OPPOSITION DIVISION
OPPOSITION No B 2 704 537
The East India Company Holdings Pte. Ltd, 150 Orchard Road, Orchard Plaza,
Singapore 238841, Singapore (opponent), represented by Joshi Worldwide IP,
Citypoint, 1 Ropemaker Street, City of London, London EC2Y 9HT, United Kingdom
(professional representative)
a g a i n s t
Ibrahim Rifat Edin, Tahlisiye Yolu, Kupeste Sokak, Eski Tahlisiye Binasi, No:1,
Kisirkaya Köyü, Kilyos, Sariyer-Istanbul, Turkey (applicant), represented by Silex IP,
Poeta Joan Maragall 9, Esc. Izq., 3º Izq., 28020 Madrid, Spain (professional
representative).
On 18/10/2017, the Opposition Division takes the following
DECISION:
1. Opposition No B 2 704 537 is partially upheld, namely for the following
contested goods and services:
Class 16: Paper and cardboard; paper and cardboard for packaging and
wrapping purposes, cardboard boxes; plastic materials for packaging and
wrapping purposes; printing blocks and types; bookbinding material; printed
publications; printed matter; books, magazines, newspapers, bill books, printed
dispatch notes, printed vouchers, calendars; posters; photographs [printed];
paintings; stickers [stationery]; postage stamps; stationery, office stationery,
instructional and teaching material [except furniture and apparatus]; writing and
drawing implements; artists’ materials; paper products for stationery purposes;
adhesives for stationery purposes, pens, pencils, erasers, adhesive tapes for
stationery purposes, cardboard cartons [artists’ materials], writing paper,
copying paper, paper rolls for cash registers, drawing materials, chalkboards,
painting pencils, watercolors [paintings]; office requisites; paint rollers and
paintbrushes for painting.
Class 25: Clothing; footwear; headgear.
Class 30: Coffee, coffee beverages; iced coffee; instant coffee; unroasted
coffee; tea, artificial tea; black tea; fruit teas; iced tea; instant tea; tea-based
beverages; flowers or leaves for use as tea substitutes; herbal teas, other than
for medicinal use; cocoa and artificial coffee; rice; tapioca and sago; flour and
preparations made from cereals; bread, pastry and confectionery; ices; sugar,
honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces
(condiments); spices; ice.
Class 35: Advertising agencies services, marketing and publicity bureaus
services including commercial or advertisement exhibition and trade fair
organization services; providing office functions; business management;
business administration; import and export agencies; business investigations,
evaluations, expert business appraisals; auctioneering; the bringing together,
for the benefit of others, of paper and cardboard, paper and cardboard for
Decision on Opposition No B 2 704 537 page: 2 of 19
packaging and wrapping purposes, cardboard boxes, paper towels, toilet
paper, paper napkins, plastic materials for packaging and wrapping purposes,
printing blocks and types, bookbinding material, printed publications, printed
matter, books, magazines, newspapers, bill books, printed dispatch notes,
calendars, posters, enabling customers to conveniently view and purchase
those goods; the bringing together, for the benefit of others, of photographs
[printed], paintings, stickers [stationery], postage stamps, stationery, office
stationery, instructional and teaching material [except furniture and apparatus],
writing and drawing implements, artists’ materials, paper products for stationery
purposes, adhesives for stationery purposes, pens, pencils, erasers, adhesive
tapes for stationery purposes, enabling customers to conveniently view and
purchase those goods; the bringing together, for the benefit of others, of
cardboard cartons [artists’ materials], writing paper, copying paper, paper rolls
for cash registers, drawing materials, chalkboards, painting pencils,
watercolors [paintings], office requisites, paint rollers and paintbrushes for
painting, rosaries, clothing, footwear, headgear, coffee, coffee beverages, iced
coffee, instant coffee, unroasted coffee, tea, artificial tea, black tea, enabling
customers to conveniently view and purchase those goods; the bringing
together, for the benefit of others, of fruit teas, iced tea, instant tea, tea-based
beverages, flowers or leaves for use as tea substitutes, herbal teas, other than
for medicinal use, cocoa and artificial coffee, rice, tapioca and sago, flour and
preparations made from cereals, bread, pastry and confectionery, ices, sugar,
honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces
(condiments), spices, ice enabling customers to conveniently view and
purchase those goods; all of the aforementioned retail services are provided by
retail stores, wholesale outlets, through mail order catalogues or by means of
electronic media, including, through web sites or television shopping
programmes.
Class 39: Land, water and air transport services; rental of land, water or air
vehicles; arranging of tours; travel reservation; issuing of tickets for travel;
courier services (messages or merchandise); car parking; garage rental; boat
storage; transport by pipeline; electricity distribution; water supplying; rescue
operations for vehicles and goods; storage, wrapping and packaging of goods;
transport and storage of trash; transport and storage of waste.
Class 43: Services for providing food and drink; temporary accommodation;
day-nurseries (crèches); boarding for animals.
2. European Union trade mark application No 14 781 033 is rejected for all the
above goods and services. It may proceed for the remaining goods.
3. Each party bears its own costs.
REASONS:
As from 01/10/2017, Regulation (EC) No 207/2009 and Regulation (EC) No 2868/95
have been repealed and replaced by Regulation (EU) 2017/1001 (codification),
Delegated Regulation (EU) 2017/1430 and Implementing Regulation (EU)
2017/1431, subject to certain transitional provisions. All the references in this
decision to the EUTMR, EUTMDR and EUTMIR shall be understood as references to
the regulations currently in force, except where expressly indicated otherwise.
Decision on Opposition No B 2 704 537 page: 3 of 19
The opponent filed an opposition against all the goods and services of European
Union trade mark application No 14 781 033 for the figurative mark
, for goods and services in Classes 16, 25, 30, 35, 39 and
43. The opposition is based on the following earlier rights:
– European Union trade mark registration No 10 513 349 for the word mark
‘THE EAST INDIA COMPANY’, registered for goods and services in
Classes 28, 31, 34, 35, 42 and 45;
– European Union trade mark registration No 13 110 739 for the word mark
‘THE EAST INDIA COMPANY’, registered for goods and services in
Classes 3, 4, 6, 7, 8, 9, 14, 16, 18, 20, 21, 24, 25, 27, 29, 30, 32, 33, 34, 36,
37, 39, 41, 43 and 44;
– non-registered trade mark ‘THE EAST INDIA COMPANY’, for the European
Union and for goods and services in Classes 3, 4, 6, 7, 8, 9, 14, 16, 18, 20,
21, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44 and
45.
The opponent invoked Article 8(1)(b), 8(5) and 8(4) EUTMR.
LIKELIHOOD OF CONFUSION – ARTICLE 8(1)(b) EUTMR
A likelihood of confusion exists if there is a risk that the public might believe that the
goods or services in question, under the assumption that they bear the marks in
question, come from the same undertaking or, as the case may be, from
economically linked undertakings. Whether a likelihood of confusion exists depends
on the appreciation in a global assessment of several factors, which are
interdependent. These factors include the similarity of the signs, the similarity of the
goods and services, the distinctiveness of the earlier mark, the distinctive and
dominant elements of the conflicting signs and the relevant public.
a) The goods and services
The goods and services on which the opposition is based are the following:
EUTM No 10 513 349
Class 28: Games and playthings; gymnastic and sporting articles not included in
other classes; decorations for Christmas trees; sport balls; board games; tables for
table football; stuffed dolls and animals; toy vehicles; puzzles; jigsaw puzzles;
balloons; inflatable toys; playing cards; confetti; articles for gymnastics and sport,
appliances for gymnastics; soccer equipment, namely, soccer balls, gloves, knee
pads, elbow pads, shoulder pads, shin guards, soccer goals; soccer goal walls;
sporting bags and containers adapted for carrying sports articles; party hats (toys);
hand-held electronic games other than those adapted for use with television
Decision on Opposition No B 2 704 537 page: 4 of 19
receivers only; foam hands (toys); toy robots for entertainment use; arcade games;
replica models of aircraft; toys for pet animals; hand-held game machines with liquid
crystal displays.
Class 31: 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; nut and products made substantially of nuts;
hampers containing fresh fruits and vegetables, seeds, nuts, natural plants and
flowers, malt.
Class 34: Tobacco; smokers’ articles; matches; raw or manufactured; processed
tobacco cigars and cigarettes; matches; lighters; cigarette cases, ashtrays, smoker’s
articles; cigarettes; tobacco; cigars.
Class 35: Advertising; business management; business administration; office
functions; retail services in relation to a variety of goods, including, perfumery,
cosmetics, shower gels, body lotions, printed matter, books, magazines, leather
goods, luggage, wallets, passport holders, luggage tags, furniture, household
furniture and textiles; hampers, hampers containing food, household or kitchen
utensils and containers, tea pots, tea strainers, caddy spoons, textiles and textile
goods, tea towels, clothing, footwear, headgear; dried and cooked fruits and
vegetables, jellies, jams, marmalade, chutneys, soups, fruits sauces, dairy products,
eggs, milk, milk products, edible oils and fats, preserves, fruit preserves, vegetable
preserves, pickles, salad sauces, preparations for making soup, coffee, tea, black
tea, black tea in bags, herbal teas, green tea, green tea in bags, cocoa, artificial
coffee, coffee essences and coffee extracts, mixture of coffee and chicory, chicory
and chicory mixtures, all for use as substitutes for coffee, chocolates, biscuits, nuts
and preparations made from cereals, bread, biscuits, cakes, pastry and
confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper,
vinegar, sauces, spices, ice, condiments, curry powder, sugar confectionery,
poppadums, beer, ale and porter, non-alcoholic drinks and preparations for making
such drinks, mineral and aerated waters, soft drinks, non-alcoholic beverages, fruit
drinks and fruit juices, alcoholic beverages (except beers), wines, spirits and
liqueurs, cider and sherry, port wine, preparations for making foods; hand tools and
implements, optical and audio-visual and magnetic and electrical/electronic
apparatus/equipment, medical apparatus/equipment, lighting and heating and
cooking and refrigerating and drying and ventilating apparatus/equipment, vehicles
and their accessories, goods of precious metals, jewellery and chronometric
instruments, enabling customers to conveniently view and purchase those goods in a
department store, in an airport retail outlet, from a general merchandise catalogue by
mail order, a general merchandise Internet site or by means of telecommunications;
convenience store services namely retailing of food and beverage products, sale and
supply of beverages through vending machines; advertising and promotion services,
advertising through sponsorship, information services in relation to advertising and
promotion, business information services; sales promotion, providing advantage
programs for customers, ticket sales promotion services; customer loyalty services
and customer club services, for commercial, promotional and /or advertising
purposes; distributing loyalty cards; promotion of goods and services of third parties;
sponsorship and licensing services and agreements; business management and
organisation consultancy; business consultancy services; organising of promotional
competitions; provision of business information; publicity of sports events; advice and
assistance in the selection of goods; provision of advisory and information services in
relation to the aforesaid services.
Decision on Opposition No B 2 704 537 page: 5 of 19
Class 42: Design services; home and building design services; interior design
services; design of computer software; Scientific and technological services and
research and design relating thereto; industrial analysis and research services;
design and development of computer hardware and software.
Class 45: Licensing services; maintaining lists of wedding or other gift presents for
selection by others; preparation of wedding present lists; maintaining list of gifts for
selection by others; preparation of gift lists; Copyright management of film and video
and recordings of sound and images, as well as interactive CDs, DVDs, mini-discs,
CD ROMs, computer programs and computer games; security services; clothing
rental; Internet based social networking services; legal services; security services for
the protection of property and individuals; personal and social services rendered by
others to meet the needs of individuals.
EUTM No 13 110 739
Class 3: Perfumes; essential oils; soaps; bleaching preparations and other
substances for laundry use; cleaning, polishing, scouring and abrasive preparations;
perfumery, cosmetics, hair lotions; dentifrices; parts and fittings for all the aforesaid.
Class 4: Candles; industrial oils and greases; lubricants; dust absorbing, wetting and
binding compositions; fuels (including motor spirit) and illuminants; candles and
wicks for lighting; parts and fittings for all the aforesaid.
Class 6: Small metal items; bronze; 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; goods of common metal not included in
other classes namely sculptures, statues and works of art; ores; parts and fittings for
all the aforesaid.
Class 7: Automatic vending machines.
Class 8: Cutlery; hand tools and implements (hand-operated); side arms; razors;
parts and fittings for all the aforesaid.
Class 9: Scientific, nautical, surveying, electric, photographic, cinematographic,
optical, weighing, measuring, signalling, checking (supervision), life-saving and
teaching apparatus and instruments; apparatus for recording, transmission or
reproduction of sound or images; magnetic data carriers, recording discs; automatic
mechanisms for coin-operated apparatus; cash registers, calculating machines, data
processing equipment and computers; fire-extinguishing apparatus.
Class 14: Jewellery; precious metals and their alloys and goods in precious metals or
coated therewith, not included in other classes, namely, brooches, badges, boxes,
trinket boxes, jewellery boxes, jewellery cases, watch cases, chains, watch chains,
jewellery chains, neck chains, charms, shirt pins, shirt studs, tie clips, tie pins, coins,
commemorative coins, cufflinks, decorative pins, ornamental and lapel pins, earrings,
figurines, ingots, thread, key rings, lockets, medallions, medals, watch bands, watch
straps, rings, stands for clocks, stopwatches, sundials, table clocks, thimbles, tiara,
jewellery, bracelets, necklaces, pendants, precious stones; horological and
chronometric instruments; parts and fittings for all the aforesaid.
Decision on Opposition No B 2 704 537 page: 6 of 19
Class 16: Paper, cardboard and goods made from these materials, not included in
other classes, namely, printed publications, books, magazines, advertisements,
flyers, posters, leaflets, pamphlets, brochures, cardboard cut-outs, boxes, cards,
exhibition stand panels, invitations and banners, advertising materials and
promotional publications (printed matter), diaries; 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 (not included in other classes); printers’ type; printing blocks; parts and
fittings for all the aforesaid.
Class 18: Leather and imitations of leather, and goods made of these materials
and not included in other classes, namely bags, handbags, shopping bags, purses,
wallets, key cases, briefcases, attaché cases, trunks, travelling bags, suitcases,
vanity cases, suit carriers, travel bags, holdalls, garment bags, make-up cases, belts,
business card holders, passport holders, luggage tags, leather wallets for diaries and
notebooks; animal skins, hides; trunks and travelling bags; umbrellas, parasols and
walking sticks; whips, harness and saddlery; parts and fittings for all the aforesaid.
Class 20: Furniture, mirrors, picture frames; goods (not included in other classes) 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, namely,
furniture for home, for the office or for commercial premises, mirrors, picture frames,
cupboards, shelves, cabinets, tables, chairs, wardrobes, garden furniture, tables,
bedside tables, chairs, hooks for bathrobes antique furniture, bathroom furniture,
bedroom furniture, cabinets, stools, coat rack, desks, door furniture, doors, dressers,
drawers, storage furniture, wine racks, wooden furniture, magazine racks, wall
plaques, flower baskets, holders, tubs and stands, plate racks, doorstops, hampers,
curtain accessories; parts and fittings for all the aforesaid.
Class 21: Glass; porcelain ware; 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 not included in other classes; parts and fittings for all the aforesaid.
Class 24: Textiles and textile goods, not included in other classes; bed and table
covers; parts and fittings for all the aforesaid.
Class 25: Clothing, footwear, headgear.
Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering
existing floors; wall hangings (non-textile); parts and fittings for all the aforesaid.
Class 29: Foodstuffs in class 29; 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.
Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and
preparations made from cereals, bread, pastry and confectionery, ices; honey,
treacle; yeast, baking powder, salt, mustard; vinegar, sauces (condiments); spices;
ice.
Decision on Opposition No B 2 704 537 page: 7 of 19
Class 32: Beers; mineral and aerated waters and other non-alcoholic drinks; fruit
drinks and fruit juices; syrups and other preparations for making beverages.
Class 33: Alcoholic beverages (except beers).
Class 34: Tobacco; smoker’s articles, matches; parts and fittings for all the aforesaid.
Class 36: Financial affairs; insurance; monetary affairs; real estate affairs;
information, consultancy and advisory services relating to the aforesaid.
Class 37: Building construction; repair and maintenance of buildings; repair and
maintenance of electrical appliances, furniture, heating and kitchen apparatus; repair
of furs, clothing, clocks, watches, shoes, upholstery and of office machines and
apparatus; installation of electrical appliances, furniture, heating and kitchen
apparatus; information, consultancy and advisory services relating to the aforesaid.
Class 39: Travel agency services; transport; packaging and storage of goods; travel
arrangement; consultancy and advisory services relating to the aforesaid.
Class 41: Education; providing of training; entertainment; sporting and cultural
activities.
Class 43: Restaurants; provision of food and drink; bar and catering services; snack
bars; tea bars; services for providing food and drink; temporary accommodation;
consultancy and advisory services relating to the aforesaid.
Class 44: Beauty salons; medical services; veterinary services; hygienic and beauty
care for human beings or animals; agriculture, horticulture and forestry services;
consultancy and advisory services relating to the aforesaid.
The contested goods and services are the following:
Class 16: Paper and cardboard; paper and cardboard for packaging and wrapping
purposes, cardboard boxes; paper towels; toilet paper; paper napkins; plastic
materials for packaging and wrapping purposes; printing blocks and types;
bookbinding material; printed publications; printed matter; books, magazines,
newspapers, bill books, printed dispatch notes, printed vouchers, calendars; posters;
photographs [printed]; paintings; stickers [stationery]; postage stamps; stationery,
office stationery, instructional and teaching material [except furniture and apparatus];
writing and drawing implements; artists’ materials; paper products for stationery
purposes; adhesives for stationery purposes, pens, pencils, erasers, adhesive tapes
for stationery purposes, cardboard cartons [artists’ materials], writing paper, copying
paper, paper rolls for cash registers, drawing materials, chalkboards, painting
pencils, watercolors [paintings]; office requisites; paint rollers and paintbrushes for
painting; rosaries.
Class 25: Clothing; footwear; headgear.
Class 30: Coffee, coffee beverages; iced coffee; instant coffee; unroasted coffee;
tea, artificial tea; black tea; fruit teas; iced tea; instant tea; tea-based beverages;
flowers or leaves for use as tea substitutes; herbal teas, other than for medicinal use;
cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from
cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-
powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
Decision on Opposition No B 2 704 537 page: 8 of 19
Class 35: Advertising agencies services, marketing and publicity bureaus services
including commercial or advertisement exhibition and trade fair organization services;
providing office functions; business management; business administration; import
and export agencies; business investigations, evaluations, expert business
appraisals; auctioneering; the bringing together, for the benefit of others, of paper
and cardboard, paper and cardboard for packaging and wrapping purposes,
cardboard boxes, paper towels, toilet paper, paper napkins, plastic materials for
packaging and wrapping purposes, printing blocks and types, bookbinding material,
printed publications, printed matter, books, magazines, newspapers, bill books,
printed dispatch notes, calendars, posters, enabling customers to conveniently view
and purchase those goods; the bringing together, for the benefit of others, of
photographs [printed], paintings, stickers [stationery], postage stamps, stationery,
office stationery, instructional and teaching material [except furniture and apparatus],
writing and drawing implements, artists’ materials, paper products for stationery
purposes, adhesives for stationery purposes, pens, pencils, erasers, adhesive tapes
for stationery purposes, enabling customers to conveniently view and purchase
those goods; the bringing together, for the benefit of others, of cardboard cartons
[artists’ materials], writing paper, copying paper, paper rolls for cash registers,
drawing materials, chalkboards, painting pencils, watercolors [paintings], office
requisites, paint rollers and paintbrushes for painting, rosaries, clothing, footwear,
headgear, coffee, coffee beverages, iced coffee, instant coffee, unroasted coffee,
tea, artificial tea, black tea, enabling customers to conveniently view and purchase
those goods; the bringing together, for the benefit of others, of fruit teas, iced tea,
instant tea, tea-based beverages, flowers or leaves for use as tea substitutes, herbal
teas, other than for medicinal use, cocoa and artificial coffee, rice, tapioca and sago,
flour and preparations made from cereals, bread, pastry and confectionery, ices,
sugar, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces
(condiments), spices, ice enabling customers to conveniently view and purchase
those goods; all of the aforementioned retail services are provided by retail stores,
wholesale outlets, through mail order catalogues or by means of electronic media,
including, through web sites or television shopping programmes.
Class 39: Land, water and air transport services; rental of land, water or air vehicles;
arranging of tours; travel reservation; issuing of tickets for travel; courier services
(messages or merchandise); car parking; garage rental; boat storage; transport by
pipeline; electricity distribution; water supplying; rescue operations for vehicles and
goods; storage, wrapping and packaging of goods; transport and storage of trash;
transport and storage of waste.
Class 43: Services for providing food and drink; temporary accommodation; day-
nurseries (crèches); boarding for animals.
An interpretation of the wording of the list of goods and services is required to
determine the scope of protection of these goods and services.
The term ‘including’, used in the applicant’s and the opponent’s lists of goods and
services, indicates that the specific goods and services are only examples of items
included in the category and that protection is not restricted to them. In other words, it
introduces a non-exhaustive list of examples (on the use of ‘in particular’, which has
the same function as ‘including’, see a reference in 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 goods and services to
show the relationship of individual goods and services with a broader category, is
Decision on Opposition No B 2 704 537 page: 9 of 19
exclusive and restricts the scope of protection only to the specifically listed goods
and services.
As a preliminary remark, it is to be noted that according to Article 33(7) EUTMR,
goods or services are not regarded as being similar to or dissimilar from each other
on the ground that they appear in the same or different classes under the Nice
Classification.
The relevant factors relating to the comparison of the goods or services include, inter
alia, the nature and purpose of the goods or services, the distribution channels, the
sales outlets, the producers, the method of use and whether they are in competition
with each other or complementary to each other.
Contested goods in Class 16
The contested paper overlap with the opponent’s bookbinding material insofar as
both categories include book repair paper for book binding. Therefore, they are
identical.
The contested cardboard; cardboard cartons [artists’ materials]; drawing materials,
painting pencils; paint rollers and paintbrushes for painting are included in the broad
category of the opponent’s artists’ materials. Therefore, they are identical.
The contested cardboard boxes are included in the broad category of the opponent’s
boxes. Therefore, they are identical.
Plastic materials for packaging and wrapping purposes; printing blocks; bookbinding
material; printed publications; printed matter; books, magazines; stationery; artists’
materials; adhesives for stationery purposes are identically contained in both lists of
goods (including synonyms).
The contested newspapers are included in the broad category of the opponent’s
printed publications. Therefore, they are identical.
The contested bill books; printed dispatch notes, printed vouchers, calendars;
posters; postage stamps are included in the broad category of the opponent’s printed
matter. Therefore, they are identical.
The contested photographs [printed] are included in the broad category of the
opponent’s photographs. Therefore, they are identical.
The contested stickers [stationery]; office stationery; writing and drawing implements;
paper products for stationery purposes; pens, pencils, erasers, adhesive tapes for
stationery purposes, writing paper, copying paper, paper rolls for cash registers are
included in the broad category of the opponent’s stationery. Therefore, they are
identical.
The contested instructional and teaching material (except furniture and apparatus);
chalkboards are included in the broad category of the opponent’s instructional and
teaching material (except apparatus). Therefore, they are identical.
The contested office requisites include, as a broader category, the opponent’s office
requisites (except furniture). Since the Opposition Division cannot dissect ex officio
the broad category of the contested goods, they are considered identical to the
opponent’s goods.
Decision on Opposition No B 2 704 537 page: 10 of 19
The contested types and the opponent’s printers’ type are highly similar. These
goods have the same purpose and are complementary. Furthermore, they have the
same producers and distribution channels.
The contested paper and cardboard for packaging and wrapping purposes are similar
to the opponent’s plastic materials for packaging (not included in other classes), as
they can have the same purpose and are in competition. Furthermore, they target the
same relevant public and are sold in the same outlets.
The contested paintings; watercolors [paintings] have close connections with the
opponent’s photographs. Their natures are similar, as they may all consist of
depictions of images, portraits, etc., and they all have an artistic value. In addition,
they can originate from the same providers and have the same distribution channels
(galleries, specialised shops for artists’ materials and works of art). They may also
target the same relevant public. Therefore, they are considered similar.
The remaining contested goods in Class 16, namely paper towels; toilet paper; paper
napkins; rosaries, are dissimilar to the opponent’s goods and services in Classes 3,
4, 6, 7, 8, 9, 14, 16, 18, 20, 21, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39,
41, 42, 43, 44 and 45. Paper towels; toilet paper; paper napkins are goods made of
paper and cellulose, intended for personal or household. Rosaries are strings of
beads that members of religions use for counting prayers. These contested goods
and the opponent’s goods and services have different natures, purposes and
methods of use. They are neither complementary nor in competition. They are not
manufactured/provided by the same undertakings and are not sold in the same
outlets.
Contested goods in Class 25
Clothing; footwear; headgear are identically contained in both lists of goods.
Contested goods in Class 30
Coffee; tea; cocoa; artificial coffee; rice; tapioca and sago; flour and preparations
made from cereals; bread, pastry and confectionery; ices; sugar; honey, treacle;
yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice are
identically contained in both lists of goods.
The contested coffee beverages; iced coffee; instant coffee; unroasted coffee are
included in the broad category of the opponent’s coffee. Therefore, they are identical.
The contested artificial tea; black tea; fruit teas; iced tea; instant tea; tea-based
beverages; herbal teas, other than for medicinal use are included in the broad
category of the opponent’s tea. Therefore, they are identical.
The contested flowers or leaves for use as tea substitutes are highly similar to the
opponent’s tea, as they have the same method of use and are in competition.
Moreover, they can have the same manufacturers and distribution channels.
Contested services in Class 35
The contested advertising agencies services, marketing and publicity bureaus
services including commercial or advertisement exhibition and trade fair organization
Decision on Opposition No B 2 704 537 page: 11 of 19
services are included in the broad category of the opponent’s advertising. Therefore,
they are identical.
Providing office functions; business management; business administration are
identically contained in both lists of services (including synonyms).
The contested business investigations, evaluations, expert business appraisals are
included in the broad category of, or overlap with, the opponent’s business
management. Therefore, they are identical.
The contested import-export agency services are similar to the opponent’s business
management. These services are provided by the same undertakings and through
the same distribution channels. Furthermore, they target the same public.
In accordance with settled case-law, the contested retail services related to specific
goods are considered similar to the opponent’s retail services related to other specific
goods. 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. To that extent, the contested bringing together,
for the benefit of others, of paper and cardboard, paper and cardboard for packaging
and wrapping purposes, cardboard boxes, paper towels, toilet paper, paper napkins,
plastic materials for packaging and wrapping purposes, printing blocks and types,
bookbinding material, printed publications, printed matter, books, magazines,
newspapers, bill books, printed dispatch notes, calendars, posters, enabling
customers to conveniently view and purchase those goods; the bringing together, for
the benefit of others, of photographs [printed], paintings, stickers [stationery],
postage stamps, stationery, office stationery, instructional and teaching material
[except furniture and apparatus], writing and drawing implements, artists’ materials,
paper products for stationery purposes, adhesives for stationery purposes, pens,
pencils, erasers, adhesive tapes for stationery purposes, enabling customers to
conveniently view and purchase those goods; the bringing together, for the benefit of
others, of cardboard cartons [artists’ materials], writing paper, copying paper, paper
rolls for cash registers, drawing materials, chalkboards, painting pencils, watercolors
[paintings], office requisites, paint rollers and paintbrushes for painting, rosaries,
clothing, footwear, headgear, coffee, coffee beverages, iced coffee, instant coffee,
unroasted coffee, tea, artificial tea, black tea, enabling customers to conveniently
view and purchase those goods; the bringing together, for the benefit of others, of
fruit teas, iced tea, instant tea, tea-based beverages, flowers or leaves for use as tea
substitutes, herbal teas, other than for medicinal use, cocoa and artificial coffee, rice,
tapioca and sago, flour and preparations made from cereals, bread, pastry and
confectionery, ices, sugar, honey, treacle, yeast, baking-powder, salt, mustard,
vinegar, sauces (condiments), spices, ice enabling customers to conveniently view
and purchase those goods; all of the aforementioned retail services are provided by
retail stores, wholesale outlets, through mail order catalogues or by means of
electronic media, including, through web sites or television shopping programmes
have to be considered at least similar to the opponent’s retail services in relation to a
variety of goods, including, perfumery, cosmetics, shower gels, body lotions, printed
matter, books, magazines, leather goods, luggage, wallets, passport holders,
luggage tags, furniture, household furniture and textiles; hampers, hampers
containing food, household or kitchen utensils and containers, tea pots, tea strainers,
caddy spoons, textiles and textile goods, tea towels, clothing, footwear, headgear;
dried and cooked fruits and vegetables, jellies, jams, marmalade, chutneys, soups,
fruits sauces, dairy products, eggs, milk, milk products, edible oils and fats,
preserves, fruit preserves, vegetable preserves, pickles, salad sauces, preparations
for making soup, coffee, tea, black tea, black tea in bags, herbal teas, green tea,
Decision on Opposition No B 2 704 537 page: 12 of 19
green tea in bags, cocoa, artificial coffee, coffee essences and coffee extracts,
mixture of coffee and chicory, chicory and chicory mixtures, all for use as substitutes
for coffee, chocolates, biscuits, nuts and preparations made from cereals, bread,
biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking powder,
salt, mustard, pepper, vinegar, sauces, spices, ice, condiments, curry powder, sugar
confectionery, poppadums, beer, ale and porter, non-alcoholic drinks and
preparations for making such drinks, mineral and aerated waters, soft drinks, non-
alcoholic beverages, fruit drinks and fruit juices, alcoholic beverages (except beers),
wines, spirits and liqueurs, cider and sherry, port wine, preparations for making
foods; hand tools and implements, optical and audio-visual and magnetic and
electrical/electronic apparatus/equipment, medical apparatus/equipment, lighting and
heating and cooking and refrigerating and drying and ventilating
apparatus/equipment, vehicles and their accessories, goods of precious metals,
jewellery and chronometric instruments, enabling customers to conveniently view
and purchase those goods in a department store, in an airport retail outlet, from a
general merchandise catalogue by mail order, a general merchandise Internet site or
by means of telecommunications.
The contested auctioneering is similar to a low degree to the opponent’s retail
services in relation to a variety of goods, including of wines. Both those services
relate to the sale of goods, which in a particular case might be the opponent’s wines.
There is an obvious link between commercial auctions and retail activities in that their
target publics may be interested in buying the same goods. While retail is the more
conventional way of selling goods, nowadays it often happens that, for instance,
prestigious wines are offered for sale in auctions. Therefore, the services are also in
competition with each other.
Contested services in Class 39
The contested land, water and air transport services; rental of land, water or air
vehicles; courier services (messages or merchandise); transport by pipeline;
electricity distribution; water supplying; transport of trash; transport of waste are
included in the broad category of the opponent’s transport. Therefore, they are
identical.
The contested arranging of tours; travel reservation; issuing of tickets for travel are
included in the broad category of the opponent’s travel agency services. Therefore,
they are identical.
The contested car parking; garage rental; boat storage; storage of trash; storage of
waste are included in or overlap with the opponent’s storage of goods. The general
indication storage of goods, meaning the putting and keeping of things in a special
place for use in the future, is interpreted in a very broad sense, thus including car
parking, parking place rental and garage rental. Therefore, these services are
identical.
Storage, wrapping and packaging of goods are identically contained (including
synonyms) in both lists of services in Class 39.
The contested rescue operations for vehicles and goods are similar to the opponent’s
transport services. These services are complementary and have the same
distribution channels and end users.
Contested services in Class 43
Decision on Opposition No B 2 704 537 page: 13 of 19
Services for providing food and drink; temporary accommodation are identically
contained in both lists of services in Class 43.
The contested day-nurseries (crèches); boarding for animals relate to the provision of
accommodation for animals and of crèches. These types of services often offer
services such as the opponent’s services of providing food and drink. In the
contested day-nurseries (crèches), food and drinks are often served to the children.
The same reasoning applies to boarding for animals. In view of the preceding
considerations, it is not unusual for the services in question to be provided by the
same undertaking or linked undertakings, and consumers expect this to be the case.
All these services are even likely to be complementary and to that extent are similar.
b) Relevant public — degree of attention
The average consumer of the category of products concerned is deemed to be
reasonably well informed and reasonably observant and circumspect. It should also
be borne in mind that the average consumer’s degree of attention is likely to vary
according to the category of goods or services in question.
In the present case, the goods and services found to be identical or similar to various
degrees are partly directed at the public at large (e.g. goods in Classes 16, 25 and 30
and services in Class 43) and partly directed at business customers with specific
professional knowledge or expertise (in particular services in Class 35).
The degree of attention will vary from average to high, depending on the frequency of
purchase, the price and the impact that the goods and services have on a
consumer’s business.
c) The signs
THE EAST INDIA COMPANY
Earlier trade marks 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).
Decision on Opposition No B 2 704 537 page: 14 of 19
The contested sign is a figurative mark consisting of the figurative letters ‘VOC’ at the
top and the verbal element ‘East India Company’ at the bottom. The letters ‘VOC’ are
stylised. The letter ‘V’ is larger than the letters ‘O’ and ‘C’, which are crossed by the
strokes of the letter ‘V’.
The applicant has submitted the information that part of the relevant public will
perceive ‘VOC’ as referring to ‘Vereenigde Oostindische Compagnie’, the Dutch East
India Company, incorporated in 1602. The Opposition Division considers that it
cannot be denied that part of the public, in particular the Dutch-speaking part of the
public, will see a reference to this concept in the letters ‘VOC’. Nevertheless, the vast
majority of the relevant public will not perceive this reference, in particular because
the word element depicted under ‘VOC’ is ‘East India Company’ and not ‘Dutch East
India Company’. In any case, this element has a normal degree of distinctiveness
because it has no meaning in relation to the goods and services at issue.
Part of the public, and in particular the English-speaking part of the public, may
understand the earlier mark and the element ‘East India Company’ in the contested
sign as referring to the English trading company incorporated in 1600 (see Oxford
English Dictionary online). The presence of the definite article ‘THE’ in the earlier
mark does not substantially alter this meaning. Consequently, for that part of the
public, this element, present in both signs, refers to an identifiable business entity.
Moreover, it has no meaning in relation to the opponent’s relevant goods and
services, and has an average degree of distinctive character.
Part of the public, and in particular part of the Dutch-speaking part of the public, will
perceive the element ‘East India Company’ as referring to ‘Vereenigde Oostindische
Compagnie’, the Dutch East India Company, for the reasons explained above.
For the remaining part of the public, the Opposition Division considers that the
consumers will understand the signs as referring to any company formed to conduct
trade with East India. The words ‘THE’, ‘EAST’, ‘INDIA’ and ‘COMPANY’ are relatively
basic English words, and it is settled case-law that a very large proportion of
European consumers and professionals have an elementary knowledge of English
(26/09/2012, T-301/09, Citigate, EU:T:2012:473, § 41).
The question of the distinctive character of a geographical term depends on whether
it designates a place that is currently associated with the goods or services in
question in the mind of the relevant public or whether it is reasonable to assume that
it will be associated with those goods or services in the future (04/05/1999, C-108/97
and C-109/97, Chiemsee, EU:C:1999:230, § 31), or that such a name may, in the
mind of the relevant public, designate the geographical origin of that category of
goods or services (15/01/2015, T-197/13, MONACO, EU:T:2015:16, § 51; T-379/03,
Cloppenburg, EU:T:2005:373, § 38). Bearing in mind that some of the relevant goods
and services relate to tea, transport, travel arrangement, packing and storage of
goods, provision of food and drink, and temporary accommodation, the expressions
as a whole are weak for these goods and services, as the part of the public that does
not perceive the reference to the Dutch or English incorporated company may
assume that the goods come from this region or that the services are provided in
East India or in relation to this geographical area (e.g. travel arrangements for a trip
to East India).
The unitary character of the European Union trade mark means that an earlier
European Union trade mark can be relied on in opposition proceedings against any
application for registration of a European Union trade mark that would adversely
affect the protection of the first mark, even if only in relation to the perception of
Decision on Opposition No B 2 704 537 page: 15 of 19
consumers in part of the European Union (18/09/2008, C-514/06 P, Armafoam,
EU:C:2008:511, § 57). Therefore, a likelihood of confusion for only part of the
relevant public of the European Union is sufficient to reject the contested application.
Consequently, the Opposition Division finds it appropriate to focus the comparison of
the signs on the part of the public that will perceive a reference to the English
company formed to conduct trade with East India (as explained above). This
comparison will not take into account the Dutch-speaking part of the public, which
could perceive two distinct concepts, the English company and the Dutch company.
Therefore, for the public under consideration, the marks at issue do not have any
element that could be considered clearly more distinctive than other elements.
In the contested sign, the element ‘VOC’ is dominant over ‘East India Company’,
because of its size.
Visually, the signs coincide in the words ‘EAST INDIA COMPANY’. They differ in
their additional elements, ‘THE’ in the earlier mark and ‘VOC’ in the contested sign.
Even though the element ‘VOC’ is dominant in terms of size in the contested sign, the
words ‘EAST INDIA COMPANY’ cannot be disregarded from a visual point of view,
because it is clearly legible and it is an independent element, marked by its own
stylisation.
Moreover, the protection that results from the registration of a word mark concerns
the words mentioned in the application for registration and not the specific typeface in
which they are depicted. Accordingly, the earlier mark is also protected for lower case
letters or a combination of lower and upper case letters. Therefore, the fact that the
words ‘East India Company’ are in title case letters is irrelevant.
Bearing all this in mind, the Opposition Division considers that, despite the
abovementioned differences, the fact that the sole element of the earlier mark is
almost totally reproduced as an independent element of the contested sign (the
influence of the word ‘THE’ being rather low) is sufficient for a finding that the signs
have an average degree of visual similarity.
Aurally, the signs coincide in the sound of the elements ‘EAST INDIA COMPANY’,
while they differ in the sound of their additional elements, ‘THE’ in the earlier mark
and ‘VOC’ in the contested sign.
The signs are therefore aurally similar to a high degree.
Conceptually, reference is made to the previous assertions concerning the semantic
content conveyed by the marks. The element ‘VOC’ will, most likely, be perceived as
an abbreviation the specific meaning of which is unknown to the part of the public in
question. Even bearing in mind the visually dominant character of this abbreviation,
both signs will be perceived as referring to the English company formed in 1600 and,
therefore, the signs are conceptually highly similar.
As the signs have been found similar in at least one aspect of the comparison, the
examination of likelihood of confusion will proceed.
Decision on Opposition No B 2 704 537 page: 16 of 19
d) Distinctiveness of the earlier mark
The distinctiveness of the earlier mark is one of the factors to be taken into account
in the global assessment of likelihood of confusion.
The opponent claimed that the earlier trade mark enjoys enhanced distinctiveness
but did not file any evidence in order to prove such a claim.
Consequently, the assessment of the distinctiveness of the earlier mark will rest on its
distinctiveness per se. In the present case, the earlier trade mark as a whole has no
meaning for any of the goods and services in question from the perspective of the
public under consideration. Therefore, the distinctiveness of the earlier mark must be
seen as normal.
e) Global assessment, other arguments and conclusion
Evaluating likelihood of confusion implies some interdependence between the
relevant factors and, in particular, a similarity between the marks and between the
goods or services. Therefore, a lesser degree of similarity between goods and
services may be offset by a greater degree of similarity between the marks and vice
versa (29/09/1998, C-39/97, Canon, EU:C:1998:442, § 17).
The goods and services are partly identical, partly similar to various degrees and
partly dissimilar. The signs are visually similar to an average degree and aurally and
conceptually similar to a high degree for the public under consideration.
Furthermore, account is taken of the fact that average consumers rarely have the
chance to make a direct comparison between different marks, but must trust in their
imperfect recollection of them (22/06/1999, C-342/97, Lloyd Schuhfabrik,
EU:C:1999:323, § 26). Even consumers who pay a high degree of attention need to
rely on their imperfect recollection of trade marks (21/11/2013, T-443/12, ancotel,
EU:T:2013:605, § 54).
Article 8(1)(b) EUTMR states that, upon opposition, an EUTM 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. In the present case, consumers may
legitimately believe that the contested sign denotes a new brand or line of goods and
services provided under the opponent’s mark. In the present case, from the
perspective of the public under consideration, the elements ‘VOC’ and ‘East India
Company’ are equally distinctive. Account must be taken of the fact that the earlier
mark is almost entirely included in the contested sign as an independent and
distinctive element.
Considering all the above, there is a likelihood of confusion, including a likelihood of
association, on the part of the public that perceives the coinciding element ‘East India
Company’ as referring to the English joint-stock company incorporated in 1600. As
stated above in section c) of this decision, a likelihood of confusion for only part of
the relevant public of the European Union is sufficient to reject the contested
application.
Decision on Opposition No B 2 704 537 page: 17 of 19
Therefore, the opposition is partly well founded on the basis of the opponent’s earlier
European Union trade mark registrations No 10 513 349 and No 13 110 739. It
follows that the contested trade mark must be rejected for the contested goods and
services found to be identical or similar to those of the earlier trade marks.
The rest of the contested goods 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 goods cannot be successful.
REPUTATION — ARTICLE 8(5) EUTMR
According to Article 8(5) EUTMR, upon opposition by the proprietor of a registered
earlier trade mark within the meaning of Article 8(2) EUTMR, the contested trade
mark will not be registered where it is identical with, or similar to, an earlier trade
mark, irrespective of whether the goods or services for which it is applied are
identical with, similar to or not similar to those for which the earlier trade mark is
registered, where, in the case of an earlier European Union trade mark, the trade
mark has a reputation in the Union or, in the case of an earlier national trade mark,
the trade mark has a reputation in the Member State concerned and where the use
without due cause of the contested trade mark would take unfair advantage of, or be
detrimental to, the distinctive character or the repute of the earlier trade mark.
According to Article 95(1) EUTMR, in proceedings before it the Office will examine
the facts of its own motion; however, in proceedings relating to relative grounds for
refusal of registration, the Office will be restricted in this examination to the facts,
evidence and arguments provided by the parties and the relief sought.
It follows that the Office cannot take into account any alleged rights for which the
opponent does not submit appropriate evidence.
According to Rule 19(1) EUTMIR (in the version in force at the time of
commencement of the adversarial part), the Office will give the opposing party the
opportunity to present the facts, evidence and arguments in support of its opposition
or to complete any facts, evidence or arguments that have already been submitted
together with the notice of opposition, within a time limit specified by the Office.
According to Rule 19(2)(c) EUTMIR (in the version in force at the time of
commencement of the adversarial part), when the opposition is based on a mark with
reputation within the meaning of Article 8(5) EUTMR, the opposing party must
provide evidence showing, inter alia, that the mark has a reputation, as well as
evidence or arguments showing that use without due cause of the contested trade
mark would take unfair advantage of, or be detrimental to, the distinctive character or
the repute of the earlier trade mark.
In the present case, the notice of opposition was not accompanied by any evidence
of the alleged reputation of the earlier trade marks.
On 30/05/2016 the opponent was given two months, commencing after the end of the
cooling-off period, to submit the abovementioned material. After an extension granted
by the Office, this time limit expired on 04/12/2016.
The opponent did not submit any evidence concerning the reputation of the trade
marks on which the opposition is based.
Decision on Opposition No B 2 704 537 page: 18 of 19
Given that one of the necessary requirements of Article 8(5) EUTMR is not met, the
opposition must be rejected as unfounded.
NON-REGISTERED MARK OR ANOTHER SIGN USED IN THE COURSE OF
TRADE — ARTICLE 8(4) EUTMR
According to Article 8(4) EUTMR, upon opposition by the proprietor of a
non-registered trade mark or of another sign used in the course of trade of more than
mere local significance, the trade mark applied for will not be registered where and to
the extent that, pursuant to the Union legislation or the law of the Member State
governing that sign:
(a) rights to that sign were acquired prior to the date of application for registration
of the European Union trade mark, or the date of the priority claimed for the
application for registration of the European Union trade mark;
(b) that sign confers on its proprietor the right to prohibit the use of a subsequent
trade mark.
The condition requiring use in the course of trade is a fundamental requirement,
without which the sign in question cannot enjoy any protection against the
registration of a European Union trade mark, irrespective of the requirements to be
met under national law in order to acquire exclusive rights.
According to Article 95(1) EUTMR, in proceedings before it the Office will examine
the facts of its own motion; however, in proceedings relating to relative grounds for
refusal of registration, the Office will be restricted in this examination to the facts,
evidence and arguments submitted by the parties and the relief sought.
It follows that the Office cannot take into account any alleged rights for which the
opponent does not submit appropriate evidence.
According to Article 7(1) EUTMDR (Rule 19(1) EUTMIR (in the version in force at the
time of commencement of the adversarial part)), the Office will give the opposing
party the opportunity to present the facts, evidence and arguments in support of its
opposition or to complete any facts, evidence or arguments that have already been
submitted together with the notice of opposition, within a time limit specified by the
Office.
According to Article 7(2) EUTMDR (Rule 19(2) EUTMIR (in the version in force at the
time of commencement of the adversarial part)), within the period referred to above,
the opposing party must also file proof of the existence, validity and scope of
protection of its earlier mark or earlier right, as well as evidence proving its
entitlement to file the opposition.
In the present case, the notice of opposition was not accompanied by any evidence
of use of the earlier sign in the course of trade.
On 30/05/2016 the opponent was given two months, commencing after the end of the
cooling-off period, to submit the abovementioned material. After an extension granted
by the Office, this time limit expired on 04/12/2016.
The opponent did not submit any evidence of use in the course of trade of the earlier
sign on which the opposition is based.
Decision on Opposition No B 2 704 537 page: 19 of 19
Given that one of the necessary requirements of Article 8(4) EUTMR is not met, the
opposition must be rejected as unfounded as these grounds are concerned.
COSTS
According to Article 109(1) EUTMR, the losing party in opposition proceedings must
bear the fees and costs incurred by the other party. According to
Article 109(3) 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 for only some of the contested goods and
services, both parties have succeeded on some heads and failed on others.
Consequently, each party has to bear its own costs.
The Opposition Division
Gueorgui IVANOV Patricia LOPEZ
FERNANDEZ DE
CORRES
Frédérique SULPICE
According to Article 67 EUTMR, any party adversely affected by this decision has a
right to appeal against this decision. According to Article 68 EUTMR, notice of appeal
must be filed in writing at the Office within two months of the date of notification of
this decision. It must be filed in the language of the proceedings in which the decision
subject to appeal was taken. Furthermore, a written statement of the grounds for
appeal must be filed within four months of the same date. The notice of appeal will be
deemed to have been filed only when the appeal fee of EUR 720 has been paid.