OPPOSITION No B 1 860 769

MIP Metro Group Intellectual Property GmbH & Co. KG, Metro-Str. 1, 40235 Düsseldorf, Germany (opponent), represented by Eileen Hudson, MIP METRO Group Intellectual Property GmbH & Co. KG, Metro-Str. 1, 40235 Düsseldorf, Germany (employee representative)

a g a i n s t

Flow, S.A. de C.V., C/Prolongación 5 de Mayo Nº 801 Local 38 Col. Valle Verde, Toluca (México), Mexico 5014, Mexico (applicant), represented by Marquespatent S.L., Tuset, 34 Principal, B-C-D, 08006 Barcelona, Spain (professional representative).

On 27/06/2017, the Opposition Division takes the following

DECISION:

1.        Opposition No B 1 860 769 is partially upheld, namely for the following contested services:

Class 35:        Advertisement services, marketing, promotion, import and export relating to second-hand goods; business consultancy relating to the franchising of pawnbroking businesses, market analysis; commercial information relating to second-hand goods; wholesale services, commercial retailing and via global computer networks of household electrical appliances, bicycles, sporting articles, ready-made clothing, timepieces, jewellery, computer products, computers, data processing equipment, scientific apparatus and instruments, nautical, surveying, photographic, cinematographic, optical, measuring, weighing, signalling, checking apparatus and instruments, apparatus for recording, transmission, reproduction of sound or images, recording discs, musical instruments, books, newsletters, magazines, pamphlets, and brochures, greeting cards, CDs, games, toys, household and kitchen goods, cutlery, forks and spoons, side arms, leather and imitations of leather, trunks, suit cases, umbrellas, parasols and walking sticks, whips, harness and saddlery, porcelain, furniture, mirrors (looking glasses), picture frames, new or second-hand.

Class 38:        Telecommunications services; communications by worldwide computer networks.

2.        European Union trade mark application No 9 738 279 is rejected for all the above services. It may proceed for the remaining services.

3.        Each party bears its own costs.

REASONS:

The opponent filed an opposition against all the services of European Union trade mark application No 9 738 279. The opposition is based on, inter alia, European Union trade mark registrations No 4 858 891 and No 9 512 609. 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.

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 European Union trade mark registrations No 4 858 891 and No 9 512 609.

1. The services

After the partial refusal of earlier European Union trade mark No 9 512 609 in parallel opposition proceedings, the services of this earlier mark on which the opposition is based are the following:

Class 35: Advertising; business management; business administration; office work; updating of advertising material; acceptance, processing and developing of orders (office work); employer assignment; cost price analysis; business inquiries; business management and organization consultancy; advisory services for business management; procurement services for others (purchasing goods and services for other businesses); order processing, delivery order services and invoice development services, also in the framework of e-commerce; hypermarkets, supermarkets, grocery retailers and warehouses, namely arranging contracts for third parties regarding the buying and selling of goods as well as the provision of services; import-export agencies; professional business consultancy; book-keeping, auditing, computerized file management; advertising agencies; services for builders, namely organisational preparation of building projects; tax advisory services, namely creation of tax returns; accounting services; auctioneering, also online; transcription; bonus and loyalty programmes as customer retention programmes for marketing purposes (included in this class); following up of bonus and loyalty programmes as customer retention programmes for marketing purposes via evaluation and summarising of statistical data (included in this class); relocation services for businesses; development of use concepts for properties with regard to business management (facility management); business investigations; compilation of accounts, statistics, business management opinions, abstracts of accounts, tax returns and/or economic forecasting; commercial information and advice for consumers (consumer advice shop); invoicing; television advertising; business management of performing artists and hotels; photocopying; publication of statistics and/or publicity texts; commercial or industrial management assistance; business information; cinema advertising; commercial administration of the licensing of the goods and services of others; customer acquisition and care through mail order advertising; payroll preparation; modelling for advertising or sales promotion; marketing research, also in digital networks; marketing studies; opinion polling; data search in computer files for others and/or business research; online advertising on a computer network; organization of exhibitions for commercial or advertising purposes; business organization consultancy; organisational consultancy, organisational project management on computers; outsourcing services (business assistance); employment agencies; personnel recruitment; psychological testing for the selection of personnel; personnel management consultancy; maintenance of data on computers; bill-posting; planning and creation of advertising measures; planning and monitoring of company developments with regard to organisation; business management assistance; ascertainment of prices for goods and services, price comparison services, presenting of companies in the Internet and other media, drawing up of statements of accounts for electronic ordering systems; printed advertising, radio advertising; news clipping services; shop window dressing; typing; word processing; shorthand; sponsorship in the form of advertising; systemization of information into computer databases; telephone answering for unavailable subscribers, telephone billing, telemarketing, company consultancy, writing of publicity texts; sales promotion for others; office machines and equipment rental, in particular photocopying machines; rental of vending machines; rental of stalls for selling; rental of advertising space, also online (banner exchange); publicity material rental; rental of advertising time on communication media; arranging subscriptions to telecommunication services for others; relaying of addresses, trade and business details, also online and of commercial transactions for third parties, also in the context of e-commerce, of mobile telephone contracts (for third parties), of contracts for third parties regarding buying and selling of goods; arranging advertising and promotional contracts for others; business management consulting for franchise concepts; arranging temporary workers; arranging newspaper subscriptions for others; advertising by mail order; direct mail advertising; representing the business interests of interested third parties with regard to political decision making; compilation of various goods (except the transport thereof) for third parties, in order to make viewing and purchasing of the goods easier for users; commercial administration of the licensing of the goods and services of others; layout services for advertising purposes; sponsorship search; presentation on communication media of hospitals and firms and other German health organizations for presentation and selling purposes; publication of brochures for advertising, in particular catalogues; services for the retail industry, also via Websites and teleshopping programmes, namely administration of the business affairs of a retail store, retail services and presentation of goods connected with the sale featuring food, beverages, shoes, headgear, leather goods, household textiles, household goods, objects of utility for the household, garden and DIY articles, bicycles, cleaning and washing products, cosmetics, perfumes, printing products, stationary, electrical devices, furniture, paints, sports goods, toys, jewellery, namely chemical preparations for industrial, scientific, photographic, agricultural, horticultural and forestry purposes, artificial resins, unprocessed, unprocessed plastics, fertilizers, fire extinguishing compositions, metal tempering and brazing chemicals, chemical preparations for the preservation of foodstuffs, tanning material, adhesives for industrial purposes, humus, soil conditioning preparations (chemical), distilled water, fertilizers, defoliants, fixing baths (photography), fixing solutions (photography), stain-preventing chemicals for use on fabrics, photographic paper, photometric paper, gelatine for industrial purposes, wood vinegar, humus top dressing, iodized salts, cement for mending broken articles, cryogenic preparations, coolants for vehicle engines, earth for growing, loam, sensitized plates for offset printing, photographic paper, chemical preparations for smoking meat, compositions for repairing tyres, cement for boots and shoes, starch for industrial purposes, adhesives for paper hanging, water-softening preparations, additives (chemical) to motor-fuel, sweeteners (artificial) (chemical preparations), sensitized films, unexposed, impregnating chemicals, especially for tents, clothing, shoes, water, swimming pools, baths, and hot water container treatment chemicals, antifreeze, chemical additives for oil, paints and varnishes, anti-rust preparations for preservation, wood preservatives, dyes, mordants, natural resins, unprocessed, sheet metals and metals in powder form for painters, decorators, printers and artists, anti-tarnishing preparations, bactericidal paints, mordants, bitumen varnish, binding preparations for paints, thickeners for paints, printers’ pastes (inks), printing ink, enamels for painting, colourants for beverages and food, fixatives (varnishes), fixatives for watercolours, glaziers’ putty, wood coatings (ceramic paints, paints), wood mordants, wood preservatives, indigo (colourant), mastic (natural resin), anti-corrosive preparations, food dyes, metal foil for painters, decorators, printers and artists, paper for dying Easter eggs, wallpaper removing preparations, turpentine (thinner for paints), toners (black) for photocopiers, toners for photocopiers, toner cartridges (filled) for printers and photocopiers, undercoating for vehicle chassis, thinners for lacquers, watercolours, toners for laser printers, colour cartridges for ink-jet printers, laundry and bleach preparations, furbishing, polishing and degreasing preparations and abrasives, soaps, perfumes, essential oils, toiletries, hair lotions, dentifrices, scouring solutions, antistatic preparations for household purposes, antiperspirants (toiletries), aromatics (essential oils), flavourings for beverages (essential oils), breath freshening sprays, ethereal essences, essential oils, flavourings for cakes (essential oils), bath salts, not for medical purposes, cosmetic bath preparations, moustache wax, pumice stone, skin whitening creams, bleaching preparations (decolorants) for cosmetic purposes, parquet floor wax, polish for furniture and flooring, deodorants for personal use, detergents other than for use in manufacturing operations and for medical purposes, scented wood, sachets for perfuming linen, paint stripping preparations, depilatory preparations, depilatory wax, scale removing preparations for household purposes, color brightening chemicals for household purposes (laundry), laundry blueing, colorants for toilet purposes, colour-removing preparations, cosmetic dyes, greases for cosmetic purposes, varnish-removing preparations, stain removers, laundry glaze, shining preparations (polish), starch glaze for laundry purposes, glass cloth, smoothing preparations (starching), smoothing stones, hair dyes, hairspray, shampoos, cosmetics, cosmetic kits, lacquer-removing preparations, creams for leather, leather preservatives (polishes), mouthwashes, not for medical purposes, oils for toilet purposes, oils for cosmetic purposes, oils for cleaning purposes, oils for perfumes and scents, perfumes, flavorings (flavourings) for beverages (essential oils), polishing creams, polishing paper, polishing stone, polishing wax, pomades for cosmetic purposes, dry cleaning preparations, shaving preparations, shaving soap, after-shave lotions, fumigation preparations (perfumes), windscreen cleaning liquids, cleaning preparations, rust removing preparations, cosmetic preparations for slimming purposes, abrasive paper, emery paper, boot cream, shoe wax, shampoos, sun-tanning preparations (cosmetics), starch for laundry purposes, cosmetics for animals, shampoos for pets, toiletries, tissues impregnated with pharmaceutical lotions, petroleum jelly for cosmetic purposes, cotton wool for cosmetic purposes, swabs (toiletries), fabric softeners for laundry use, dentifrices, cutlery cleaning preparations, cleaning preparations for cars, cleaning spray for use in car fittings, paint cleaner, car wax, car shampoo, car polishing preparations, shower and bath gel, impregnated or moist towels or wipes for personal hygiene, toilet cleaning preparations, canned pressurized air for cleaning and dusting purposes, dental bleaching gels, joss sticks, technical oils and fats, lubricants, dust laying compositions, fuel (including motor fuel) and lighting fuel, candles, wax lights, night lights and wicks, alcohol (fuel), oils for paints, bee wax, Christmas tree candles, dust removing preparations, fuel, namely wood briquettes, methylated spirit, charcoal (fuel), wood spills for lighting, candles, perfumed candles, firelighters, coal, coke, peat briquettes (fuel), motor oil, lubricants, lubricating grease, lubricating oil, soya bean oil preparations for non-stick treatment of cooking utensils, sunflower oil for industrial purposes, grease for boots, wax (raw material), illuminating wax, pharmaceutical and veterinary preparations, hygiene preparations for medical use, dietetic substances for medical purposes, food for babies, plasters, dressings, medical, teeth filling material and dental impression materials, disinfectants, means for attracting dangerous animals, fungicides, herbicides, algicides, medicines for human purposes, medicines for veterinary purposes, medicines for dental purposes, acetates for pharmaceutical purposes, bath salts for medical purposes, therapeutic preparations for the bath, balms for medical purposes, hygienic bandages, bandages for dressings, haemostatic pencils, chemical preparations for medical purposes, confectionery, medicated, chemical preparations for pharmaceutical purposes, chemical preparations for veterinary purposes, chemico-pharmaceutical preparations, sanitary towels, deodorants, other than for personal use, dietetic beverages adapted for medical purposes, dietetic substances adapted for medical use, dietetic foods adapted for medical purposes, albuminous preparations for medical purposes, aluminium acetate for pharmaceutical purposes, greases for medical purposes, fly catching paper, fly glue, additives to fodder for medical purposes, glucose for medical purposes, belts for sanitary napkins (towels), adhesives for dentures, antiparasitic collars for animals, herb teas for medicinal purposes, corn remedies, corn rings for the feet, repellents for dogs, dog lotions, dog washes, pants, absorbent, for incontinents, insecticides, chewing gum for medical purposes, germicides, adhesive tapes for medical purposes, adhesive tapes for medical purposes, compresses, air freshening preparations, medicinal drinks, medicinal hair growth preparations, medicinal tea, milking grease, sanitary panties, menstruation pads, mineral food-supplements, mineral water for medical purposes, menstruation bandages, mothproofing preparations, mothproofing paper, mouthwashes for medical purposes, albuminous foodstuffs for medical purposes, nutritional additives for medical purposes, medicinal oils, pesticides, plasters for medical purposes, pharmaceutical preparations, rat poison, fumigating sticks, medicine cases, portable, filled, panty liners (sanitary), breast-nursing pads, tobacco-free cigarettes for medical purposes, tissues impregnated with pharmaceutical lotions, first-aid boxes, filled, dressings, medical, surgical dressings, absorbent cotton, vitamin preparations, wadding for medical purposes, napkins for incontinents, dietetic foodstuffs for vitamin-based healthcare, minerals, trace elements, either single or in combination, amino acid-based nutritional additives, minerals and trace elements, women’s hygiene products, fragrance for toilets, deodorants for clothing and textiles, common metals and their alloys, building materials of metal, buildings, transportable, of metal, railway material of metal, cables and wires of metal (not for electrical purposes), metal hardware, metal pipes, safes (strong boxes), metal goods, ores, aluminium foil, gutter pipes of metal, bicycle parking installations of metal, branching pipes of metal, anvils, mooring buoys of metal, wire for aerials, anchors, jets of metal, outdoor blinds of metal, cabanas of metal, beacons of metal, non-luminous, beams of metal, bindings of metal, fittings of metal for building, building materials of metal, building boards of metal, buildings of metal, tanks of metal, containers of metal for compressed gas or liquid air, fittings of metal for beds, bed casters of metal, letter boxes of metal, containers of metal, sheets and plates of metal, letters and numerals of common metal, except type, roofing of metal, roof coverings of metal, tiles of metal, gutters of metal, boxes of common metal, wire rope, drain pipes of metal, turnstiles, non-automatic, pegs of metal, nozzles of metal, brackets of metal for building, ironmongery, badges of metal for vehicles, barrels of metal, taps for casks, of metal, barrel hoops of metal, ironwork for windows, fittings of metal for windows, foils of metal for wrapping and packaging, handling pallets of metal, floors of metal, cashboxes of metal, framework of metal for building, greenhouses of metal, transportable, hooks (metal hardware), towel dispensers, fixed, of metal, brazing alloys, anvils (portable), cast iron, unwrought or semi-wrought, chicken houses, of metal, chains for dogs, identity plates of metal, jalousies of metal, cable joints of metal, non-electric, tiles of metal for building, chests of metal, cramps of metal (crampons), clothes hooks of metal, bells, preserving boxes of metal, copper wire, not insulated, baskets of metal, knobs of metal, pitons of metal (mountaineering equipment), loading pallets, of metal, cask stands of metal, straps of metal for handling loads, laths of metal, duckboards of metal, soldering wire of metal, porches of metal (building), wall claddings of metal (building), bottles (metal containers) for compressed gas or liquid air, chains of metal, frames of metal for building, fittings of metal for furniture, sleeves (metal hardware), nails, rivets of metal, registration plates, of metal, palings of metal, posts of metal, wheel clamps (boots), lock bolts, junctions of metal for pipes, roller blinds of steel, strap-hinges of metal, hooks for slate (metal hardware), locks of metal, other than electric, rings of common metal for keys, keys, chimney pots of metal, screws of metal, nuts of metal, vice benches of metal, soldering wire of metal, rods of metal for brazing and welding, safety cashboxes of metal, sills of metal, eye bolts, silver solder, signalling panels, non-luminous and non-mechanical, of metal, barbed wire, steel sheets, steel wire, steel buildings, steps (ladders) of metal, pins (hardware), barrels of metal, staircases of metal, ironwork for doors, door fittings, of metal, door frames of metal, packaging containers of metal, foils of metal for wrapping and packaging, tinplate packings, linings of metal (building), water-pipes of metal, padlocks, bird baths (structures of metal), aviaries of metal (structures), tool boxes of metal, empty, tent pegs of metal, tacks (nails), installation accessories of metal for blinds, diaphragms from aluminium and steel, metal brackets, fastening elements, springs, locks, chains, all from metal and for jalousies and gardens, buckles of common metal (hardware), machines for house and garden, machine tools, motors, other than for land vehicles, couplings other than for land vehicles, agricultural equipment, incubators for eggs, waste compacting machines, filling machines, whitewashing machines, machines and apparatus for wax-polishing, electric, bread machines, ironing machines, steam engines, cleaning appliances utilizing steam, tin openers, electric, lathes (machine tools), joints (parts of engines), compressed air machines, compressed air engines, compressed air pumps, dynamos, electric hammers, motors, electric, other than for land vehicles, kitchen machines, electric for preparation of food, electrically-operated equipment for household and kitchen for compressors, ditchers, milling, cutting, pressing, preparing, whipping and/or beating, labellers (machines), spray guns for paint, fruit presses, electric, for household purposes, freewheels other than for land vehicles, dishwashers, hangers (parts of machines), reapers, flour mills, die-cutting and tapping machines, threading machines, chaff cutter blades, taps (parts of machines, engines or motors), electric hand drills, hand-held tools, other than hand-operated, elevating apparatus, planing machines, woodworking machines, high pressure washers, stitching machines, hydraulic engines for machines and motors, hydraulic door openers and closers (machine parts), sizing machines, coffee grinders, other than hand-operated, chain saws, glue guns, electric, food processors, electric, air condensers, calenders, tables for machines, stands for machines, scissors, electric, mortising machines, knives, electric, blade sharpening (stropping) machines, blenders, electric, for household purposes, mixers (machines), sewing machines, riveting machines, mills for household purposes, other than hand-operated, emergency power generators, pumps (parts of machines, engines or motors), lawnmowers (machines), machines and apparatus for cleaning, electric, beaters, electric, whisks, electric, for household purposes, spinning frames, rinsing machines, vacuum cleaners, vacuum cleaner bags, vacuum cleaner hoses, vacuum cleaner attachments for disseminating perfumes and disinfectants, knitting machines, drying machines, universal cookers, fans for motors and engines, fan belts for motors and engines, valves (parts of machines), wrapping machines, jacks (machines), washing apparatus, washing machines, alternators, wringing machines for laundry, tools (parts of machines), machine tools, holding devices for machine tools, sparking plugs for internal combustion engines, pistons for cylinders, cylinders for motors and engines, brushes, electrically operated, igniting magnetos for engines, electric and pneumatic tools for building, for the timber industry, for mechanics and for handymen, particularly drilling machines, nail guns, saws (machines), saw blades (parts of machines), heat guns, planes, glue guns, milling machines, dies, metalworking machines, mixers, tackers, scrapers, spray guns, chaff cutters, border shears, machines and apparatus for polishing (electric), sifting machines, sharpening machines, shears, electric, clippers (machines), trueing machines, grindstones (parts of machines), forge bellows, cutting blow pipes, soldering apparatus, gas-operated, hand tools and hand-operated equipment for land, garden and forestry use, cutlery, forks and spoons, side arms, other than firearms, razors, oyster openers, beard clippers, borers, borers (hand operated), flat irons, non-electric, can openers, non-electric, clippers (machines), egg slicers, non-electric, table cutlery (knives, forks and spoons), table forks, razor cases, scaling knives, mincing knives (hand tools), milling cutters (hand tools), hand implements for hair curling non-electric, pruning knives, pruning scissors, garden tools, hand-operated, goffering irons, mitre (miter (Am.)) boxes (hand tools), nail drawers (hand tools), vegetable slicers, frames for handsaws, taps (hand tools), dies (hand tools), foundry ladles (hand tools), glaziers’ diamonds (parts of machines), polishing irons (glazing tools), sand trap rakes, tool belts (holders), engraving needles, hand pumps, curling tongs, depilation appliances, electric and non-electric, hair clippers for personal use, electric and non-electric, ditchers (hand tools), cleavers, hammers (hand tools), hand drills (hand tools), hand operated equipment for land and forestry use, for machines, apparatus and vehicle construction as well as construction, border shears, bill-hooks, planes, cheese slicers, non-electric, moulding irons, ladles (hand tools), truncheons, scraping tools (hand tools), mortise chisels, pickhammers, agricultural equipment (hand operated), jig-saws, wick trimmers (scissors), perforating tools (hand tools), punch pliers (hand tools), spoons, machetes, manicure sets, blades (hand tools), blades (weapons), blades for planes, scaling knives, hainault scythes, mortars for pounding, money scoops, needle-threaders, needle files, nail files, electric, nail files, cuticle tweezers, nail polishers (electric and non-electric), nail scissors (electric and non-electric), nail clippers, nail extractors, nut crackers, fruit pickers (hand tools), ear-piercing apparatus, budding knives, pedicure sets, trowels (gardening), earth rammers (hand tools), grafting tools (hand tools), pickaxes, hair-removing tweezers, tweezers, pizza cutters (non-electric), punches (hand tools), braiders (hand tools), lawn clippers (hand instruments), razors, electric or non-electric, razor blades, razor strops, razor sets, saws (hand tools), saw holders, scrapers (hand tools), shovels (hand tools), shears, shear blades, shearers (hand instruments), appliances and instruments for slaughtering butchers’ animals, mallets (hand instruments), punch rings (knuckle dusters), truncheons, masons’ hammers, abrading instruments (hand instruments), blade sharpening instruments, grindstones (hand tools), sharpening stones, spanners (hand tools), emery grinding wheels, cutters, cutting tools (hand tools), cutting bars, screwdrivers, vices, clamps for carpenters or coopers, lasts (shoemakers’ hand tools), fire irons, paring knives, swords, scythes, scythe rings, scythe stones, fullers (hand tools), sickles, rabbeting planes, spatulas (hand tools), expanders (hand tools), stretchers for wire and metal bands (hand tools), spades (hand tools), picks (hand tools), mattocks, centre punches (hand tools), marline spikes, syringes for spraying insecticides, insecticide vaporizers (hand tools), rammers (hand tools), augers (hand tools), stamping-out tools (hand tools), embossers (hand tools), stone hammers, chisels, holing axes, paring irons (hand tools), rammers (hand tools), leather strops, silver plate (knives, forks and spoons), hand tools, hand-operated, tool belts (holders), sharpening steels, whetstone holders, stropping instruments, vegetable choppers, choppers (knives), eyelash curlers, wrenches (hand tools), squares (hand tools), pliers, insecticide vaporizers (hand tools), hand operated paper shredder, science, ship, surveying, photographic, film, optical, weighing, measuring, signal, control, life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, connecting, transforming, storing and controlling electricity, equipment for recording, transferring and playback of sounds and images, data carrier of all kinds with and without data, vending machines and mechanics for money-operated apparatus, cash registers, calculating machines, data processing apparatus, computer and computer software, fire extinguishing equipment, make-up removing appliances, electric, accumulators, electric, alarms, ammeters, testing apparatus not for medical purposes, starter cables for motors, answering machines, junction boxes (electricity), connections for electric lines, aerials, indicators (electricity), asbestos clothing for protection against fire, asbestos gloves for protection against accidents, respiratory masks, other than for artificial respiration, distribution machines, automatic, batteries, electric, phototelegraphy apparatus, video telephones, diaphragms (photography), anti-glare glasses, anti-dazzle shades, flashing lights (luminous signals), lightning conductors (rods), flash-bulbs (photography), self-regulating fuel pumps, letter scales, spectacles (optics), spectacle cases, spectacle frames, spectacle glasses, CD player, compact discs (read-only memory), compact discs (sound, image), computers, computer peripheral devices, computer keyboards, data processing apparatus, computer software (saved), computer programs (downloadable), diagnostic apparatus, not for medical purposes, theft prevention installations, electric, dictating machines, printers for computers, electronic notice boards, electrified fences, cables, electric, wires, electric, binoculars, television apparatus, clothing for protection against fire, cameras (photography), cinematographic cameras, films, exposed, photocopiers (photographic, electrostatic, thermic), radiotelephony sets, workmen’s protective face-shields, altimeters, electric devices for attracting and killing insects, electric cable clamps (electrical), sheaths for electric cables, push buttons for bells, knee-pads for workers, compasses, regulating apparatus, electric, headphones, copper wire, insulated, couplings, chargers for electric batteries, laptops (computer), loudspeakers, cabinets for loudspeakers, laser pointer, lasers, not for medical purposes, electric arc cutting apparatus, signs, luminous, soldering apparatus, electric, soldering irons, electric, sounding apparatus and machines, plumb bombs, mouse pads (mouse mats), mice (data processing equipment), measuring apparatus, microphones, mobile phones, monitors (computer hardware), modems, teeth protectors, navigation apparatus for vehicles (on-board computers), navigation instruments, objectives (lenses) (optics), ear plugs for divers, optical apparatus and instruments, optical data media, fibre (fiber (Am.)) optic cables, radio pagers, record players, precision measuring apparatus, precision balances, radios, vehicle radios, cash registers, cathodic anti-corrosion apparatus, egg timers (sandglasses), satellite navigational apparatus, scanner (data processing equipment), electric apparatus for commutation, gloves for protection against X-rays for industrial purposes, protective helmets, protective masks, welding electrodes, electric welding apparatus, water wings, swimming belts, swimming jackets, signals, luminous or mechanical, sunglasses, voltmeters, goggles for sports, sprinkler systems for fire protection, sockets, covers for electric outlets, calculators, electronic pocket translators, diving suits, diving masks, diving gloves, tachometers, telephone apparatus, sound recording apparatus, sound transmitting apparatus, electric door bells, door openers, electric, shoes for protection against accidents, irradiation and fire, amusement apparatus adapted for television apparatus, audiovisual teaching apparatus, video recorders, vehicle breakdown warning triangles, electronic agendas, clothing for protection against accidents, irradiation and fire; pocket PCs, personal digital assistants (PDA), wireless email equipment, optical storage media for recording, storage and playback of tones, pictures and data, including compact discs (CD), magneto-optical drive (MD, MO) and digital versatile discs (DVD), magnetic discs and magnetic discs with large capacity for recording, storage and playback of data, portable storage media, particularly USB sticks, digital cards, smart-media cards, compact flash memory cards, equipment and apparatus for displaying, coding, decoding, transmitting, receiving, storage and converting tones and/or images and/or image data, particularly digital and analogue satellite compact units, DVBT receiver, DVBT antennae, SAT receiver and SAT dishes, electric and electronic equipment for analogue, digital or optical receiving or analogue, digital or optical processing, playback, control or allocation of optics, acoustics or images, related audiovisual equipment, television sets, radio receivers, amplifiers, loudspeakers, band/disc/CD recording equipment or playback equipment, carrier for stored signals, apparatus and instruments for recording, playback, displaying, coding, decoding, transmitting, receiving, storage and converting tones and/or video signals and/or video data; television sets, radio receivers, video playback/recording equipment, cameras and video cameras, decoder for television signals, CD and DVD player and recorder, record players, computer and peripheral equipment, communication apparatus and instruments, cordless telephone, navigation systems, video games adapted for use with television apparatus and/or an external display screen and/or monitor, amusement apparatus adapted for use with television apparatus, amusement apparatus adapted for use with an external display screen or monitor, stereos and other recording media, headphones, radio alarm, DVD player and recorder, MP3 player, parts and components for all aforementioned products, surgical, medical, dental and veterinary instruments and apparatus, artificial limbs, eyes and teeth, orthopaedic articles, suture materials, feeding bottle teats, hearing protectors, condoms, soporific pillows for insomnia, stockings for varices, gloves for massage, knee bandages, orthopaedic, lamps for medical purposes, blankets and pillows, electric, for medical purposes, medical equipment, namely footbaths, massage equipment, pulse monitors, sphygmotensiometers, lighting, heating, steam generating, cooking, cooling, drying, ventilation and water pipe equipment as well as sanitary installations, extractor hoods for kitchens, lighters, hanger loop apparatus for lamps, bath tubs, bath linings, bed warmers, tanning apparatus (sunbeds), bread baking machines, bread toasters, lights, electric, for Christmas trees, showers, shower cubicles, ice machines and apparatus, ice boxes, kettles, electric, coffee machines, electric, electric appliances for making yogurt, deep fryers, electric, electric fans for personal use, torches for lighting, light bulbs, roasting apparatus, hair dryer, lanterns, furnaces, microwave ovens (cooking apparatus), refrigerators, refrigerating display cabinets (display cases), refrigerating containers, laundry dryers, electric, stoves, hot air generators, hot air equipment and units, also for lacquer-removing, air conditioners, toasters, ventilator hoods for kitchens, WC seats, heating apparatus, electric, heating cushions (pads) and blankets for non-medical purposes, heat pumps, ventilators (air-conditioning), hot water bottles, electric, electrically heated footwarmers, bath tubs and bath tub accessories, showers and accessories, lights, spotlights, automobile lights, lamps, lamp shades, lanterns for lighting, pocket torches and their accessories, lighters, particularly gas lighters, cigarette lighters, roasting spits, electric tea maker, coffee machines, espresso machines, kettles, fluorescent lamps and light fittings, hot water bottles, pushchairs, sport pushchairs, pushchair and sport pushchair hoods and footmuffs for pushchairs and sport pushchairs, baskets and bags for pushchairs and sport pushchairs, bicycles and bicycle accessories, mountain bikes, frames for bicycles, cycles, bicycle saddles, luggage carriers for bicycles, bicycle stands, bells for bicycles, cycles, bicycle pumps, child seat for bicycles, bicycle separator, bicycle frame protection and protective bicycle coating for chains and gear changes, motor-assisted bicycles, scooters, mopeds, saddle covers for bicycles or motorcycles, bicycle stands, brakes for bicycles, cycles, rims for wheels of bicycles, cycles, bicycle forks, chains for bicycles, cycles, bells for bicycles, baskets adapted for cycles, handle bars for bicycles, cycles, motors for cycles, cycle hubs, dress guards for bicycles, cycles, pedals for cycles, bicycle pumps, bicycle tyres, bicycle wheels, inner tubes for bicycles, cycles, spokes for bicycles, cycles, bicycle saddles, bicycle bags, bicycle racks, bicycle seat pillar, bicycles bottom brackets, boats, including their additional and replacement parts, paddles for canoes, automobiles with dog cages, vehicles, automobile parts with tarpaulins, transport devices for the transport of luggage on and off automobiles, such as luggage racks, ski racks, bicycle racks, surfboard racks, luggage covers, luggage wrap, luggage labels (vehicles), trailer hitches, windshield wipers, snow chains and spoiler, firearms, ammunition and projectiles, explosives, fireworks, firecrackers, air pistols (weapons), machine guns, ammunition for firearms, ammunition, explosive fog signals, cartridge pouches, pistols (arms), rockets (projectiles), cleaning brushes for firearms, firing platforms, gunpowder, shoulder straps for weapons, tear-gas weapons, primings (fuses), detonating caps other than toys, detonating fuses, sprays for personal defense purposes, jewellery, clocks and time measuring instruments including their accessories, pins (jewellery), bracelets (jewellery), wristwatches, atomic clocks, chronographs (watches), chronometers, electric clocks and watches, hat ornaments, chains (jewellery), tie clips, tie pins, cuff links, medals, medallions (jewellery), rings (jewellery), key rings (trinkets or fobs), ornamental pins, silver ornaments, sundials, stopwatches, watch bands, cases for clock and watchmaking, clock cases, pendulums (clock and watch making), cases for watches (presentation), watch springs, watch glasses, watch chains, alarms, jewellery cases (caskets), musical instruments and their accessories, paper, cardboard and products made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives (glues) for stationery or household purposes, artists’ materials, paintbrushes, typewriters and office requisites (except furniture), teaching and study equipment (except apparatus), packaging material made of plastic, type, printing blocks, garbage bags of paper or of plastics, tear-off calendars, napkins of paper for removing make-up, transfers (decalcomanias), address plates for addressing machines, address stamps, addressing machines, folders for papers, document files (stationery), moisteners (office requisites), stickers (stationary); babies’ napkin-pants (diaper-pants) of paper and cellulose, disposable, disposable babies’ diapers of paper and cellulose, disposable babies’ napkins of paper and cellulose, cabinets for stationery (office requisites), mats for beer glasses, paintings (pictures), framed or unframed, pencils, pencil holders, pencil leads, pencil sharpeners, electric or non-electric, pads (stationery), paperweights, letter trays, postage stamps, writing paper, brochures, fabrics for bookbinding, clips for offices, stencil cases, flags of paper, inking ribbons, paint boxes (articles for use in school), filter paper, finger-stalls (office requisites), bottle wrappers of cardboard or paper, plastic film for wrapping, sheets of reclaimed cellulose for wrapping, printed forms, gums (adhesives) for stationery or household purposes, elastic bands for offices, stapling presses (office requisites), drawing pins, envelopes (stationery), paper coffee filters, calendar, bags for microwave cooking, lithographic works of art, geographical maps, painters’ brushes, canvas for painting, palettes for painters, house painters’ rollers, stencil plates, paint boxes (articles for use in school), painters’ easels, marking chalk, modelling clay, note books, towels of paper, handkerchiefs of paper, parchment paper, placards of paper or cardboard, postcards, prospects, erasing products, pen cases, writing instruments, writing pads, seals (stamps), sealing wax, silver paper, cases for stamps (seals), inking pads, tablecloths, table linen from paper, toilet paper, bags (envelopes, pouches) of paper or plastics, for packaging, cardboard articles, wrapping paper, waxed paper, drawing materials, drawing pads, drawing boards, paper shredders for office use, table linen of paper, rubber, guttapercha, asbestos, mica and goods made of rubber, guttapercha or rubber in the shape of pads, plates, poles, foil, cords or ties (all as semi-finished products), goods made from plastics (semi-finished products), draught, packaging and insulating materials, flexible tubes, not of metal, insulators, insulating paints, insulating tape and band, adhesive bands other than stationery and not for medical or household purposes, leather and imitation leather as well as associated goods, skins and fur, trunks and hand luggage, umbrellas, parasols and canes, whips, harnesses and saddlery, briefcases, slings for carrying infants, beach bags, make-up bags, covers for animals, mountaineering sticks, harness fittings made of iron, harness fittings, not from precious metal, pocket wallets, bags for campers, chamois leather, other than for cleaning purposes, kid, attaché cases; briefcases; boxes of leather or leather board, boxes of vulcanised fibre, net bags for shopping, shopping bags, casings, of leather, for springs, coverings of skins (furs), furs, umbrella or parasol ribs, nose bags (feed bags), canes, purses (leatherware), harnesses for animals, gold beaters’ skin, collars for animals, suitcase handles, handbags, handbag frames, dog collars, hat boxes of leather, casings, of leather, for springs, game bags (hunting accessories), card cases (notecases), cases, of leather or leatherboard, boxes of vulcanised fibre, chain mesh purses, sling bags for carrying infants, chin straps, of leather, garment bags for travel, cat o’ nine tails, knee-pads for horses, leather leashes, vanity cases, not fitted, bags, imitation leather, leather, unprocessed or semi-processed; trimmings of leather for furniture, leather twist, bands of leather, imitation leather, leatherboard, straps of leather (saddlery), leather straps, valves of leather, straps for soldiers’ equipment, muzzles, moleskin (imitation fur), music cases, whips, fur, horse blankets, harnesses for horses, not from precious metal, halters, horse collars, wallets, umbrellas, umbrella handles, travelling trunks, travelling sets (leatherware), travelling bags, butts (parts of hides), bags for climbers, riding saddles, harness for animals, covers for horse-saddles, fastenings for saddles, saddlery, boxes of leather or leatherboard, blinkers (harness), umbrella covers, frames for umbrellas or parasols, umbrella rings, umbrella sticks, straps for skates, make-up bags, key cases (leatherware), school bags, shoulder belts (straps) of leather, walking stick seats, parasols, sport poles, particularly Nordic walking and hiking poles, bags for sports, stirrup leathers, canes, walking stick handles, bags, animal skins, haversacks, bridoons, shoulder belts (straps) of leather, pads for horse saddles, bags (envelopes, pouches) of leather, for packaging, empty tool bags of leather, harness straps, kid, reins, traces (harness), purses and chain mesh purses, each from precious metal, building materials (not of metal), rigid pipes, not of metal (building), materials for making roads, asphalt, pitch and bitumen, buildings, transportable, not of metal, monuments, not of metal, chimneys, gutter pipes and branching pipes, not from metal, aquaria (structures), aquarium sand, aquarium gravel, blinds (outdoor), not of metal and not of textile, cabanas not of metal, letter boxes of masonry, drain pipes, not of metal, monuments, not of metal, insect screens not of metal, greenhouses, transportable, not of metal, casement windows, not of metal, swimming pools (structures, not of metal), signalling panels, non-luminous and non-mechanical, not of metal, furniture, mirrors, picture frames, goods, of wood, cork, pipes, drains, rushes, horn, bone, ivory, whalebone, tortoise shell, yellow amber, mother-of-pearl, meerschaum and their substitutes or from plastics, shelves for storage, filing cabinets, mooring buoys, not from metal, stuffed animals, benches (furniture), beds (furniture), bed fittings, not of metal, bedding, except linen, bedsteads of wood, picture frames, flower-stands (furniture), letter boxes, not of metal or masonry, office furniture, library shelves, containers, not of metal (storage, transport), decorations of plastic for foodstuffs, cases of wood or plastic, dowels, not of metal, wall plugs not from metal, locks, not of metal, for vehicles, barrels, not from metal, bottle racks, corks for bottles, bottle casings of wood, chopping blocks, towel dispensers, fixed, not of metal, work benches, garment covers (storage), dog kennels, cable clips, not of metal, name plates, not of metal, infant walkers, cushions, coat hangers, clothes hooks, not of metal, bolsters, head-rests (furniture), trays, not of metal, wickerwork, scratching posts for cats, works of art, of wood, wax, plaster or plastic, counters (tables), duckboards, not of metal, air mattresses and/or air cushions, not for medical purposes, easy chairs, mattresses, furniture of metal, mobiles (decoration), screens, bolster mats as requirement for seating furniture, armchairs, rattan, saw benches, reed (plaiting material), covers for clothing (wardrobe), sofas, ladders of wood or plastics, sleeping bags for camping, umbrella stands, mirrors, chairs, tables, table tops, straws for drinking, tent pegs, not of metal, packaging containers of plastic, wall decorations not of textile material (interior design), inflatable publicity objects, cots, newspaper display stands, silvered glass (mirrors), jalousies, blinds, slatted jalousies, cassette blinds, taped jalousies, none from metal or textile material and for interior rooms, curtains of woodwork, roller blinds of wood, wooden curtains, raff blinds (not textile), parts for jalousies, rails, mountings, fastening elements, locks, chains, springs, cramps and holders to fasten jalousies, rolling liner (not from metal), manufactured control mechanisms for jalousies, not from metal (non-electric), small parts from plastic for jalousies and curtains, including curtain hooks, curtain rings, curtain blinds; coatstands, small parts from wood for jalousies and curtains, blinds for jalousies from wood or plastic, curtain accessories, namely curtain rods, swivel rods, curtain rings, plastic curtain rings, curtain rails, wooden door curtains, petrol cans made of plastic, with fasteners, jalousies, not from metal, from textile material for interior areas, sun jalousies, not from metal, from textile material for interior areas, containers for household and kitchen use, combs and sponges, brushes, except for painting, material for brush making, cleaning utensils, steel wool, raw and partly processed glass (with the exception of building glass), glassware, porcelain and earthenware, dustbins, make-up removing appliances, non-electric, dusting apparatus, non-electric, dishwashing brushes, aerosol dispensers, not for medical purposes, cinder sifters (household utensils), eyebrow brushes, baby baths, portable, heaters for feeding bottles, non-electric, goblets, basins (receptacles), watering devices, brooms, syringes for watering flowers and plants, holders for flowers and plants (flower arranging), flower pots, flower-pot covers, not of paper, cloth for washing floors, scrubbing brushes, candy boxes, hair for brushes, frying pans, cooking skewers, of metal, nozzles for watering cans, bread boards, bread bins, bread baskets, domestic, ironing boards, flat-iron stands, toilet brushes, brush goods, butter dishes, butter dish covers, chamois leather for cleaning, hot pots, not electrically heated, lids for kitchen pots, deodorising apparatus for personal use, egg cups, buckets, glass jars (carboys), ice buckets, electric combs, cruets, oil cruets, chopsticks, mouse traps, drinking flasks for travellers, chamois leather for cleaning, figurines (statuettes) of porcelain, terra-cotta or glass, flasks, bottles, bottle openers, moulds (kitchen utensils), ice cube molds (moulds), deep fryers, non-electric, fruit presses, non-electric, for household purposes, troughs for livestock, feeding troughs for animals, gardening gloves, watering cans, glass for vehicle windows (semi-finished product), glass incorporating fine electrical conductors, glass, unworked or semi-worked, except building glass, glass bulbs (receptacles), glass flasks (containers), glass (receptacles), mosaics of glass, not for building, boxes of glass, grills (cooking utensils), grill supports, napkin holders, gloves for household purposes, abrasive sponges for scrubbing the skin, shirt stretchers, trouser presses, trouser stretchers, insect traps, heat-insulated containers, insulating flasks, combs, comb cases, decanters, jugs, coffee services, coffee pots, non-electric, coffee grinders, hand-operated, coffee filters, non-electric, cookery molds (moulds), cooking utensils, non-electric, cooking and kitchen pots sets, cauldrons, cooking pots, baskets for domestic use, clothing stretchers, cosmetic utensils, food cooling devices, containing heat exchange fluids, for household purposes, refrigerating bottles, coldboxes (portable), non-electric, kitchen containers and equipment, works of art, of porcelain, terra-cotta or glass, clay or glass, furniture dusters, blenders, non-electric, for household purposes, shakers, mills for household purposes, other than hand-operated, mops, water apparatus for cleaning teeth and gums, chamber pots, nail brushes, noodle machines, hand-operated, fruit cups, oil cruets, cups of paper or plastic, boxes for dispensing paper towels, paper plates, perfume vaporizers, apparatus for wax-polishing, non-electric, pepper mills other than hand-operated, pepper pots, holders for flowers and plants (flower arranging), polishing apparatus and machines, for household purposes, non-electric, polishing gloves, polishing leather, polishing materials for making shiny, except preparations, paper and stone, powder compacts, powder puffs, cleaning instruments, hand-operated, rags (cloth) for cleaning, cleaning tow, sprinklers, cleaning instruments, hand-operated, rat traps, beaters, non-electric, mixing spoons (kitchen utensils), salad bowls, salt cellars, bowls (basins), signboards of porcelain or glass, autoclaves (pressure cookers), non-electric, cutting boards for the kitchen, whisks, non-electric, for household purposes, shoe horns, brushes for footwear, wax-polishing appliances, non-electric, for shoes, shoe trees (stretchers), bowls, soap holders and soapboxes, napkin rings, lazy susans, sieves (household utensils), shakers, sifters (household utensils), vessels of metal for making ice and iced drinks, menu card holders, earthenware, feather dusters, dusting cloths (rags), dishwashing brushes, buckets made of woven fabrics, litter boxes (trays) for pets, soup bowls, trays for domestic purposes, epergnes, tableware, other than knives, forks and spoons, cups, tea caddies, services (dishes), pastry cutters, rolling pins, domestic, carpet sweepers, carpet beaters (hand instruments), toilet utensils, toilet cases, toilet paper holders, toilet sponges, pots, drinking vessels, drinking glasses, saucers, waffle irons, non-electric, toothbrushes, washing boards, clothes-pegs, drying racks for washing, lye washtubs, clothes racks, for drying, kettles, non-electric, floss for dental purposes, toothpicks, toothpick holders, sugar bowls, grinders/crushers, electric, for household purposes, non-electric, water storage systems, washing baskets, clothes racks for drying, microwave plates, paper and plastic plates, including goblets, cups, dishes, glasses, figurines of porcelain, earthenware, glass and similar ceramic materials, indoor aquaria and their hoods, indoor terrariums (vivariums), ropes, string, nets, tents, maps, sails, bags (sacks), padding materials (except from rubber or plastic), raw fibrous textile, car towing ropes, wrapping or binding bands, not of metal, down (feathers), fishing nets, straw wrappers for bottles, hemp, hammocks, wood wool, jute, plastic fibers (fibres) for textile use, straps, not of metal, for handling loads, awnings of synthetic materials, awnings of textile, twine for nets, network, upholstery wool (stuffing), twine made of paper, mail bags, bags (sacks) for the transport and storage of materials in bulk, shorn wool, sisal, carded wool, rope ladders, textile fibres, sails, sacks (bags) of textile, for packaging, packing rope, bags for washing hosiery, raw or treated wool, tents, binding thread, not of metal, windscreens, gift and decoration ribbons of textile, yarn and thread for textile use, spun cotton, cotton thread and yarn, chenille yarn, elastic thread and yarn for textile use, fibreglass thread for textile use, rubber thread for textile use, hemp thread and yarn, jute thread and yarn, coir thread and yarn, rayon thread and yarn, threads of plastic materials for textile use, linen thread and yarn, sewing thread and yarn, spun silk, silk thread and yarn, embroidery thread and yarn, darning thread and yarn, spun thread and yarn, spun wool, woollen thread and yarn, woven and textile material, bed and tablecloths, tissues of textile for removing make-up, bath linen, except clothing, cotton fabrics, bed blankets, bed linen, bed clothes, covers for cushions, printers’ blankets of textile, shower curtains of textile or plastic, labels of cloth, flags, not of paper, filtering materials of textile, felt, linings (textile), curtains of textile or plastic, curtain holders of textile material, gummed cloth, other than for stationery, ticks (mattress covers), mattress covers, furniture coverings of plastic, upholstery fabrics, mosquito nets, place mats, not of paper, glass cloths (towels), travelling rugs (lap robes), velvet, bed covers, textile material, net curtains, curtains of textile or plastic, tissues, table runners, tablecloths, not of paper, fitted toilet lid covers of fabric, sheets (textile), curtains of textile or plastic, tissues (textile), serviettes (table), oilcloth for use as tablecloths, footwear, headgear for wear, clothing (including knitted, woven and leather clothing) for women, men, children and babies, particularly outer, under, leisure, work and sportswear, swimwear including bathing suits, bathing trunks, bath robes, bathing caps, bath sandals, bath slippers, bandanas (neckerchiefs), shower caps, furs (clothing), clothing of imitations of leather, clothing of leather, masquerade costumes, motorists’ clothing, paper clothing, fishing vests, cyclists’ clothing, knitwear (clothing), overalls, ready-made clothing, boas (necklets), scarves, collar protectors, veils (clothing), cuffs, pocket squares, neckties, ascots, gloves (clothing), belts (clothing), money belts (clothing), detachable collars, suspenders (clothing), pockets for clothing, ready-made linings (parts of clothing), layettes (clothing), babies’ pants, babies’ diapers of textile, bibs, not of paper, stockings, socks, tights, stocking suspenders, shoes including sport shoes, sandals, half-boots, boots, sneakers and slippers, non-slipping devices for boots and shoes, heels, inner soles, fittings of metal for shoes and boots, welts for boots and shoes, soles for footwear, footwear uppers, caps, caps (headwear), hats, hoods, ear muffs (clothing), underwear (clothing) including bodysuits (teddies, bodies) brassieres, undershirts, pants, corsages, breeches for wear, slips, corselets, underskirts, camisoles, sleep masks, lace and embroidery, laces and shoelaces, buttons, hooks and eyes, needles, artificial flowers, badges for wear, not of precious metal, brassards, expanding bands for holding sleeves, cords for clothing, lace for edgings, trimmings for clothing, braids, brooches (clothing accessories), binding needles, heat adhesive patches for decoration of textile articles (haberdashery), feathers (clothing accessories), sewing thimbles, heat adhesive patches for repairing textile articles, fringes, artificial garlands, thread of metal for embroidery, belt clasps, hair bands, hair colouring caps, hair grips (slides), hair pins, hair nets, bows for the hair, hair ornaments, barrettes (hair-slides), false hair, toupees, plaited hair, trouser clips for cyclists, fastenings for suspenders, hat ornaments, not of precious metal, edgings for clothing, eyelets for clothing, frills for clothing, fastenings for clothing, skirt flounces, hook and pile fastening tapes, cords for clothing, wreaths of artificial flowers, artificial fruit, haberdashery, except thread, reins for guiding children, hair curlers, other than hand implements, non-electric, hair curling papers, needle cases, not from noble metal, needle cushions, spangles for clothing, sewing boxes, zip fasteners, buckles (clothing accessories), shoe buckles, shoe laces, embroidery, monogram tabs for marking linen, woollen laces, false beards, carpets, door mats, mats, linoleum and other floor coverings, tapestry (wall hangings), not of textile, floor coverings, reed mats, artificial turf, linoleum, carpet underlay, carpets, games, particularly electronic, other than those adapted for use with an external display screen or monitor, amusement machines, automatic and coin-operated, toys, sports articles, sports equipment, fishing tackle, fish hooks, lines for fishing, reels for fishing, rods for fishing, gut for fishing, rattles (playthings), baseball gloves, building games, building blocks (toys), billiard tables, billiard cues, billiard balls, chalk for billiard cues, bodybuilding equipment, bows for archery, boxing gloves, board games, ornaments for Christmas trees, except illumination articles and confectionery, Christmas trees of synthetic material, Christmas tree stands, dominoes, kites, skating boots with skates attached, elbow guards (sports articles), expander, stationary exercise bicycles, scale model vehicles, toy masks, fencing gauntlets, fencing masks, fencing weapons, shuttlecocks, radio-controlled toy vehicles, parlour games, paragliders, golf gloves, golf clubs, golf bags, dumb-bells, inline roller skates, playing cards, climbers’ harness, knee guards (sports articles), puppets, mobiles (toys), nets for sports, toy pistols, plush toys, quoits, dolls, doll’s beds, dolls’ feeding bottles, dolls’ houses, dolls’ clothes, dolls’ rooms, puzzles, slides (playthings) rollers for stationary exercise bicycles, scooters (toys), roller skates, swings, rocking horses, novelties for parties, dances (party favors, favours), shin guards (sports articles), targets, batting gloves (accessories for games), sleighs (sports articles), ice skates, butterfly nets, artificial snow for Christmas trees, snowshoes, protective paddings (parts of sports suits), swimming pools (play articles), flippers for swimming, sailboards, skateboards, bags especially designed for skis and surfboards, skis, ski bindings, wax for skis, snowboards, balls for games, playing cards, tables for indoor football, dice, toys for domestic pets, toy vehicles, rackets, sling shots (sports articles), surfboards, teddy bears, tennis nets, table tennis tables, tennis rackets, table tennis bats, trampolines (sports articles), water skis, swings, cups for dice, darts, discuses for sports, flying discs (toys), percussion caps (toys), amusement machines, automatic and coin-operated, meat, fish, poultry and game, meat extract, conservatives, dried and cooked fruit and vegetable, jellies, jams, compotes, eggs, milk and milk products, cooking oil and fat, broth, broth concentrates, fat-containing mixtures for bread slices, butter, peanut butter, meat jellies, fruit soaked in alcohol, preparations for making bouillon, fruit jellies, lobsters, not live, yoghurt, chocolate nut butter, crystallized fruits, potato crisps, potato fritters, cheese, kephir (milk beverage), coconut butter, coconuts (dried), soups, croquettes, crustaceans, not live, liver pâté, almonds, prepared, margarine, marmalades, milk beverages, milk predominating, whey, nuts, prepared, olives (preserved), pickles, mushrooms, pollen prepared as foodstuff, raisins, cream (dairy products), sauerkraut, shellfish, not live, ham, soya beans (preserved), bacon, gelatine for food, preparations for making soup, tofu, tomato purée, tomato juice for cooking, truffles, preserved, sausages, charcuterie, antipasti, meat, fish, poultry and game, meat preparations, fully and half-prepared meals and salads, consisting of meat and/or fish and/or poultry and/or sausage and/or game, fully and half-prepared meals and salads consisting of fruit and/or vegetables, vegetarian based bread slices, butter milk, fresh cream, curd, milk powder for consumption, dietary groceries or nutritional additives for non medical purposes based on proteins, fats, fatty acids, with addition of vitamins, minerals, trace elements, either individually or in combination, pulses, potatoes and prepared potato products, cheese products, potato dumplings, potato purée, caviar, coconut milk, snacks, potato products manufactured in an extrusion process for food, potato chips, dried fruits, hazelnut/peanut/macadamia/cashews/pistachio, dried, roasted, salted, scalloped and/or spiced, fries, quark, hash browns, sour cream, soya meals as meat replacement, all aforementioned goods also as conserves or deep frosted where possible, coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee replacements, flour and cereal preparations, bread, pastries and cakes, ice cream, honey, golden syrup, yeast, baking powder, salt, mustard, vinegar, sauces (spicy), spices, ice for refreshment, flavorings (flavourings), other than essential oils, for beverages, flavorings (flavourings), other than essential oils, for cakes, thickening agents for cooking foodstuffs, binding agents for ice cream (edible ices), biscuits, bonbons, bread rolls, sandwiches, cornflakes, ice tea, essences for foodstuffs, except etheric essences and essential oils, meat tenderizers, for household purposes, meat pies, meat gravies, spring rolls, pastries, chips (cereal products), husked barley, tea-based drinks, condiments, glucose for food, gluten for food, yeast, coffee flavorings (flavourings), coffee-based beverages, cocoa products, cocoa-based beverages, candy for food, capers, potato flour for food, chewing gum, not for medical purposes, biscuits, ketchup (sauce), cake powder, cakes, cake paste, edible decorations for cakes, corn, milled, corn, roasted, corn flour, maltose, malt for human consumption, marzipan, mayonnaise, farinaceous foods, gruel, with a milk base, for food, nutmegs, flour-milling products, müsli, noodles, breadcrumbs, pasty, pies, pancakes (crepes), pizzas, popcorn, pudding, quiches, ravioli, salad dressings, sandwiches, leaven, chocolate, chocolate-based drinks, mustard meal, soya meal, soy sauce, sherbets (ices), spaghetti, powders for ice cream, starch for food, starch for food, sushi, natural sweeteners, tacos, tapioca flour for food, tomato sauce, pasta, tarts, tortillas, glucose for food, waffles, seasonings, aromatic preparations for food, confectionary, rusks, confectionery for decorating Christmas trees, fully and partially prepared meals as well as salads, consisting of rice and pasta, baking powder, cereal products, cereal snacks, toast, sandwich bread, croissants and baguettes, crisp bread, hamburgers, vegetable burgers, hotdogs, rice snacks, wheat, rice and corn products for food, corn chips, popcorn, pretzel sticks, salty snacks, confectionary, pralines, filled, chocolate, wine and fruit gums, liquorice, sweet parfaits, desserts, custard powder, fresh red food dessert, rice pudding, gnocchi, tortellini, macaroni, lasagne, spaetzle, Swabian ravioli, fruit sauces, ready-made sauces, remoulade, peppers, dietary groceries or additives for non-medical purposes based on carbohydrates, fibre, vitamins, minerals, trace elements, either individually or in combination, garden herbs, preserved, land, garden and forestry products as well as grains (seeds), live animals, fresh fruit and vegetables, live plants and natural flowers, forage, malt, algae for human or animal consumption, aromatic sand for pets (litter), oysters, live, trees, raw barks, berries, fresh fruits, flower bulbs, beans, fresh, stinging nettles, chicory (salad), peas, fresh, peanuts, fresh, chestnuts, fresh, fish spawn, fishmeal for animal consumption, pet food, fruit, fresh, lime for animal forage, grains for animal consumption, additives to fodder, not for medical purposes, straw (forage), vegetables (fresh), sanded paper for pets (litter), beverages for pets, cereal seeds, unprocessed, grains (cereals), cucumbers, hazelnuts, lobster (not live), potatoes, edible chews for animals, seed germ for botanical purposes, crabs (live), coconuts, coconut shell, lettuce, rough cork, strengthening animal forage, crustaceans (live), garden herbs, fresh, squashes, spiny lobsters, live, leeks, lentils, fresh, almonds (fruits), corn, chestnuts, fresh, stall food for animals, straw mulch, mussels, live, by-products of the processing of cereals, for animal consumption, nuts, olives, fresh, oranges, palms (leaves of the palm tree), plants, dried, for decoration, mushrooms (fresh), pollen (raw material), leeks, protein for animal consumption, rice, untreated, rhubarb, shellfish, live, sesame, seedlings, products for animal litter, straw litter, bred stock, turf, natural, litter peat, grapes, flowers, dried, for decoration, truffles, fresh, fodder, salt for cattle, bird food, juniper berries, roots for food, lemons, citrus fruits, onions (fresh vegetables), sugar cane, edible flowers, beer, mineral water, carbonated water and other alcohol-free drinks, beverages containing fruit, syrup and other ingredients for making alcohol, alcohol-free aperitifs, powders for effervescing beverages, pastilles for effervescing beverages, alcohol-free cocktails, peanut milk (soft drink), essences for making beverages, fruit nectars, non-alcoholic, vegetable juices (beverages), isotonic beverages, lemonades, syrups for lemonade, lithia water, malt beer, milk of almonds (beverage), orgeat, whey beverages, must, preparations for making liqueurs, sarsaparilla (non-alcoholic drink), seltzer water, soda water, sherbets (beverages), table waters, tomato juice (beverages), grape must, waters (beverages), non-alcoholic fruit extracts, preparations for making aerated water, preparations for making mineral water, non-alcoholic honey-based beverages, alcoholic beverages, except beer, alcoholic essences, alcoholic extracts, alcoholic beverages containing fruit, fruit extracts, alcoholic, aperitifs, cider, arrack (arak), perry, brandy, cocktails, curaçao, distilled beverages, gin, hydromel (mead), kirsch, liqueurs, bitters, mead, rice alcohol, sake, rum, schnapps, spirits (beverages), piquette, wines, whisky, vodka, wines (non-alcoholic), milk beverages, milk predominating, brandy made of fruits, champagne, tobacco, matches, absorbent paper for tobacco pipes, ashtrays, mouthpieces of yellow amber for cigar and cigarette holders, firestones, lighters for smokers, gas containers for cigar lighters, chewing tobacco, herbs for smoking, mouthpieces for cigarette holders, pipe cleaners, pipe racks for tobacco pipes, snuff, snuff boxes, spittoons for tobacco users, match boxes, match holders, tobacco pouches, tobacco jars, tobacco pipes, pocket machines for rolling cigarettes, cigarettes containing tobacco substitutes, not for medical purposes, cigarettes, cigarette cases, cigarette filters, cigarette tips, cigarette paper, cigarette holders, cigarillos, cigars, cigar cutters, cigar cases, humidors, cigar holders; storage of electronically saved data and documents.

Class 38: Telecommunication; information about telecommunication; providing user access to information on the Internet, from platforms and/or portals on the Internet; providing telecommunications connections to a global computer network; establishment of a teleshopping channel, namely television broadcasting; interactive videotext services; electronic bulletin board services (telecommunications services); data communication by means of telecommunication and satellite; email services; telecommunications routing and junction services; mobile telephone services, including electronic transmittal of text and spoken news reports; computer aided transmission of messages and images; news agencies; image and sound delivery of news and/or all press as a service from press agencies; telephone services; facsimile services; rental of telephone, radio, mobile phones and facsimile equipment, modems; providing access to medical and pharmaceutical information, also via the Internet; providing access to information regarding health, health management, medicine or therapy, also via the Internet; providing access to information with regard to health courses and/or offers about the Internet.

The services of European Union trade mark No 4 858 891 on which the opposition is based are the following:

Class 35: Advertising; business management services; business administration; office functions; retail services in relation to chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry, unprocessed artificial resins, unprocessed plastics, manure, fire-extinguishing compositions, tempering and soldering preparations, chemicals for preserving foodstuffs, tanning materials, adhesives for use in industry, paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, dyes, mordants, raw natural resins, metal in sheet and powder form for painters, decorators, printers and artists, bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, industrial oils and greases, lubricants; dust absorbing, wetting and binding compositions, fuels (including motor spirit) and illuminants, candles and wicks for lighting, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic substances adapted for medical use, food for babies; plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, herbicides, common metals and their alloys, metal building materials, transportable buildings of metal; materials of metal for railway tracks, non-electric cables and wires of common metal, ironmongery, small items of metal hardware, pipes and tubes of metal, safes; ores, machines and machine tools, motors and engines (except for land vehicles), machine coupling and transmission components (except for land vehicles), agricultural implements other than hand-operated, incubators for eggs, hand tools and implements (hand-operated), cutlery, side arms, razors, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, automatic vending machines and mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment and computers, fire-extinguishing apparatus, surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth, orthopedic articles, suture materials, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, vehicles, apparatus for locomotion by land, air or water, firearms, ammunition and projectiles, explosives, fireworks, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, precious stones; horological and chronometric instruments, musical instruments, paper, cardboard and goods made from these materials, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists’ materials, paint brushes, typewriters and office requisites (except furniture), instructional and teaching material (except apparatus), plastic materials for packaging, printers’ type, printing blocks, rubber, gutta-percha, gum, asbestos, mica and goods made from these materials, plastics in extruded form for use in manufacture, packing, stopping and insulating materials; flexible pipes, not of metal, leather and imitations of leather, and goods made of these materials, animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery, building materials (non-metallic), non-metallic rigid pipes for building, asphalt, pitch and bitumen, non-metallic transportable buildings; monuments, not of metal, furniture, mirrors, picture frames; goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics, household or kitchen utensils and containers (not of precious metal or coated therewith), 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, ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials (except of rubber or plastics), raw fibrous textile materials, yarns and threads, for textile use, textiles and textile goods, bed and table covers, clothing, footwear, headgear, lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers, carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile), games and playthings; gymnastic and sporting articles, decorations for Christmas trees, meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats, 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, agricultural, horticultural and forestry products and grains, not included in other classes, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt, beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), tobacco, smokers’ articles, matches; order placement and delivery services and invoice management, including within the framework of e-commerce; display services for merchandising; retail supermarket, retail food outlet and consumer market services; business consultancy, in particular for commercial process optimisation, for efficient and complete control of commercial logistics chains, to increase stock transparency, to accelerate payment processes by means of new point-of-sale systems and for interactive store communications; providing information on the Internet and intranets in connection with all the aforesaid services; collation and presentation of goods (except transport) for use by others in supermarkets or consumer markets; commercial information agencies; assistance to commercial or industrial firms in the conduct of their business; marketing; advertising by mail order; advertising on the Internet; direct mail advertising; television advertising; radio advertising; outdoor advertising; cinema advertising; publicity columns preparation; preparing audio-visual presentations for use in advertising; rental of advertising material; updating of advertising material; dissemination of advertising matter; direct mail advertising; temporary employment agencies; economic forecasting and analysis; market analysis; analyses (cost price analysis);relocation services for businesses; retail management assistance; business research; business networking; business management planning; business auditing; procurement services, for others (purchasing of goods and services for other businesses); business management and organization consultancy services; market analysis; market research; business management; assistance to commercial or industrial firms in the conduct of their business; import and export agency services; vending machine rental services; rental of automatic vending machines; sales promotion (for others); modelling for advertising or sales promotion; providing of business know-how (franchising);commercial transactions, for others, including within the framework of e-commerce; sales consultancy; Consumer consultancy; public relations.

The contested services are the following:

Class 35: Advertisement services, marketing, promotion, import and export relating to second-hand goods; business consultancy relating to the franchising of pawnbroking businesses, market analysis; commercial information relating to second-hand goods; wholesale services, commercial retailing and via global computer networks of household electrical appliances, bicycles, sporting articles, ready-made clothing, timepieces, jewellery, computer products, computers, data processing equipment, scientific apparatus and instruments, nautical, surveying, photographic, cinematographic, optical, measuring, weighing, signalling, checking apparatus and instruments, apparatus for recording, transmission, reproduction of sound or images, recording discs, musical instruments, books, newsletters, magazines, pamphlets, and brochures, greeting cards, CDs, games, toys, household and kitchen goods, cutlery, forks and spoons, side arms, leather and imitations of leather, trunks, suit cases, umbrellas, parasols and walking sticks, whips, harness and saddlery, porcelain, furniture, mirrors (looking glasses), picture frames, new or second-hand.

Class 36: Pawnbrokerage, evaluations and financial evaluation, financial services provided by pawnbrokers; valuation services; insurance services; financial and financing services including loan services; real estate services.

Class 38: Telecommunications services; communications by worldwide computer networks.

An interpretation of the wording of the list of services is required to determine the scope of protection of these services.

The terms ‘in particular’, ‘particularly’, ‘including’ and ‘featuring’, used in the opponent’s lists of services of European Union trade marks No 4 858 891 and No 9 512 609, indicate that the specific services (or the goods following the services in some cases) are only examples of items included in the category and that protection is not restricted to them. In other words, they introduce non-exhaustive lists of examples (see the judgment of 09/04/2003, T-224/01, Nu-Tride, EU:T:2003:107).

However, the term ‘namely’, used in the opponent’s list of services of European Union trade mark No 9 512 609 to show the relationship of individual goods and services with a broader category, is exclusive and restricts the scope of protection only to the specifically listed services.

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 services in Class 35

The contested advertisement services are identically contained in the opponent’s list of services (albeit using slightly different wording).

The contested marketing, promotion are intended to promote other companies’ goods or services and are included in the broad category of the opponent’s advertising. Therefore, they are identical.

The contested import and export relating to second-hand goods are included in the broad category of the opponent’s import-export agencies. Therefore, they are identical.

The contested business consultancy relating to the franchising of pawnbroking businesses is included in the broad category of the opponent’s professional business consultancy. Therefore, they are identical.

Marketing research is the collection and analysis of information about a particular market to assess the viability of a product or service. Consequently, the contested market analysis, albeit worded slightly differently, is identical to the opponent’s marketing research, also in digital networks.

The contested commercial information relating to second-hand goods overlaps with the opponent’s commercial information and advice for consumers (consumer advice shop). Therefore, they are identical.

Retail services can be provided through commercial outlets, as well as via global computer networks. Consequently, the contested commercial retailing and via global computer networks of sporting articles, jewellery, computers, data processing equipment, scientific apparatus and instruments, nautical, surveying, photographic, cinematographic, optical, measuring, weighing, signalling, checking apparatus and instruments, apparatus for recording, transmission, reproduction of sound or images, recording discs, musical instruments, games, cutlery, side arms, leather and imitations of leather, trunks, umbrellas, parasols and walking sticks, whips, harness and saddlery, porcelain, furniture, mirrors (looking glasses), picture frames, new or second-hand are identical to the opponent’s retail services in relation to the same goods, namely retail services in relation to sporting articles, jewellery, data processing equipment and computers, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision) apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images, recording discs, musical instruments, games, cutlery, side arms, leather and imitations of leather, trunks, umbrellas, parasols and walking sticks, whips, harness and saddlery, porcelain, furniture, mirrors, picture frames.

Furthermore, the following contested retail services of particular goods and some of the opponent’s retail services of particular goods are also identical, because they refer to goods that either include the other goods or overlap with them. In particular, the Opposition Division notes that the following goods are identical:

• Household electrical appliances overlap with apparatus for lighting, as both categories include household apparatus for lighting. Consequently, they are identical.

• Bicycles are included in the broad category of vehicles. Therefore, they are identical.

• Ready-made clothing is included in the broad category of clothing. Therefore, these goods are identical.

• Timepieces are included in the broad category of horological and chronometric instruments. Therefore, they are identical.

• Computer products may include various goods such as microphones, loudspeakers and webcams. Therefore, these goods overlap with apparatus for recording, transmission or reproduction of sound or images and are identical.

• Books, newsletters, magazines, pamphlets, and brochures, greeting cards are included in the broad category of printed matter and are, therefore, identical.

• CDs are included in the broad category of recording discs. Therefore, they are identical.

• Toys are included in the broad category of playthings. Therefore, they are identical.

• Household and kitchen goods include, as a broader category, household or kitchen utensils and containers (not of precious metal or coated therewith). Therefore, these goods are identical.

• Forks and spoons are included in the broad category of cutlery. Therefore, they are identical.

Consequently, the contested commercial retailing and via global computer networks of household electrical appliances, bicycles, ready-made clothing, timepieces, computer products, books, newsletters, magazines, pamphlets, and brochures, greeting cards, CDs, toys, household and kitchen goods, forks and spoons are identical to the opponent’s retail services in relation to apparatus for lighting, vehicles, clothing, horological and chronometric instruments, printed matter, playthings, household or kitchen utensils and containers (not of precious metal or coated therewith), cutlery, respectively.

As regards the contested commercial retailing and via global computer networks of suit cases, these services are highly similar to the opponent’s retail services in relation to trunks and travelling bags. The services at issue have the same nature, since both are retail services, the same purpose of allowing consumers to conveniently satisfy different shopping needs, and the same method of use. Furthermore, they have the same relevant public and distribution channels, because they concern closely related goods.

As for the contested wholesale services of particular goods, these services are similar to the opponent’s retail services of the same or closely related goods, since the services under comparison refer to different forms of activities around the actual sale of identical or highly similar goods. Wholesaling is selling goods to other undertakings (retailers), which then sell the goods to end consumers. Even though their relevant publics and distribution channels are different, these services have the same nature and purpose and they are complementary to each other. Moreover, wholesalers sometimes also provide retail services and thus the commercial origin of these services can be the same. Consequently, wholesale services of household electrical appliances, bicycles, sporting articles, ready-made clothing, timepieces, jewellery, computer products, computers, data processing equipment, scientific apparatus and instruments, nautical, surveying, photographic, cinematographic, optical, measuring, weighing, signalling, checking apparatus and instruments, apparatus for recording, transmission, reproduction of sound or images, recording discs, musical instruments, books, newsletters, magazines, pamphlets, and brochures, greeting cards, CDs, games, toys, household and kitchen goods, cutlery, forks and spoons, side arms, leather and imitations of leather, trunks, suit cases, umbrellas, parasols and walking sticks, whips, harness and saddlery, porcelain, furniture, mirrors (looking glasses), picture frames, new or second-hand are similar to the opponent’s retail services in relation to apparatus for lighting, vehicles, sporting articles, clothing, horological and chronometric instruments, jewellery, data processing equipment and computers, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision) apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images, recording discs, musical instruments, printed matter, games and playthings, household or kitchen utensils and containers (not of precious metal or coated therewith), cutlery, side arms, leather and imitations of leather, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery, porcelain, furniture, mirrors, picture frames, respectively.

Contested services in Class 36

The contested pawnbrokerage, evaluations and financial evaluation, financial services provided by pawnbrokers; valuation services; insurance services; financial and financing services including loan services; real estate services are various financial and monetary services, insurance services and real estate services. Financial services are usually provided by financial and banking institutions. Insurance services consist of providing monetary compensation and/or assistance when a specified contingency occurs, such as death, accident, sickness, contract failure and, in general, any event capable of causing damages. Real estate affairs comprise real estate property management and evaluation, and real estate agency services, as well as consultancy and provision of information related thereto. This mainly involves finding property, making it available for potential buyers and acting as an intermediary.

The opponent’s services in Class 35 include various advertising, business management and business administration services, office functions and related information and consultancy services. These services consist of providing other businesses with assistance in the sale of their goods and services by promoting their launch and sale, or of reinforcing the client’s position in the market and acquiring competitive advantage through publicity. They also comprise services rendered by specialised business consultants, who gather information and provide tools and expertise to enable their customers to carry out their business and to acquire, develop and expand market share. These services involve activities such as business research and analysis and updating, searching and maintaining business information on databases, etc. All the abovementioned services are rendered by people or organisations in order to assist with the running, management and business affairs of commercial undertakings or deliver promotional and marketing services by undertaking communications to the public.

The services under comparison have different natures and purposes and they are normally rendered by different undertakings through different distribution channels. The opponent’s services aim to support or help other businesses to carry out or improve their business. Consequently, they are professional business-to-business services with the aim of assisting other companies with their commercial activities. It is very unlikely that financial institutions, for example, would render such business-related services. The services are neither in competition nor complementary in such a way that one would be indispensable or important for the other. Therefore, the services under comparison are dissimilar.

These contested services are also not sufficiently closely related to the opponent’s remaining services in Class 35, which are retail services of particular goods, or to the opponent’s services in Class 38, which are telecommunication services. These contested services and the opponent’s services have different natures and purposes and are not provided by the same undertakings. They differ in their distribution channels and are neither complementary nor in competition. Therefore, they are considered dissimilar.

Contested services in Class 38

Telecommunications services are identically contained in both lists of services.

The contested communications by worldwide computer networks are included in the broad category of the opponent’s telecommunication. Therefore, they are identical.

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 services found to be identical or similar are directed partly at the public at large (e.g. commercial retailing of ready-made clothing in Class 35 or telecommunication services in Class 38), whose degree of attention will be average, and partly at business customers with specific professional knowledge or expertise, such as companies seeking assistance in how to be successful, take advantage of business opportunities or promote the launch or the sale of their goods and services (e.g. advertisement services in Class 35). Due to the degree of sophistication and the cost of some of the business-related services, their infrequent purchase and the serious and long-term impact they may have on the purchaser’s business, the relevant public’s degree of attention in relation to them is considered higher than average.

3. The signs

REAL European Union trade mark No 4 858 891 European Union trade mark No 9 512 609
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).

Earlier European Union trade mark No 4 858 891 (earlier mark 1) is the word mark ‘REAL’. In the case of word marks, the word as such is protected, not its written form. Therefore, it is irrelevant whether the word mark is depicted in lower or upper case letters, or in a combination thereof.

Earlier European Union trade mark No 9 512 609 (earlier mark 2) is a figurative mark consisting of the word ‘REAL’ written in rather standard bold red lower case letters leaning slightly to the right. The word ‘REAL’ is followed by a device in blue made up of two lines that resembles a comma followed by a dash.

The contested sign is a figurative mark in blue and white consisting of the words ‘REAL’ and ‘CASH’ and the letter ‘R’. The first word, ‘REAL’, is depicted in rather standard title case letters. The word ‘CASH’ is depicted in bold upper case letters, and the letter ‘S’ is replaced by the dollar symbol, ‘$’, in white against a blue flag. It should be noted that the depiction of the letter ‘S’ will not alter the public’s perception of this element as a letter, given that it is depicted as part of a word. Consumers are accustomed to encountering trade marks in which one or more letters are depicted in a fanciful way, as in the present case. The verbal elements ‘REAL’ and ‘CASH’ of the mark are followed by an upper case letter ‘R’ in white with a crown above it, depicted within a blue square with round corners.

None of the marks has any element that could be considered dominant over the other elements.

The word ‘REAL’, present in all the marks under comparison, is a word that exists in several languages in the relevant territory (e.g. in English, German, Portuguese, Romanian and Spanish) and has similar equivalents in most of the other languages (e.g. ‘reale’ in Italian, ‘reāls’ in Latvian, ‘realny’ in Polish, ‘reálny’ in Slovenian, ‘реален’, transliterated as ‘realen’, in Bulgarian). Consequently, it will be understood by the majority of the relevant public as referring to something ‘existing or occurring in the physical world; not imaginary, fictitious, or theoretical; actual’. This element is a vague adjective that, per se, has no direct connection to any of the relevant services. It is also distinctive for the part of the public that will not understand its meaning and will perceive it as a fanciful term.

The figurative device following the word ‘REAL’ in earlier mark 2, which resembles a comma and a dash, is an abstract and distinctive element that does not convey a particular meaning.

The word ‘CASH’ in the contested sign is an English word referring to money in the form of notes or coins. It will be perceived as such by the English-speaking part of the public and by some consumers in other parts of the relevant territory where it is commonly used with this meaning. The distinctiveness of this term is lower than average in relation to some of the relevant services, such as retail services of particular goods, due to its common use in shopping and trade. It is of average distinctiveness in relation to another part of the relevant services, such as advertising and telecommunications services. It is also of average distinctiveness in relation to all the relevant services for the part of the public that does not understand its meaning.

Furthermore, the letter ‘S’ in the word ‘CASH’ may also be perceived as the dollar symbol and will reinforce the concept of ‘cash’ or ‘money’.

The current practice of the Office is that single letters have a concept. The public in the relevant territory will perceive the final letter ‘R’ in the contested sign as a letter of the Latin alphabet (see, for example, 08/05/2012, T-101/11, G, EU:T:2012:223, § 56); this letter is of average distinctiveness in relation to the relevant services. The crown on top of the letter ‘R’ will be perceived as such. Its distinctiveness is lower than average, since it is a commonly used laudatory symbol of power, legitimacy, victory, triumph, honour and glory.

Visually, the signs coincide in the word ‘REAL’, which constitutes earlier mark 1 in its entirety, is the only verbal element of earlier mark 2, and is included as an identifiable and independent element at the beginning of the contested sign. Consumers generally tend to focus on the beginning of a sign when they encounter a trade mark. 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.

The marks differ in the additional second verbal element of the contested sign, ‘CASH’, the letter ‘R’, and the figurative elements and particular stylisation of the sign, as well as in the figurative element and stylisation of earlier mark 2. Nevertheless, as regards the graphical depictions of the signs, it should be noted 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. The particular stylisations of the verbal elements are not striking and will be perceived as ordinary graphical means of bringing the verbal elements to the attention of the public.

Therefore, taking into account all the relevant factors, it is concluded that the marks are visually similar to an average 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 word ‘REAL’, constituting the only verbal element of the earlier marks and present as the first word of the contested sign. The pronunciation differs in the sounds of the second word, ‘CASH’, and the letter ‘R’ in the contested sign, which have no counterparts in the earlier 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.

There is a conceptual link between the signs for the part of the relevant public that will understand the meaning of the coinciding word ‘REAL’. The marks differ in the additional concepts present in the contested sign, conveyed by the word ‘CASH’ (for the part of the public that understands its meaning) and the letter ‘R’ with a crown.

Therefore, the marks are conceptually similar to a high degree for the part of the public that will understand the meaning of ‘REAL’ but will perceive the word ‘CASH’ as meaningless (e.g. part of the Spanish-speaking public).

The words ‘REAL’ and ‘CASH’ in the contested sign will be perceived as a logical and conceptual unit by the part of the public that understands the meanings of both elements (e.g. the English-speaking part of the public), indicating that the object (‘cash’/‘money’) is actual, existent or material. For that part of the public, the marks are conceptually similar to a low degree on account of the distinctive verbal element ‘REAL’, which the marks have in common.

Part of the public may perceive the coinciding element ‘REAL’ as a meaningless word in the marks. It will perceive the letter ‘R’ in the contested sign as such and may perceive the word ‘CASH’ in that sign as having the abovementioned meaning or as a fanciful word. In any case, since the earlier marks have no meaning for that part of the public, 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.

4. Distinctiveness of the earlier marks

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

According to the opponent, the earlier marks have been extensively used and enjoy an enhanced scope of protection. 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 marks will rest on their distinctiveness per se. In the present case, the earlier trade marks as a whole have no meaning for any of the services in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier marks must be seen as normal.

5. Global assessment, other arguments and conclusion

The appreciation of likelihood of confusion on the part of the public depends on numerous elements and, in particular, on the recognition of the earlier mark on the market, the association which can be made with the registered mark, the degree of similarity between the marks and between the goods or services identified (recital 8 of the EUTMR). It must be appreciated globally, taking into account all factors relevant to the circumstances of the case (22/06/1999, C-342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 18; 11/11/1997, C-251/95, Sabèl, EU:C:1997:528, § 22).

The services under comparison are partly identical, partly similar and partly dissimilar. The earlier marks enjoy a normal degree of distinctiveness per se in relation to the relevant services.

The signs are visually and aurally similar to an average degree, and, for part of the public, conceptually similar to some degree on account of the coinciding verbal element ‘REAL’, present as the only word of the earlier marks and as the first verbal element of the contested sign. The word ‘CASH’ and the letter ‘R’ in the contested sign will not go unnoticed by consumers. However, the element ‘REAL’, which is identical to the earlier marks’ verbal element, is distinguishable in the contested sign and plays an independent role in it.

In its observations, the applicant argues that the earlier trade marks have limited distinctive character given that there are many trade marks that include the word ‘REAL’. In support of its argument, the applicant refers to several trade mark registrations in the European Union.

The Opposition Division notes that the existence of several trade mark registrations is not per se particularly conclusive, as it does not necessarily reflect the situation in the market. In other words, on the basis of data concerning a register only, it cannot be assumed that all such trade marks have been effectively used. It follows that the evidence filed does not demonstrate that consumers have been exposed to widespread use of, and have become accustomed to, trade marks that include the word ‘REAL’. Under these circumstances, the applicant’s claims must be set aside.

Article 8(1)(b) EUTMR states that, upon opposition, an EUTM application shall not be registered if, because of its identity with or similarity to the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected; the likelihood of confusion includes the likelihood of association with the earlier trade mark. Indeed, the relevant consumers may legitimately believe that the contested trade mark is a new version or a brand variation of the earlier marks. Therefore, the Opposition Division considers that there is a likelihood of confusion, including a likelihood of association, in relation to identical or similar services.

Therefore, the opposition is partly well founded under Article 8(1)(b) EUTMR on the basis of the opponent’s European Union trade mark registrations No 4 858 891 and No 9 512 609.

It follows from the above that the contested trade mark must be rejected for the services found to be identical or similar to the services of the abovementioned earlier trade marks.

The rest of the contested services are dissimilar. As similarity of goods and services is a necessary condition for the application of Article 8(1) EUTMR, the opposition based on this article and directed at these services cannot be successful.

Since the opposition is partially successful on the basis of the inherent distinctiveness of the earlier marks, there is no need to assess the enhanced degree of distinctiveness of the opposing marks due to their extensive use as claimed by the opponent and in relation to identical and similar services. The result would be the same even if the earlier marks enjoyed an enhanced degree of distinctiveness.

Likewise, there is no need to assess the claimed enhanced degree of distinctiveness of the opposing marks in relation to dissimilar services, as the similarity of goods and services is a sine qua non for there to exist likelihood of confusion. The result would be the same even if the earlier marks enjoyed an enhanced degree of distinctiveness.

The opponent has also based its opposition on European Union trade mark registration No 2 251 130 for the figurative mark , registered for the following services:

Class 35: Operating a warehouse; retail trade services of food products and other commodities and consumer goods for end users.

The services in Class 35 of this earlier mark are at least partly included among the services of earlier European Union trade marks No 4 858 891 and No 9 512 609 examined above. Nevertheless, the Opposition Division further notes that the services of this earlier mark are dissimilar to the remaining contested services in Class 36 (pawnbrokerage, evaluations and financial evaluation, financial services provided by pawnbrokers; valuation services; insurance services; financial and financing services including loan services; real estate services), since the services under comparison have different natures and purposes and they are usually provided by different companies through different channels. Therefore, the outcome cannot be different with respect to the contested services for which the opposition has already been rejected; no likelihood of confusion exists with respect to those services.

This finding would still be valid even if earlier European Union trade mark registration No 2 251 130 were considered to enjoy a high degree of distinctiveness, as claimed by the opponent. Given that the dissimilarity between the services cannot be overcome by the highly distinctive character of the earlier trade mark, the evidence submitted by the opponent in this respect does not alter the outcome reached above.

COSTS

According to Article 85(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 85(2) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division will decide a different apportionment of costs.

Since the opposition is successful only for part of the contested services, both parties have succeeded on some heads and failed on others. Consequently, each party has to bear its own costs.

The Opposition Division

Adriana VAN ROODEN

Boyana NAYDENOVA

Catherine MEDINA

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.