Decision on Opposition No B 2 798 000 page: 2 of 8
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 on which the opposition is based are the following:
Class 25: Clothing, in particular lingerie, underwear, shirts, T-shirts, sweatshirts,
blouses, jumpers, trousers, skirts, dresses, Bermuda shorts, shorts,
socks, stockings, tights, belts, neckties, stoles and headscarves, jackets,
coats, anoraks, waterproof coats, parkas; footwear, slippers, boots;
headgear, in particular hats, caps, bonnets and berets.
The contested goods and services are the following:
Class 25: Clothing, including lingerie, swimming costumes, nightwear; suspender
belts; footwear; headgear.
Class 35: Retail services in relation to clothing, including lingerie, swimming
costumes, nightwear, suspender belts, footwear, headgear, including by
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 terms ‘in particular’ in the earlier list of goods and services and ‘including’ in the
contested list of goods and services, indicate 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, these terms introduce a non-exhaustive list of examples
(09/04/2003, T-224/01, Nu-Tride, EU:T:2003:107).
Additionally, 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 25
The contested clothing, including lingerie, swimming costumes, nightwear are
identical to the earlier clothing, in particular lingerie, underwear, shirts, T-shirts,
sweatshirts, blouses, jumpers, trousers, skirts, dresses, Bermuda shorts, shorts,
socks, stockings, tights, belts, neckties, stoles and headscarves, jackets, coats,
anoraks, waterproof coats, parkas. As explained above, the specific goods listed in
each specification after ‘including’ and ‘in particular’ are merely a non-exhaustive list
The contested suspender belts are included in the broad category of the earlier
clothing. These goods are thus identical.