OPPOSITION No B 2 475 773

Den Braven Czech and Slovak a.s., Úvalno 353, 793 91 Úvalno, Czech Republic (opponent), represented by Hák, Janeček & švestka, U Průhonu 5, 170 00 Praha 7, Czech Republic (professional representative)

a g a i n s t

Atlas sp.z.o.o., Ul. Sw. Teresy od Dzieciatka Jezus 105, 91-222 Łódź, Poland (applicant), represented by Rumpel Spółka Komandytowa, Częstochowska 1 a, 93-115 Łódź, Poland (professional representative).

On 19/04/2016, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 475 773 is partially upheld, namely for the following contested goods:

Class 1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; foundry sand; china slip; unprocessed plastics; cement preservatives; additives modifying the properties of cement - leak-proofness and frost resistance; agglutinants for concrete; additives modifying the properties of concrete; additives modifying the properties of abrasive materials; fillers; cement putty.

Class 2: Permanent or temporary decorative and protective compositions for surface covering, including mordants, colorants, paints and washes, lacquers and varnishes, colorants, mordants, primers; primers; coatings for use as primers; paints and washes; lacquers and varnishes; lacquers and varnishes; colorants; mordants.

Class 17: Sealing and hydroinsulating compounds; liquid and semi-liquid preparations and preparations in powder form for dilution in liquid, designed for creating sealing and water-insulating coatings for building; insulating paints; rubber; synthetic rubber; liquid rubber; silicone rubber; nitrile rubber; polysulphide rubber; chlorinated rubber; fluoro rubber; chloroprene rubber; isobutylene-isoprene rubber; vulcanised rubber; protective packaging of rubber; stair edgings of rubber; rubber for heat insulation; rubber for electrical insulation; water-tight collars of rubber; washers of rubber; vibration dampers of rubber or gum; sealants of rubber; fillers of rubber; articles made of rubber for sealing; sealing strips made of synthetic rubber; flexible tubes of rubber; mixtures for sealing joints of silicone rubber; sealants of rubber for affixing; gutta-percha; rubber; synthetic rubber; semi-worked rubber; foam rubber; recycled rubber; acrylic rubber; rubber stops; rubber sheets; cords of rubber; rubber packaging; rubber stoppers and valves; rubber pipes; rings of rubber; gaskets made of rubber; corner protectors of rubber; sealing strips of rubber; waterproof membranes of rubber; rubber bars and rods; packing containers of rubber; stuffing of rubber; floor sheets of rubber; general purpose silicone rubber sealant; washers of rubber or vulcanized fiber [fibre]; buffers of rubber for ramps; pipe wrappings of rubber; rubber for thermal insulation; expanded closed cell rubber for sealing joints; gaskets made of rubber; asbestos; asbestos boards; asbestos boards; asbestos paper; asbestos coverings; asbestos fibers [fibres]; asbestos packing; asbestos nets; slate asbestos; asbestos packing; asbestos packing for valves and pistons; mica; mica electrical insulators; plastic film, other than for packaging purposes; fibers (plastic -), not for use in textiles; semi-processed plastics; wires and rods of plastic; insulating fabrics included in this class; dielectrics (insulators); insulators; insulating paints.

Class 19: Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; gravel; sand, except foundry sand, included in this class; clay, including fireclay; building glass, including insulating glass (building); mortar for building; building and semi-fabricated elements containing gypsum; gypsum; gypsum plaster; cement mortars and mortars containing cement; prefabricated building elements containing cement and lime; building materials, not of metal, for insulating systems; lime; ceramic articles for construction purposes; cement.

2. European Union trade mark application No 13 274 915 is rejected for all the above goods. It may proceed for the remaining goods.

3. Each party bears its own costs.

REASONS:

The opponent filed an opposition against all the goods of European Union trade mark application No 13 274 915. The opposition is based on, inter alia, Slovakian trade mark registration No 236 506. 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 Slovakian trade mark registration No 236 506.

1. The goods

The goods on which the opposition is based are the following:

Class 1: Chemicals used in industry and construction; adhesives, binders, sealants and silicones mentioned in this class; sealants and silicones for protection against fire; adhesives used in industry and construction; joint-sealing compounds; chemicals for impregnating facades, masonry preservatives; concrete preservatives; chemical preparations for cleaning swimming pool water; coolants intended for vehicle engine cooling systems; coolants for heating and cooling systems of all kinds, including solar collectors and heat pumps; brake fluids; windscreen cleaning fluids; diluents for varnishes and lacquers; diluents included in class 1; surfactants; anti-freezing and de-icing preparations; chemical preparations for de-icing; de-icing preparations for windows; door lock de-icer.

Class 17: Plastic films other than for wrapping; insulating paints; hydro-insulating paints; insulating plaster; weather proofing materials; insulating materials; asphalt hydro-insulation; polyurethane-based, acrylic-based and silicone-based sealants; polyurethane foam; adhesive tapes and strips, except for medical, stationery or household purposes; glass-fibre reinforced fabrics for building; materials for packing, stopping and/or insulating; sealing tapes; covering films and covers from plastics included in class 17; thermal insulation systems and insulation systems included in class 17; roofing foils and membranes; plastics in extruded form; draught excluder profiles.

Class 19: Geotextiles; render; building materials (non-metallic); additives to building materials and mixes; adhesive and sealing materials of cement for construction; non-metallic materials included in this class for covering roofs; roof coverings, not of metal; cement; flexible profiles of plastic; linings and claddings, not of metal; building profiles of plastic; connector materials, not of metal; other building materials, not of metal; building materials for flooring work, including levelling materials, finishing trims, not of metal.

The contested goods are the following:

Class 1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; foundry sand; china slip; unprocessed plastics; cement preservatives; additives modifying the properties of cement - leak-proofness and frost resistance; agglutinants for concrete; additives modifying the properties of concrete; additives modifying the properties of abrasive materials; fillers; cement putty.

Class 2: Permanent or temporary decorative and protective compositions for surface covering, including mordants, colorants, paints and washes, lacquers and varnishes, colorants, mordants, primers; primers; coatings for use as primers; preparations for protection against rust and deterioration of wood, masonry and other materials, all in the form of powder, liquid, semi-liquid and spray preparations (including in aerosol form) and thinners for the aforesaid compounds and preparations; paints and washes; lacquers and varnishes; lacquers and varnishes; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 17: Sealing and hydroinsulating compounds; liquid and semi-liquid preparations and preparations in powder form for dilution in liquid, designed for creating sealing and water-insulating coatings for building; insulating paints; rubber; synthetic rubber; liquid rubber; silicone rubber; nitrile rubber; polysulphide rubber; chlorinated rubber; fluoro rubber; chloroprene rubber; isobutylene-isoprene rubber; vulcanised rubber; protective packaging of rubber; stair edgings of rubber; rubber for heat insulation; rubber for electrical insulation; water-tight collars of rubber; washers of rubber; vibration dampers of rubber or gum; sealants of rubber; fillers of rubber; articles made of rubber for sealing; sealing strips made of synthetic rubber; flexible tubes of rubber; mixtures for sealing joints of silicone rubber; sealants of rubber for affixing; moulds of rubber for the manufacture of building materials; gutta-percha; rubber; synthetic rubber; semi-worked rubber; foam rubber; recycled rubber; acrylic rubber; rubber stops; rubber sheets; cords of rubber; rubber packaging; rubber stoppers and valves; rubber pipes; rings of rubber; gaskets made of rubber; corner protectors of rubber; sealing strips of rubber; waterproof membranes of rubber; rubber bars and rods; packing containers of rubber; stuffing of rubber; floor sheets of rubber; general purpose silicone rubber sealant; washers of rubber or vulcanized fiber [fibre]; buffers of rubber for ramps; granules of rubber mixed with polyurethane binder; latex rubber for use in manufacture; pipe wrappings of rubber; non-metallic flexible hoses made of rubber; rubber for thermal insulation; expanded closed cell rubber for sealing joints; gaskets made of rubber; asbestos; asbestos boards; asbestos boards; asbestos fabrics; asbestos fabrics; asbestos paper; asbestos coverings; asbestos fibers [fibres]; asbestos packing; asbestos nets; asbestos safety curtains; slate asbestos; asbestos packing; asbestos packing for valves and pistons; mica; mica electrical insulators; ornamental articles of mica; plastic film, other than for packaging purposes; fibers (plastic -), not for use in textiles; semi-processed plastics; wires and rods of plastic; insulating fabrics included in this class; dielectrics (insulators); insulators; insulating paints.

Class 19: Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal; gravel; sand, except foundry sand, included in this class; clay, including fireclay; building glass, including insulating glass (building); mortar for building; building and semi-fabricated elements containing gypsum; gypsum; gypsum plaster; cement mortars and mortars containing cement; prefabricated building elements containing cement and lime; building materials, not of metal, for insulating systems; lime; ceramic articles for construction purposes; cement.

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

The term ‘including’, used in the applicant’s and in the opponent’s lists of goods, indicates that the specific goods 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 (see the judgment of 09/04/2003, T‑224/01, Nu‑Tride, EU:T:2003:107).

As a preliminary remark, it is to be noted that according to Article 28(7) EUTMR, goods or services shall not be regarded as being similar or dissimilar to 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 1

Chemicals used in industry; adhesives used in industry are identically contained in both lists of goods (including synonyms).

The contested unprocessed artificial resins, unprocessed plastics [listed twice]; tempering and soldering preparations; chemical substances for preserving foodstuffs; foundry sand; china slip; cement preservatives; additives modifying the properties of cement - leak-proofness and frost resistance; agglutinants for concrete; additives modifying the properties of concrete; additives modifying the properties of abrasive materials; fillers; cement putty are included in the broad category of the opponent’s chemicals used in industry and construction. Therefore, they are identical.

The contested fire extinguishing compositions include, as a broader category, the opponent’s sealants and silicones for protection against fire. Since the Opposition Division cannot dissect ex officio the broad category of the contested goods, they are considered identical to the opponent’s goods.

The contested tanning substances are substances used in the treatment of leather and textiles and therefore are included in the broad category of the opponent’s chemicals used in industry. Therefore, they are identical.

Chemicals used in science and photography, as well as in agriculture, horticulture and forestry; manures are similar to the opponent’s chemicals used in industry, since they have the same nature and producers.

Contested goods in Class 2

The contested permanent or temporary decorative and protective compositions for surface covering, including mordants, colorants, paints and washes, lacquers and varnishes, colorants, mordants, primers; primers; coatings for use as primers; paints and washes; lacquers and varnishes [listed twice]; colorants; mordants; metals in foil and powder form for painters, decorators, printers and artists are similar to the opponent’s linings and claddings, not of metal in Class 19, since they can all be used for covering walls or floors in construction processes; therefore, they coincide in purpose, end users and distribution channels.

The contested preparations for protection against rust and deterioration of wood, masonry and other materials, all in the form of powder, liquid, semi-liquid and spray preparations (including in aerosol form) and thinners for the aforesaid compounds and preparations; preservatives against rust and against deterioration of wood; raw natural resins are dissimilar to the opponent’s goods in Classes 1, 17 and 19, since they do not have the same nature or purpose. They do not usually coincide in distribution channels, except for department stores, where they would be located in different sections, and they are not complementary or in competition.

Contested goods in Class 17

Sealing and hydroinsulating compounds; liquid and semi-liquid preparations and preparations in powder form for dilution in liquid, designed for creating sealing and water-insulating coatings for building; insulating paints [listed twice]; rubber [listed twice]; synthetic rubber [listed twice]; liquid rubber; silicone rubber; nitrile rubber; polysulphide rubber; chlorinated rubber; fluoro rubber; chloroprene rubber; isobutylene-isoprene rubber; vulcanised rubber; protective packaging of rubber; rubber for heat insulation; rubber for electrical insulation; sealants of rubber; fillers of rubber; articles made of rubber for sealing; sealing strips made of synthetic rubber; mixtures for sealing joints of silicone rubber; sealants of rubber for affixing; gutta-percha; semi-worked rubber; foam rubber; recycled rubber; acrylic rubber; rubber stops; rubber sheets; cords of rubber; rubber packaging; sealing strips of rubber; waterproof membranes of rubber; packing containers of rubber; stuffing of rubber; floor sheets of rubber; general purpose silicone rubber sealant; pipe wrappings of rubber; rubber for thermal insulation; expanded closed cell rubber for sealing joints; gaskets made of rubber; asbestos fabrics [listed twice]; asbestos; asbestos paper; asbestos coverings; asbestos fibers [fibres]; asbestos packing [listed twice]; asbestos nets; asbestos packing for valves and pistons; mica; mica electrical insulators; fibers (plastic -), not for use in textiles; semi-processed plastics; insulating fabrics included in this class; dielectrics (insulators); insulators are included in the broad category of, or overlap with, the opponent’s materials for packing, stopping and/or insulating. Therefore, they are identical.

The contested plastic film, other than for packaging purposes overlaps with the opponent’s covering films and covers from plastics included in Class 17, since they coincide in those films that are made of plastic and designed for covering things. Therefore, they are identical.

The contested stair edgings of rubber; water-tight collars of rubber; washers of rubber; vibration dampers of rubber or gum; flexible tubes of rubber; rubber stoppers and valves; rubber pipes; rings of rubber; gaskets made of rubber; corner protectors of rubber; rubber bars and rods; washers of rubber or vulcanized fiber [fibre]; buffers of rubber for ramps; asbestos boards [listed twice]; slate asbestos; wires and rods of plastic are similar to the opponent’s building materials (non-metallic) in Class 19, as they have the same nature, purposes, end users and distribution channels.

The contested moulds of rubber for the manufacture of building materials; granules of rubber mixed with polyurethane binder; latex rubber for use in manufacture; non-metallic flexible hoses made of rubber; asbestos safety curtains; ornamental articles of mica are dissimilar to the opponent’s goods in Classes 1, 17 and 19, since they do not have the same nature or purpose. They do not usually coincide in distribution channels, except for department stores, where they would be located in different sections, and they are not complementary or in competition.

Contested goods in Class 19

Building materials (non-metallic); cement are identically contained in both lists of goods (including synonyms).

The contested non-metallic rigid pipes for building; asphalt, pitch and bitumen; gravel; sand, except foundry sand, included in this class; clay, including fireclay; building glass, including insulating glass (building); mortar for building; building and semi-fabricated elements containing gypsum; gypsum; gypsum plaster; cement mortars and mortars containing cement; prefabricated building elements containing cement and lime; building materials, not of metal, for insulating systems; lime; ceramic articles for construction purposes are included in the broad category of the opponent’s other building materials, not of metal. Therefore, they are identical.

The contested non-metallic transportable buildings; monuments, not of metal are dissimilar to the opponent’s goods in Classes 1, 17 and 19, since these contested goods are finished products, whereas the opponent’s goods are industrial or building materials. The mere fact that those materials are used for the manufacture of non-metallic transportable buildings or monuments is not sufficient in itself to conclude that the goods are similar, as their nature, purpose and relevant public are quite distinct.

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 goods found to be identical or similar are directed at the public at large and at business customers with specific professional knowledge or expertise. The degree of attention will vary from average to above average, depending on the nature and price of the goods.

3. The signs

Green Line
Earlier trade mark	Contested sign

The relevant territory is Slovakia.

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).

The earlier mark is a word mark. The contested sign is a figurative mark consisting in a green tree preceded and followed by a straight green line. Above the line to the right of the tree are the words ‘green line’ in a simple green italic typeface.

The terms ‘Green’ and ‘Line’ are terms that do not exist in Slovak. Although they are basic English terms, they already benefit from a certain degree of distinctive character by virtue of their status as foreign terms. However, the degree of distinctive character of the terms may vary depending on the level of knowledge the relevant public has of that language (this will therefore not be low for the part of the relevant public that has only a basic understanding of the language, and will even be high for those who know no English whatsoever and who perceive them as fanciful terms) or on the customary use made of the terms in the sector in question (27/06/2013, R 2305/2012-2, GREEN LINE (FIGURATIVE MARK) / GREEN LINE (FIGURATIVE MARK)). Although the applicant claimed that these words are non-distinctive, it submitted no evidence or conclusive argument for the lack of distinctive character of these words in the sectors in question in Slovakia.

For the part of the public with a basic understanding of English, the word ‘green’ in association with ‘line’ (which in this context may be understood as ‘a range of commercial goods’, information extracted from Oxford Dictionaries on 04/04/2016 at http://www.oxforddictionaries.com/definition/english/line) will be perceived as ‘(of a product or service) not harmful to the environment’ (information extracted from Oxford Dictionaries on 04/04/2016 at http://www.oxforddictionaries.com/definition/english/green).

The elements ‘Green Line’ of the signs will be associated by said part of the public with a line of goods not harmful to the environment. Bearing in mind that the relevant goods are building or decorating materials, these elements are weak for these goods.

For the part of the public with little understanding of English or that knows no English whatsoever, these words are fanciful elements and, therefore, the marks have no element that is clearly more distinctive than the others.

The contested sign is composed of distinctive verbal elements, at least for a part of the public, a distinctive figurative element (a tree) and a less distinctive figurative element (the straight green line) of a purely decorative nature.

The earlier mark has no element that could be considered more dominant (visually eye-catching) than other elements. However, the figurative element of a tree in the contested sign is the dominant element as it is the most eye-catching.

Visually, the signs coincide in the elements ‘Green Line’, which are distinctive at least for a part of the public. However, they differ in the figurative elements of the contested sign, the straight green line being a purely decorative element.

Although the figurative element of a tree is the dominant element in the contested sign, 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. This is because the public does not tend to analyse signs and will more easily refer to the signs in question by their verbal element than by describing their figurative elements (14/07/2005, T‑312/03, Selenium-Ace, EU:T:2005:289, § 37; decisions of 19/12/2011, R 233/2011‑4 Best Tone (fig.) / BETSTONE (fig.), § 24; 13/12/2011, R 53/2011‑5, Jumbo(fig.) / DEVICE OF AN ELEPHANT (fig.), § 59).

Therefore, the signs are visually similar to an average degree.

Aurally, the pronunciation of the signs coincides in the sound of the letters ‛GREEN LINE’, present identically in both signs. Since there are no further word elements, the signs are aurally identical.

Conceptually, for the part of the public with little understanding of English or that knows no English whatsoever, the word elements ‘GREEN LINE’ in both signs are fanciful elements. The figurative element of a tree in the contested sign will be perceived as such. For this part of the public, the signs are not conceptually similar.

For the part of the public with at least a basic understanding of English, the coinciding elements will be understood as a line of goods not harmful to the environment. For this part of the public, which will also perceive the concept of the figurative element of a tree in the contested sign, 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.

4. 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 did not explicitly claim that its mark is particularly distinctive by virtue of intensive use or reputation.

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 in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal for the part of the public with little understanding of English or that knows no English whatsoever and weak for the part with at least a basic understanding of English.

5. 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).

Likelihood of confusion covers situations where the consumer directly confuses the trade marks themselves, or where the consumer makes a connection between the conflicting signs and assumes that the goods/services covered are from the same or economically linked undertakings.

In this regard, the goods are partly identical, partly similar and partly dissimilar. The earlier mark is fully incorporated in the contested sign and plays an independent and distinctive role.

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).

Furthermore, although the contested sign also includes a dominant figurative element, as mentioned in section c) of this decision, the verbal component of the sign usually has a stronger impact on the consumer than the figurative component. This is because the public will more easily refer to the signs in question by their verbal element than by describing their figurative elements.

In its observations, the applicant argues that the earlier trade mark has a low distinctive character given that there are many trade marks that include ‘GREEN LINE’. In support of its argument, the applicant refers to the existence of 40 trade mark registrations in the EUIPO.

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. Under these circumstances, the applicant’s claims must be set aside.

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the public and therefore the opposition is partly well-founded on the basis of the opponent’s Slovakian trade mark registration.

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

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.

The opponent has also based its opposition on the following earlier trade mark:

• Czech trade mark application No 495 585 for the word mark ‘Green Line’.

Since this mark is identical to the one which has been compared and covers the same or a narrower scope of goods, the outcome cannot be different with respect to goods for which the opposition has already been rejected. Therefore, no likelihood of confusion exists with respect to those goods.

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 shall decide a different apportionment of costs.

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

The Opposition Division

Beatrix STELTER

Karin KUHL

Karin Klüpfel

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 shall be filed in writing at the Office within two months of the date of notification of this decision. It shall 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 shall 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.