Decision on Opposition No B 2 508 847 page: 3 of 8
The contested goods and services are the following:
Class 9: Scientific research and laboratory apparatus, educational apparatus and
simulators; safety, security, protection and signalling devices; diving equipment;
apparatus, instruments and cables for electricity; information technology and
audiovisual equipment; magnets, magnetizers and demagnetizers; measuring,
detecting and monitoring instruments, indicators and controllers; optical devices,
enhancers and correctors; recorded content; navigation, guidance, tracking, targeting
and map making devices; devices for treatment using electricity.
Class 42: IT services; design services; testing, authentication and quality control.
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
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 9
The contested information technology and audiovisual equipment include, as a
broader category, or overlap with, the opponent’s apparatus and instruments for
transmitting and/or receiving and/or recording sound and/or images. Since the
Opposition Division cannot dissect ex officio the broad categories of the contested
goods, they are considered identical to the opponent’s goods.
The contested educational apparatus and simulators overlap with the opponent’s
apparatus and instruments for transmitting and/or recording sound in, for example,
audiovisual educational apparatus and simulators. Therefore, they are identical.
The contested optical devices constitute a broad category that covers goods such as
video cameras. Consequently, these contested goods overlap with the opponent’s
apparatus and instruments for transmitting and/or recording sound. Therefore, they
The contested recorded content includes, as a broader category, or overlaps with,
the opponent’s computer software. Since the Opposition Division cannot dissect ex
officio the broad category of the contested goods, they are considered identical to the
The contested apparatus, instruments and cables for electricity include, for example,
apparatus and instruments for accumulating electricity (e.g. batteries) or for
conducting electricity (e.g. cables). These contested goods are similar to the
opponent’s apparatus and instruments for recording sound and/or images, as
nowadays multimedia electronic devices combine a variety of functionalities, such as
video camera, mobile phone, mobile computing platform, etc. Batteries (i.e.
apparatus and instruments for accumulating electricity) are indispensable for the use
of the opponent’s goods. In addition, in the particular context of visual and sound
reproduction, the quality of cables is one of the parameters that determine the quality
of the recording of sound and/or images. Therefore, the contested apparatus,
instruments and cables for electricity and the opponent’s apparatus, instruments and