure and printed matter];
dissemination of advertising and promotional materials; distribution
of printed promotional material by post.
Class 36: Credit assessment services; financial data base services; financial
information services provided by access to a computer database;
debt recovery and factoring services; debt collection agencies; debt
collection.
Class 38: Providing access to online computer databases; providing access
to databases.
Decision on Opposition No B 2 833 245 page: 3 of 11
Class 42: Development, updating and maintenance of software and database
systems.
2. European Union trade mark application No 15 792 369 is rejected for all the
contested goods and services. It may proceed for the remaining,
non-contested, services in Classes 37, 39, 40, 41 and 42.
3. The applicant bears the costs, fixed at EUR 620.
REASONS
As from 01/10/2017, Regulation (EC) No 207/2009 and Regulation (EC) No 2868/95
have been repealed and replaced by Regulation (EU) 2017/1001 (codification),
Delegated Regulation (EU) 2017/1430 and Implementing Regulation (EU)
2017/1431, subject to certain transitional provisions. All the references in this
decision to the EUTMR, EUTMDR and EUTMIR shall be understood as references to
the Regulations currently in force, except where expressly indicated otherwise.
The opponent filed an opposition against some of the goods and services of
European Union trade mark application No 15 792 369 , namely against all
the goods in Class 16, all the services in Classes 35, 36 and 38, and some of the
services in Class 42. The opposition is based on Danish trade mark registration
No VR 1999 04 652 for the word mark ‘PVS’. 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.
a) The goods and services
The goods and services on which the opposition is based are the following:
Class 16: Printed publications; printed matter.
Class 35: Advertising; business administration and management; assistance with
regard to industrial services; business investigations, including competitive
intelligence; exhibitions for commercial purposes; computerized file management.
Class 36: Finance services.
Decision on Opposition No B 2 833 245 page: 4 of 11
Class 38: Telecommunication services, including telephone services regarding
intellectual property rights.
The contested goods and services are the following:
Class 16: Advertising pamphlets; promotional publications; promotional publications.
Class 35: Management of customer loyalty programmes, services in relation to
customer loyalty programmes and incentive and bonus schemes; marketing services;
administrative order processing; compilation of statistics in computer databases;
compilation and picking of goods, for others; compilation and/or distribution and
shipping of pamphlets and/or goods samples, for others; processing and
procurement, for others; procurement, storage and distribution of advertising
material; business administration consultancy; settlement of commercial transactions
for third parties; promotion, advertising and marketing of on-line websites;
management of accounts receivable; book-keeping services; preparation of monthly
and annual financial statements; computerised data processing services; data
management services; loyalty, incentive and bonus program services; administration
of consumer loyalty programs; customer loyalty services for commercial, promotional
and/or advertising purposes; loyalty scheme services; advice relating to marketing
management; product launch services; brand positioning services; market research;
promotional marketing; sales management services; event marketing; database
marketing; database marketing; advertising and marketing; marketing advice;
provision of information relating to marketing; preparation of marketing plans;
conducting of marketing studies; planning services for marketing studies; marketing
agency services; advertising and marketing consultancy; preparation of marketing
surveys; administration relating to marketing; provision of marketing reports; analysis
relating to marketing; provision of information relating to marketing; advertising,
marketing and promotional services; statistical evaluations of marketing data;
advertising and marketing; marketing assistance; planning of marketing strategies;
advice relating to marketing management; market campaigns; provision of marketing
reports; distribution of advertising, marketing and promotional material; development
and implementation of marketing strategies for others; information or enquiries on
business and marketing; professional consultancy relating to marketing; marketing
consulting; marketing advice; development of marketing strategies and concepts;
providing marketing consulting in the field of social media; advertising, marketing and
promotional consultancy, advisory and assistance services; commercial information
agencies [provides business information, e.g., marketing or demographic data];
marketing the goods and services of others by distributing coupons; dissemination of
advertising, marketing and publicity materials; computerised stock ordering;
administrative order processing; administrative processing of purchase orders within
the framework of services provided by mail-order companies; computerised file
management; advertising services provided via a data base; compilation and
systemization of information into computer databases; computerised file
management; data entry and data processing; data processing; provision of
information relating to data processing; updating of business information on a
computer data base; systemization of information into computer databases;
systemization of information into computer databases; market research by means of
a computer data base; compilation of computer databases; provision of commercial
business information by means of a computer database; updating of advertising
information on a computer data base; commercial information by means of a
computer database; computerised file management; data processing verification;
mail order retail services connected with clothing accessories; administrative
processing and organising of mail order services; distribution of publicity materials
(flyers, prospectuses, brochures, samples, particularly for catalogue long distance
Decision on Opposition No B 2 833 245 page: 5 of 11
sales) whether cross border or not; design of advertising materials; publicity columns
preparation; publication of publicity materials; publication of publicity materials;
distribution of promotional matter; market research for advertising; arranging the
distribution of advertising samples; dissemination of advertising matter; distribution of
advertising material; advertising, marketing and promotional services; graphic
advertising services; compilation, production and dissemination of advertising matter;
compilation of advertisements for use on the internet; preparation of trade publicity
texts; arranging advertising contracts for others; dissemination of advertising material
[leaflets, brochure and printed matter]; dissemination of advertising and promotional
materials; distribution of printed promotional material by post.
Class 36: Credit assessment services; financial data base services; financial
information services provided by access to a computer database; debt recovery and
factoring services; debt collection agencies; debt collection.
Class 38: Providing access to online computer databases; providing access to
databases.
Class 42: Development, updating and maintenance of software and database
systems.
An interpretation of the wording of the list of goods and services is required to
determine the scope of protection of these goods and services.
The term ‘including’, used in the opponent’s list of goods and services, in particular in
Classes 35 and 38, indicates that the specific services are only examples of items
included in the category and that protection is not restricted to them. In other words, it
introduces a non-exhaustive list of examples (09/04/2003, T-224/01, Nu-Tride,
EU:T:2003:107).
As a preliminary remark, it is to be noted that according to Article 33(7) EUTMR,
goods or services are not regarded as being similar to or dissimilar from each other
on the ground that they appear in the same or different classes under the Nice
Classification.
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 16
The contested advertising pamphlets; promotional publications (listed twice) are
included in, or overlap with, the opponent’s printed publications in Class 16. They are
identical.
Contested services in Class 35
Advertising services consist of providing others with assistance in the sale of their
goods and services by promoting their launch and/or sale, or of reinforcing a client’s
position in the market and acquiring competitive advantage through publicity. Many
different means and products can be used to fulfil this objective. These services are
provided by specialist companies, which study their client’s needs, provide all the
necessary information and advice for marketing the client’s goods and services, and
Decision on Opposition No B 2 833 245 page: 6 of 11
create a personalised strategy for advertising them through newspapers, websites,
videos, the internet, etc.
Consequently, the contested dissemination of advertising, marketing and publicity
materials; dissemination of advertising matter (listed twice); dissemination of
advertising material [leaflets, brochure and printed matter]; dissemination of
advertising and promotional materials; procurement and storage of advertising
material; distribution of marketing material; distribution of publicity materials (flyers,
prospectuses, brochures, samples, particularly for catalogue long distance sales)
whether cross border or not; distribution of promotional matter; distribution of
promotional material; distribution of printed promotional material by post; distribution
of advertising material (listed three times); arranging the distribution of advertising
samples; promotion, advertising and marketing of on-line websites; market research
for advertising; market research by means of a computer data base; advertising,
marketing and promotional services (listed twice); graphic advertising services;
compilation and production advertising matter; compilation of advertisements for use
on the internet; preparation of trade publicity texts; advertising services provided via
a data base; design of advertising materials; publicity columns preparation;
publication of publicity materials (listed twice); event marketing; database marketing
(listed twice); advertising and marketing (listed twice); preparation of marketing
plans; conducting of marketing studies; planning services for marketing studies;
marketing agency services; advertising and marketing consultancy; preparation of
marketing surveys; provision of marketing reports (listed twice); analysis relating to
marketing; statistical evaluations of marketing data; market campaigns; marketing
services; brand positioning services; market research; promotional marketing;
advertising, marketing and promotional consultancy, advisory and assistance
services are included in, or overlap with, the broad category of the opponent’s
advertising. These services are considered identical.
Furthermore, business management services are usually rendered by specialist
companies such as business consultants. These companies gather information and
provide tools and expertise to enable their customers to carry out their business or
provide businesses with the necessary support to acquire, develop and expand
market share. The services include activities such as business research and
assessments, cost and price analyses, organisational consultancy and any
consultancy, advisory and assistance activity that may be useful in the management
of a business, such as advice on how to efficiently allocate financial and human
resources, improve productivity, increase market share, deal with competitors, reduce
tax bills, develop new products, communicate with the public, market products,
research consumer trends, launch new products, create a corporate identity, etc.
Business administration services are intended to help companies with the
performance of business operations and, therefore, the interpretation and
implementation of the policy set by an organisation’s board of directors. These
services consist of organising people and resources efficiently so as to direct
activities toward common goals and objectives. They include activities such as
personnel recruitment, payroll preparation, drawing up account statements and tax
preparation, since these enable a business to perform its business functions and are
usually carried out by an entity that is separate from the business in question. They
are rendered by, inter alia, employment agencies, auditors and outsourcing
companies.
Consequently, the contested commercial information agencies [provides business
information, e.g., marketing or demographic data]; management of customer loyalty
programmes, services in relation to customer loyalty programmes and incentive and
bonus schemes; loyalty, incentive and bonus program services; customer loyalty
Decision on Opposition No B 2 833 245 page: 7 of 11
services for commercial, promotional and/or advertising purposes; administration of
consumer loyalty programs; loyalty scheme services; marketing the goods and
services of others by distributing coupons; sales management services;
administrative order processing (listed twice); business administration consultancy;
provision of commercial business information by means of a computer database;
settlement of commercial transactions for third parties; management of accounts
receivable; book-keeping services; preparation of monthly and annual financial
statements; arranging advertising contracts for others; computerised stock ordering;
administrative processing of purchase orders within the framework of services
provided by mail-order companies; mail order retail services connected with clothing
accessories; administrative processing and organising of mail order services;
compilation and picking of goods, for others; compilation and/or distribution and
shipping of pamphlets and/or goods samples, for others; processing and
procurement, for others; product launch services; provision of information relating to
marketing (listed twice); providing marketing consulting in the field of social media;
development and implementation of marketing strategies for others; information or
enquiries on business and marketing; professional consultancy relating to marketing;
development of marketing strategies and concepts; planning of marketing strategies;
advice relating to marketing management (listed twice); marketing assistance;
marketing consulting; marketing advice (listed twice); administration relating to
marketing are included in, or overlap with, the opponent’s broad categories of
business administration and management; assistance with regard to industrial
services. Therefore, these services are considered identical.
Computerised file management (listed three times) is identically contained in both
lists of services.
The contested commercial information by means of a computer database;
compilation of statistics in computer databases; computerised data processing
services; data management services; compilation of information into computer
databases; data entry and data processing; data processing; provision of information
relating to data processing; updating of business information on a computer data
base; systemization of information into computer databases (listed three times);
compilation of computer databases; updating of advertising information on a
computer data base; data processing verification are included in, or overlap with, the
opponent’s computerized file management. These services are considered identical.
Contested services in Class 36
The contested credit assessment services; financial data base services; financial
information services provided by access to a computer database; debt recovery and
factoring services; debt collection agencies; debt collection are included in, or overlap
with, the broad category of the opponent’s finance services. These services are
identical.
Contested services in Class 38
The contested providing access to online computer databases; providing access to
databases are included in the broad category of the opponent’s telecommunication
services. They are identical.
Contested services in Class 42
The contested development, updating and maintenance of software and database
systems are considered similar to the opponent’s telecommunication services in
Decision on Opposition No B 2 833 245 page: 8 of 11
Class 38. Nowadays, the boundary between telecommunications and IT services, in
particular installation and maintenance of hardware/software, databases and
systems, has become blurred as a result of the growth of the internet and its
increasing role in the transfer of telecommunications data. It is therefore considered
that the applicant’s services in Class 42 may have some supporting role in the
opponent’s telecommunications activities in Class 38. These services may coincide in
their purposes and furthermore, they may have the same providers and distribution
channels, as well as a complementary character to each other.
b) Relevant public — degree of attention
The average consumer of the category of products concerned is deemed to be
reasonably well informed and reasonably observant and circumspect. It should also
be borne in mind that the average consumer’s degree of attention is likely to vary
according to the category of goods or services in question.
In the present case, the goods and services found to be identical or similar are
directed at the public at large, as well as at business customers with specific
professional knowledge or expertise.
The public’s degree of attentiveness may vary from average to high, depending on
the price, specialised nature, or terms and conditions of the goods and services
purchased.
c) The signs
PVS
Earlier trade mark Contested sign
The relevant territory is Denmark.
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 the word mark ‘PVS’ and the contested sign is a figurative mark
comprising a grey fanciful figurative element with the stylised verbal element ‘PVS’
following it, both depicted in the upper part of a white square background. The
expression ‘PERFORMANCE FULFILLMENT’ appears underneath these elements in
standard upper case letters over two lines. A horizontal line separates the upper and
Decision on Opposition No B 2 833 245 page: 9 of 11
lower parts of the white square background; two thick red lines form an additional
graphic element at the upper right corner of this square.
The element ‘PVS’, contained in both signs, has no meaning for the relevant public in
relation to the goods and services and is, therefore, distinctive.
Bearing in mind that the general public in Scandinavian countries is deemed to be
familiar with English, the expression ‘PERFORMANCE FULFILLMENT’ of the
contested sign will be understood by the Danish public. Consequently, this
expression may be associated with ‘a successful achievement or the completion of a
task or action’ in a professional or personal context. Bearing in mind the general
character of this expression, it might relate to the quality or satisfactory degree of
performance of any financial, telecommunication and/or development services in
Classes 36, 38 and 42, as well as to the business activities in Class 35 and possibly
auxiliary goods in Class 16. For these reasons, this entire expression is considered
laudatory for all the goods and services in question and, consequently, it will have a
limited impact on the overall perception of the mark due to its low degree of
distinctiveness in relation to the relevant goods and services.
The contested sign is composed of, inter alia, a distinctive verbal element and less
distinctive figurative elements of a purely decorative nature, namely the white square
background and the lines. Therefore, the verbal elements ‘PVS’ is more distinctive
than the figurative elements.
Neither of the signs has any element that could be considered clearly more dominant
than other elements.
Visually, the signs coincide in the element ‘PVS’. However, they differ in the
remaining verbal element, ‘PERFORMANCE FULFILLMENT’, and the graphic
depiction, as described above, of the contested sign. With regard to the fanciful
element preceding the coinciding element ‘PVS’, account must be taken of the fact
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). Furthermore, consumers generally tend to focus on the
beginning of a sign when they encounter a trade mark, which in the present case is
the coinciding verbal element ‘PVS’. This is because the public reads from left to
right, which makes the part placed at the left of the sign (the initial part) the one that
first catches the attention of the reader.
Therefore, taking into account all of the above, including the low degree of
distinctiveness of the additional verbal element in the contested sign, the signs are
considered visually similar to an average degree.
Aurally, the pronunciation of the signs coincides in the sound of the three letters
‛PVS’, present identically in both signs. The pronunciation will differ in the sound of
the expression ‘PERFORMANCE FULFILLMENT’ of the contested sign if consumers
pronounce this element; it has no counterpart in the earlier mark. Therefore, the
signs are considered aurally similar to at least an average degree.
Conceptually, although the public in the relevant territory will perceive the additional
verbal element of the contested sign as explained above, the other sign has no
Decision on Opposition No B 2 833 245 page: 10 of 11
meaning in that territory. Since one of the signs will not be associated with any
meaning, the signs are not conceptually similar.
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 as a whole has no
meaning for any of the goods and services in question from the perspective of the
public in the relevant territory. Therefore, the distinctiveness of the earlier mark must
be seen as normal.
e) Global assessment, other arguments and conclusion
The goods and services are identical or similar and the degree of attention of the
relevant public will depend on the specific product or service being purchased, as
explained above. The earlier mark enjoys a normal degree of distinctiveness in
relation to the goods and services in question.
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).
The signs in question are visually and aurally similar to an average degree, as the
earlier mark is entirely incorporated in the contested sign. In spite of the differences
introduced by the additional verbal and figurative elements in the contested sign, as
referred to above, there is a likelihood of confusion, including a likelihood of
association, as these differences are not considered sufficient to counteract the
similar overall impressions created by the commonality in the inherently distinctive
element ‘PVS’. Furthermore, the additional verbal element ‘PERFORMANCE
FULFILLMENT’ will be paid less attention by the relevant public, as it cannot serve,
unlike the coinciding element ‘PVS’, to indicate the origin of the goods and services
in question; it serves as a marketing message reinforcing their positive
characteristics. In addition, the figurative elements of the contested sign are
considered to have no, or no significant, impact on the visual impression of the sign
and to have no impact on the aural impression it creates.
Furthermore, it is settled case-law that 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.
Indeed, it is highly conceivable that the relevant consumer will perceive the contested
Decision on Opposition No B 2 833 245 page: 11 of 11
mark containing the independent verbal element ‘PVS’ as a sub-brand, a variation of
the earlier mark ‘PVS’, configured in a different way according to the type of goods
that it designates (23/10/2002, T-104/01, Fifties, EU:T:2002:262, § 49).
In addition, evaluating likelihood of confusion implies some interdependence between
the relevant factors and, in particular, a similarity between the marks and between
the goods or services. Therefore, a lesser degree of similarity between goods and
services may be offset by a greater degree of similarity between the marks and vice
versa (29/09/1998, C-39/97, Canon, EU:C:1998:442, § 17).
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 Danish trade
mark registration No VR 1999 04 652 and the contested trade mark must be rejected
for all the contested goods and services. It may proceed for the remaining, non-
contested, services.
COSTS
According to Article 109(1) EUTMR, the losing party in opposition proceedings must
bear the fees and costs incurred by the other party.
Since the applicant is the losing party, it must bear the opposition fee as well as the
costs incurred by the opponent in the course of these proceedings.
According to Article 109(1) and (7) EUTMR and Article 18(1)(c)(i) EUTMIR (former
Rule 94(3) and (6) and Rule 94(7)(d)(i) EUTMIR, in force before 01/10/2017), the
costs to be paid to the opponent are the opposition fee and the costs of
representation, which are to be fixed on the basis of the maximum rate set therein.
The Opposition Division
Volker Timo MENSING Manuela RUSEVA Marzena MACIAK
According to Article 67 EUTMR, any party adversely affected by this decision has a
right to appeal against this decision. According to Article 68 EUTMR, notice of appeal
must be filed in writing at the Office within two months of the date of notification of
this decision. It must be filed in the language of the proceedings in which the decision
subject to appeal was taken. Furthermore, a written statement of the grounds for
appeal must be filed within four months of the same date. The notice of appeal will be
deemed to have been filed only when the appeal fee of EUR 720 has been paid. The
amount determined in the fixation of the costs may only be reviewed by a decision of
the Opposition Division on request. According to Article 109(8) EUTMR (former
Rule 94(4) EUTMIR, in force before 01/10/2017), such a request must be filed within
one month of the date of notification of this fixation of costs and will be deemed to
have been filed only when the review fee of EUR 100 (Annex I A(33) EUTMR) has
been paid.