Decision on Opposition No B 2 825 324 page: 4 of 8
The contested business management consulting services are usually rendered by
companies specialising in this specific field such as business consultants. These
companies gather information and provide tools and expertise to enable their
customers to carry out their business or provide businesses with the necessary
support to acquire, develop and expand market share. The services involve activities
such as business research and appraisals, cost price analysis and organisation
consultancy. These services also include any ‘consultancy’, ‘advisory’ and
‘assistance’ activity that may be useful in the ‘management of a business’, such as
how to allocate financial and human resources efficiently, how to improve
productivity, how to increase market share, how to deal with competitors, how to
develop new products, how to communicate with the public, how to do marketing,
how to research consumer trends, how to launch new products, how to create a
corporate identity, etc.
Given the above, the contested business management consulting includes, as a
broader category, the opponent’s business management assistance. Since the
Opposition Division cannot dissect ex officio the broad category of the contested
services, they are considered identical to the opponent’s services.
Contested services in Class 37
The opponent’s services computer system design in Class 42 are related to
computer hardware. There is thus a link between the opponent’s and the contested
services, which are related to hardware, namely computer installation and repair. As
the services concerned are related to computers, they may have the same nature.
They also target the same end consumers. Moreover, it is common in the field of
information technology for the same or related (authorised) undertakings to provide
scientific, technological or industrial analysis, research, and design and installation
and maintenance services. Therefore, the services under comparison are similar
(see, to that effect, 15/01/2013, T-451/11, Gigabyte, EU:T:2013:13, § 71).
Contested services in Class 38
The contested radio, telephone, telegraph communication services fall under the
broad category of telecommunication services. These services are strongly
interrelated with the creation and maintenance of specific computer programs without
which many telecommunications devices are useless. Given the complementarity
and the fact that they serve the same purpose, there is a close connection between
the contested radio, telephone, telegraph communication services and the
opponent’s computer system design, computer software consultancy, computer
software design, creation and maintenance of websites for others, technical project
studies, engineering, research and development of new products for others in
Class 42. These services are commonly offered by the same undertakings from the
information technology and telecommunications field, and are available through the
same outlets. Therefore, these services are similar.
Contested services in Class 41
The contested tuition is included in the broad category of the opponent’s education.
Therefore, they are identical.
Contested services in Class 42
The contested consultancy in the field of computers includes, as a broader category
the opponent’s computer software consultancy. Since the Opposition Division cannot