OPPOSITION No B 2 518 622

Association Française de Normalisation (AFNOR), 11 rue Francis de Pressensé, 93210 La Plaine Saint-Denis, France (opponent), represented by Ernest Gutmann – Yves Plasseraud S.A.S., 3, rue Auber, 75009 Paris, France (professional representative)

a g a i n s t

Hella KGaA Hueck & Co., Rixbecker Str. 75, 59552 Lippstadt, Germany (applicant).

On 28/09/2016, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 518 622 is upheld for all the contested goods and services.

2. European Union trade mark application No 13 669 403 is rejected in its entirety.

3. The applicant bears the costs, fixed at EUR 650.

REASONS:

The opponent filed an opposition against all the goods and services of European Union trade mark application No 13 669 403. The opponent initially based its opposition on European Union trade mark registrations No 10 420 693 and No 10 420 669, French trade mark registration No 334 102 for the figurative mark and the well-known trade mark claimed to be reputed in the territory of France. However, on 01/10/2015, the opponent modified the basis of its opposition, withdrawing the last two earlier rights. Both parties have been accordingly informed about this withdrawal. Therefore, the opposition will proceed on the basis of European Union trade mark registrations No 10 420 693 and No 10 420 669 (collective marks). The opponent invoked Article 8(1)(b) EUTMR in relation to them.

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 European Union trade mark registration No 10 420 693.

1. The goods and services

The goods and services on which the opposition is based are, inter alia, the following:

Class 7: Machines and machine tools; Motors and engines (except for land vehicles); Couplings and belts or transmission components (except for land vehicles); Agricultural implements other than hand-operated; Incubators for eggs, Motor compressors, milk coolers, Dry-cleaning machines; Lifts for people; Chimney cowls; Mechanical composters (for the production of compost).

Class 9: Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; Apparatus for recording, transmission or reproduction of sound or images; Magnetic, optical and digital data carriers, recording discs; Automatic vending machines and mechanisms for coin-operated apparatus; Cash registers, calculating machines, data processing equipment and computers; Fire-extinguishing apparatus; Talking machines, Electric conductors and cables; Ducting and trunking for electric wiring systems; Electronic components; Electric household equipment and similar goods, Namely, Household current adapters, Circuit breakers, Circuits breakers, Conductors (lightning -), Plugs, Remote controls, Fuses, Electric switches, Electrical transformers, Electric night lights, Electric irons; Stand-alone electric security equipment; Fire hose stations and semi-rigid pipes for fire hose stations, Protective helmets, Fire-extinguishing apparatus, Fire-detection equipment; Alarm devices; Testing instruments for milk products, safety systems for LPG tanks, pipes for underground telecommunications lines; Central fire safety systems; Control devices for fire safety systems; Private house distribution terminals for the telecommunications network; Software programs; Smoke detectors; Electronic security equipment (intrusion detection);Non-explosive signalling goods; Fire-fighting equipment, namely fire hoses, rescue ladders; Air measurement devices; Stand-alone CO2 detectors; Safety signs; Personal weighing scales; Communications apparatus and instruments, In particular telephones, Intercoms, Touchscreen tablet devices (computers).

Class 11: Apparatus and installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, gas-powered apparatus; Cooking apparatus, electric household apparatus and similar goods, namely lamps, night lights, sockets for electric lights, toasters, household apparatus powered by liquid or solid fuels, namely barbecues, fireplaces and fireplace inserts, wood- and coal-powered cookers, oil-fired stoves, coal-fired stoves, sanitary apparatus, anti-pollution apparatus for water installations, radiators, convector heaters and radiant ceiling panels, taps, taps for sanitary apparatus, gas installations, heating installations, sterilising equipment, namely feeding bottle sterilisers, sterilisers for surgical instruments, lamps, mobile heating apparatus, gas, water pipes and pipelines, smoke ducts; Self-managing air inlets, Water softening units, Exhaust vents, smoke vents; Shower partitions; Toilet lids; Fire dampers, smoke shutters, relay boxes for smoke extraction fans, smoke vents; Electric coffee machines; Emergency lighting equipment.

Class 12: Vehicles; Apparatus for locomotion by land, air or water, safety systems for LPG tanks, carts, shopping trolleys; Mechanical anti-theft devices for vehicles.

Class 35: Advertising; Business management; Business administration; Office functions; Distribution of leaflets and samples; Rental of advertising material; Assistance to commercial or industrial firms in the conduct of their business; Business consultancy, information or enquiries; Statistical, data processing and stenotyping work; Accounting; Document reproduction; Employment agencies; Rental of typewriters and office equipment, Arranging newspaper subscriptions for others; Computerized file management; Organisation of exhibitions for commercial advertising purposes, Rental of vending machines, Authorised management centres; Market studies, opinion polling; Recruitment consultancy; Reception services, namely customer call centres, hostesses, switchboard operators; Providing facilities for exhibitions; Record management and keeping.

Class 37: Building construction; Repair; Installation, construction and repair of buildings; Installation services, Stove-building, Painting; Plastering, plumbing, roofing; Public works; Rural works; Drilling of wells; Rental of tools and construction equipment, rental of bulldozers and tree uprooting equipment; Maintenance or cleaning of buildings, premises, floors (resurfacing and repointing of façades, disinfecting, rat exterminating); Rental of tools and construction equipment, bulldozers, tree uprooting equipment, cleaning machines, construction site machines, do-it-yourself and gardening equipment; Repairs; Alterations to clothing; Retreading of tyres; Vulcanisation; Shoe repair; Repair of furniture, instruments, tools, roads, installation and maintenance of mobile fire-extinguishing apparatus, construction of individual houses; Building and refurbishment of accommodation, buildings, offices; Repair, reconditioning of automobile parts; Maintenance of taps; Repair and maintenance of boats; Sanitation services, cleaning; Refurbishment of CO2 fire-extinguishing apparatus (maintenance); Drilling.

The contested goods and services are the following:

Class 7: Motor control apparatus; Engine regulating apparatus; Bodywork control apparatus; Bodywork regulating apparatus; Transmission control apparatus; Transmission regulating apparatus for vehicles; Starters for combustion engines; Light engines; Generator regulators; Sparking-plugs; Radiators for land vehicles; Radiators (cooling) for air vehicles; Radiators (cooling) for water vehicles; Radiator shields for land vehicles; Radiator shields for air vehicles; Radiator shields for water vehicles; Compressors; Compressor parts; Condensers; Tools for use in diagnostics; Tools for leak detection; Tools for filling; Tools for assembly and dismantling; Tools for flushing air conditioning installations; Tools for flushing parts for air conditioning installations; Distributor valves; Spark plug connectors; Pumps for windscreen washing installations; Filters being parts of machines; Devices for the electric switching on of vehicle engines; Devices for the electric activation and deactivation of vehicle motors; Refrigerant condensers; Refrigerant compressors; Pumps; Coolant pumps; Valves [parts of machines]; Pneumatic actuators; Electric actuators; Cooling installations for internal combustion engines; Cooling apparatus for internal combustion engines; Cooling installations for alternative drives; Cooling apparatus for alternative drives; Parts for cooling installations; Parts for cooling apparatus; Components for cooling installations; Components for cooling apparatus; Cooling modules and coolant coolers; Low temperature coolers; Oil coolers; Fuel coolers; Fan drives; Fan couplings; Fan blades; Fan drives; Oil modules; Exhaust gas recirculation modules for motor vehicles; Fluid friction couplings; Exhaust gas heat exchangers; Exhaust gas recirculation valves; Charge coolers; Vacuum cleaners; Assembly tools (other than hand-operated); Hydraulic apparatus for adjusting the luminous range of headlights; Hydraulic apparatus for regulating the luminous range of headlights; Pneumatic apparatus for adjusting the luminous range of headlights; Pneumatic apparatus for regulating the luminous range of headlights.

Class 9: Pressure control apparatus; Speed control apparatus; Sensors for detecting the operating state of motor vehicles, sensors for detecting the surrounding environment of motor vehicles; Sensors for detecting interiors; Sensors for detecting the operating state of drive motors; Sensors for detecting the operating state of chassis; Sensors for detecting the operating state of heating systems; Sensors for detecting the operating state of cooling systems; Filament lamp control apparatus; Engine temperature control apparatus; Engine temperature regulating apparatus; Electric seat adjusting apparatus; Electric steering wheel adjusting apparatus; Electric mirror adjusting apparatus; Level control apparatus; Level regulating apparatus; Voltage converters; Plugs, sockets and other contacts [electric connections]; Plugs; Fuses; Fuse boxes; Cables; Cable connectors; Terminals; alarm installations; Safety devices for vehicle passengers; Checking (supervision) apparatus for safety devices for vehicle passengers; Apparatus for controlling safety devices for vehicle passengers; Apparatus for triggering safety devices for vehicle passengers; Speed regulating apparatus; Speed control apparatus; Distance warning installations; Distance regulating installations; Camera systems for recording the environment; Batteries; On-board computers; Navigation systems; Starter cables for motors; Workshop and installation requisites, namely battery chargers, rectifiers, power supply units, headlight adjustment apparatus, current and voltage meters, apparatus for testing vehicle geometry, engine testing apparatus for testing speed, ignition point, dwell angle and compression, cable connectors, crimp connectors; Battery chargers; Rectifiers; Network equipment; Optical headlamp adjustment apparatus; Current-meters; Voltage measuring apparatus; Apparatus for testing vehicle geometry; Engine testing apparatus for testing speed; Engine testing apparatus for testing the ignition point; Engine testing apparatus for testing the dwell angle; Engine testing apparatus for testing the compression; Crimp connectors; Battery terminals; Combined acoustic and optical signalling devices; Apparatus with electromechanical signal sequence generators; Apparatus with electromagnetic signal sequence generators; Apparatus with electronic signal sequence generators; Electric clock generators; Electronic flashers; Electric indicators; Relays, electric; Switching devices; Switch gears; Electricity switchboxes; Switches, electric; Hydraulic switches; Pressure switches; Sliding-contact switches; Tumbler switches; Push button switches; rotary switches; rocker switches; Touch control switches; Pull switches; Hazard switch; Flasher switches; Light switches; Dimmer switches; Brake light switches; Windscreen wiper switches; Windscreen washer switches; Steering column switches; Door contact switches; Ignition starter switches; Glow plug starter switches; Short-circuiting switches; DC switches; AC switches; Level switches for water and oil; Transmission switches; Electric and electronic automatic switching devices; Electric power supply lines for lights; Power distributors for lights; Devices for measuring the temperature; Devices for regulating the temperature; Devices for measuring the air temperature; Devices for regulating the air temperature; Devices for measuring the coolant temperature; Devices for regulating the coolant temperature; Coolant thermostats; Electrical control apparatus; Electric sensors; Electric wiring harnesses; Electronic coolers; Battery coolers; Instrument panels being modules of cockpits for motor vehicles; Instrument panels being parts of cockpits for motor vehicles; Accumulators; Light-emitting diodes (LEDs), Organic LEDs for interior lights; Organic LEDs for exterior lights; Buzzers, AC buzzers; Control apparatus for heating apparatus; Control apparatus for air conditioning installations; Ballasts for xenon headlights; Ignition apparatus for xenon headlights; Control apparatus for xenon headlights; Regulating apparatus for xenon headlights; Ballasts for LED headlights; Ignition apparatus for LED headlights; Ignition apparatus for LED lights; Control apparatus for LED headlights; Controls for LED lights; Regulating apparatus for LED headlights; Controls for LED lights; Electrically operated apparatus for adjusting the luminous range of headlights; Electrically operated apparatus for regulating the luminous range of headlights; Reflective warning triangles; Control apparatus for windscreen wiper installations; Control apparatus for windscreen washer installations; Electromechanical parts for interior mirrors; Electromechanical parts for exterior mirrors; Electric parts for interior mirrors; Electric parts for exterior mirrors; Electronic regulators for heating installations (included in class 9); Electronic regulators for ventilating installations (included in class 9); Electronic regulators for air conditioning installations (included in class 9).

Class 11: Apparatus for lighting; Electric lamps; Electric light sources; Light bulbs; Incandescent lamp holders; Interior lights; Exterior lights; Flood-lighting lamps; Surface-mounted lights for buildings; Surface-mounted lights for furniture; Surface-mounted lights for kitchen appliances; Recessed lights for buildings; Fitted lights for furniture; Recessed lights for kitchen appliances; Street lights; Airport lighting; Runway lighting; Pocket torches, electric; Equipment for land vehicles, equipment for water vehicles, solder devices for aircrafts, Fittings for land vehicles, fittings for water vehicles, fittings for air vehicles, namely ventilation fans and Ventilators, Unit heaters, Air conditioning fans, Control apparatus for heating apparatus, control apparatus for air conditioning apparatus, regulating apparatus for heating apparatus, regulating apparatus for air conditioning apparatus; Headlights for automobiles; Attached headlights; Fitted headlights; High beam lights; Low beam lights; Auxiliary headlights; Spot lamps; Broad-beam headlights; Search lights; Fog lights; backup lights; Position lights; Floodlights for work; Special-purpose lights; Individual parts for lights; Apparatus for lighting; Recessed lights; Mounted lights; Ceiling lights; Wall lights; Reading lights; Ashtray lights; Boot lights; Engine compartment lights; Glove box lights; Indicator lamps; Warning lights; Entry lights; position lamps; Marking lights; Outline marker lights; parking lights; Tail lights; Brake lamps; Indicator lights; Number plate lights; Rear fog lamps; Special-purpose lights; Warning strobe lights; Warning lights (flashing); Assembly lights; Hand-held workshop lights; camping lanterns; Multi-purpose lights; Heating installations for preventing the icing of vehicle parts; Heating installations for preventing the icing of nozzles; Heating installations for preventing the icing of windscreen washer containers; Heating installations for preventing the icing of windows; Heating installations for preventing the icing of door locks; Heating installations for preventing the icing of exterior rear view mirrors; Electric discharge lamps; Xenon headlights; LED spot light; LED luminaires; Ballasts for LED lights; Daylight driving lights; Cornering lights; Headlights with variable light diffusion; Lights with variable light diffusion; IR spotlights; Cool boxes, cooling installations, included in class 11; Cooling apparatus, included in class 11; Cooling modules, included in class 11; Low temperature coolers, included in class 11; Coolant coolers, included in class 11; Blowers; Fan cowls; Auxiliary heating apparatus; Heating installations; Installations for airing; Air conditioning installations; Parts for heating installations; Components for heating installations; Parts for ventilating installations; Components for ventilating installations; Parts for air conditioning installations; Components for air conditioning installations; Parts for air conditioning apparatus; Components for air conditioning apparatus; Impellers, included in class 11; Fan drives, included in class 11; Apparatus for climate control; Air filters; Filters for interior spaces; Heat exchangers, not parts of machines; Heating installations; Refrigerant evaporators, included in class 11; Refrigerant condensers, included in class 11; Positive temperature coefficient (PTC) auxiliary heating apparatus; Positive temperature coefficient (PTC) regulating apparatus; Coolant expansion members, included in class 11; Collectors for coolant being parts for air conditioning installations; Dryers for coolants being parts for air conditioning installations; Mechanical adjusters for heating installations, included in class 11; Mechanical adjusters for ventilating installations, included in class 11; Mechanical adjusters for air conditioning installations, included in class 11; Filter driers; Evaporators; Evaporator units; Ventilation nozzles; Mechanical apparatus for adjusting the luminous range of headlights; Evaporators and evaporator units.

Class 12: Acoustic signalling devices for vehicles; Electric fanfare horns; Horns; Supertone horns; Dual-tone horns; Pneumatic horns; Brakes for land vehicles; Brake parts for land vehicles; Brake facings; Brake shoes; Brake disks; Brake drums; Main brake cylinders; Wheel cylinders; Brake calipers; Brake hoses; Brake boosters; Windscreen washers; Parts for windscreen washer installations; windscreen washer jets; Nozzle holders for windscreen washer installations; Water storage tanks for windscreen washer installations; Hose pipes for windscreen washer installations; Windscreen wiper installations; Windscreen wiper blades; Transmission rods; Windscreen wiper motors; Switches for windscreen wiper installations; Sensors for windscreen wiper installations; Combined windscreen wiper installations and windscreen washer devices; Headlight lens washer installations; Headlight washer installations; Mechanical interior mirrors; Mechanical exterior mirrors; Electric window lifts; Petrol caps; Valves; Steering wheels; Body parts; Radiator grills; Front spoilers; Rear spoilers; Rooftop spoilers; Front bumper skirts; Skirts, Front panels; Tailgate panels, mudguards; Door sills; Hub caps; Mudguards; Shades and blinds adapted for vehicles; Children’s seats for use in vehicles; Luggage carriers; Bicycle carriers; Trailers; Parts for trailers; Brake control apparatus for vehicles; brake control apparatus for an automobile; Traction control apparatus for vehicles; Drive train control apparatus for land vehicles; Drive train control apparatus for vehicles; Drive train regulating apparatus for vehicles; Steering mechanisms for cars; Steering mechanisms for parts for cars; Warning apparatus again thefts; Safety installations for vehicles; Central locking systems for vehicles; Vehicle immobilisers; Compression-moulded plastic parts being parts for land vehicles; Injection-moulded plastic parts being parts for land vehicles; Blow-moulded plastic parts being parts for land vehicles; Compression-moulded plastic parts being parts for air vehicles; Injection-moulded plastic parts being parts for air vehicles; Blow-moulded plastic parts being parts for air vehicles; Compression-moulded plastic parts being parts for water vehicles; Injection-moulded plastic parts being parts for water vehicles; Blow-moulded plastic parts being parts for water vehicles.

Class 35: Promotion of automotive parts, Advertising for motor vehicle repairs; Business management; Business administration; Office functions.

Class 37: Vehicle maintenance and repair.

The earlier European Union trade mark is registered for the entire class headings of the classes listed above, namely Classes 7, 9, 11, 12, 35 and 37 of the Nice Classification. It was filed on 03/11/2011. According to Communication No 2/12 of the President of the Office of 20/06/2012, as regards European Union trade marks filed before 21/06/2012, the Office considers that the intention of the applicant was to cover all the goods or services included in the alphabetical list of the classes concerned in the edition of the Nice Classification in force at the time when the filing was made, in this case the 9th edition.

Therefore, the opponent’s earlier mark also includes in its scope of protection the following goods, inter alia:

Class 7: Blade holders [parts of machines]; boiler scale collectors (Machine -); boiler tubes [parts of machines]; boxes for matrices [printing]; brushes [parts of machines]; carburettor feeders; card clothing [parts of carding machines]; cartridges for filtering machines; catalytic converters; chucks [parts of machines]; clack valves [parts of machines]; condensers [steam] [parts of machines]; control cables for machines, engines or motors; control mechanisms for machines, engines or motors; controls (Hydraulic -) for machines, motors and engines; controls (Pneumatic -) for machines, motors and engines; cylinder heads for engines; cylinders for machines; cylinders for motors and engines; drill chucks [parts of machines]; drilling bits [parts of machines]; drilling heads [parts of machines]; drums [parts of machines]; exhausts for motors and engines; expansion tanks [parts of machines]; fan belts for motors and engines; fans for motors and engines; feeders [parts of machines]; feeding apparatus for engine boilers; filters for cleaning cooling air, for engines; filters [parts of machines or engines]; fittings for engine boilers; flues for engine boilers; fuel conversion apparatus for internal combustion engines; fuel economisers for motors and engines; glaziers’ diamonds [parts of machines]; glow plugs for Diesel engines; grease boxes [parts of machines]; grease rings [parts of machines]; guides for machines; hangers [parts of machines]; heat exchangers [parts of machines]; holding devices for machine tools; hoods [parts of machines]; housings [parts of machines]; hydraulic door openers and closers [parts of machines]; igniting devices for internal combustion engines; igniting magnetos; igniting magnetos for engines; injectors for engines; inking apparatus for printing machines; kick starters for motorcycles; knives for mowing machines; knives [parts of machines]; loom shafts; lubricators [parts of machines]; machine fly-wheels; manifold (Exhaust -) for engines; millstones; molds [parts of machines]; mufflers for motors and engines; piston segments; pistons for cylinders; pistons for engines; pistons [parts of machines or engines]; plunger pistons; pneumatic door openers and closers [parts of machines]; pressure reducers [parts of machines]; pressure regulators [parts of machines]; pressure valves [parts of machines]; printing cylinders; printing plates; pump diaphragms; pumps [parts of machines, engines or motors]; rack and pinion jacks; radiators [cooling] for motors and engines; rakes for raking machines; reels for weaving looms; reels, mechanical, for flexible hoses; reels [parts of machines]; regulators [parts of machines]; saw benches [parts of machines]; saw blades [parts of machines]; shoe lasts [parts of machines]; shuttles [parts of machines]; slide rests [parts of machines]; slides for knitting machines; sparking plugs for internal combustion engines; springs [parts of machines]; stands for machines; starters for motors and engines; stators [parts of machines]; stuffing boxes [parts of machines]; tables for machines; tambours for embroidery machines; taps [parts of machines, engines or motors]; teat cups for milking machines; tympans [parts of printing presses]; vacuum cleaner attachments for disseminating perfumes and disinfectants; vacuum cleaner bags; vacuum cleaner hoses; valves [parts of machines]; water heaters [parts of machines].

Class 9: Animated cartoons; attracting and killing insects (Electric devices for -); cigar lighters for automobiles; cleaning apparatus for phonograph records; containers for contact lenses; door closers, electric; door openers, electric; electric arc cutting apparatus; electric arc welding apparatus; electric welding apparatus; electronic publications, downloadable; electroplating apparatus; eyeglass cases; eyeglass chains; eyeglass cords; eyeglass frames; flat irons, electric; galvanizing apparatus; hair-curlers, electrically heated; lift operating apparatus; magnets; magnets (Decorative -); make-up removing appliances, electric; mouse pads; sealing plastics (Electrical apparatus for -) [packaging]; soldering apparatus, electric; soldering irons, electric; spectacle cases; spectacle frames; wrist rests for use with computers.

Class 11: Acetylene generators; atomic piles; chromatography apparatus for industrial purposes; flare stacks for use in the oil industry; friction lighters for igniting gas; fuel economisers; gas condensers, other than parts of machines; gas generators [installations]; gas lighters; gas scrubbing apparatus; level controlling valves in tanks; lighters; oil-scrubbing apparatus; polymerisation installations; processing installations for fuel and nuclear moderating material; refining towers for distillation; regulating and safety accessories for gas apparatus; regulating and safety accessories for gas pipes; scrubbers [parts of gas installations]; tanning apparatus [sun beds]; ultraviolet ray lamps, not for medical purposes.

Class 12: Air bags [safety devices for automobiles]; air pumps [vehicle accessories]; anti-glare devices for vehicles; anti-skid chains; anti-theft alarms for vehicles; anti-theft devices for vehicles; automobile bodies; automobile chains; automobile chassis; automobile hoods; automobile tires [tyres]; axle journals; axles for vehicles; balance weights for vehicle wheels; bands for wheel hubs; baskets adapted for cycles; bicycle stands; boat hooks; bodies for vehicles; bogies for railway cars; brake linings for vehicles; brake segments for vehicles; brake shoes for vehicles; brakes for vehicles; buffers for railway rolling stock; bumpers for automobiles; caps for vehicle petrol [gas] tanks; casings for pneumatic tires [tyres]; casters for trolleys [vehicles] [carts (Am.)]; cleats [nautical]; clutches for land vehicles; connecting rods for land vehicles, other than parts of motors and engines; couplings for land vehicles; covers for vehicle steering wheels; crankcases for land vehicle components, other than for engines; cranks for cycles; cycle bells; cycle brakes; cycle chains; cycle frames; cycle handle bars; cycle hubs; cycle mudguards; cycle pumps; cycle rims; cycle saddles; cycle spokes; cycle stands; davits for boats; direction indicators for bicycles; disengaging gear for boats; doors for vehicles; dress guards for bicycles, cycles; driving chains for land vehicles; driving motors for land vehicles; ejector seats for aircraft; fenders for ships; freewheels for land vehicles; funnels for locomotives; funnels for ships; gear boxes for land vehicles; gearing for land vehicles; gears for cycles; head-rests for vehicle seats; hoods for vehicle engines; hoods for vehicles; horns for vehicles; hub caps; hubs for vehicle wheels; hydraulic circuits for vehicles; inclined ways for boats; inner tubes (adhesive rubber patches for repairing -); inner tubes for bicycles, cycles; inner tubes for pneumatic tires [tyres]; jet engines for land vehicles; luggage carriers for vehicles; luggage nets for vehicles; masts for boats; mine cart wheels; motors, electric, for land vehicles; motors for cycles; motors for land vehicles; mudguards; oars; paddles for canoes; panniers adapted for cycles; pedals for cycles; portholes; propulsion mechanisms for land vehicles; pushchair covers; pushchair hoods; railway couplings; rearview mirrors; reduction gears for land vehicles; repair outfits for inner tubes; reversing alarms for vehicles; rowlocks; rudders; saddle covers for bicycles or motorcycles; saddles for bicycles, cycles or motorcycles; safety belts for vehicle seats; safety seats for children, for vehicles; screw-propellers; screw-propellers for boats; screws [propellers] for ships; sculls; seat covers for vehicles; security harness for vehicle seats; ships’ hulls; ships’ steering gears; shock absorbers for automobiles; shock absorbing springs for vehicles; ski carriers for cars; sleeping berths for vehicles; spars for ships; spoke clips for wheels; steering wheels for vehicles; studs for tires [tyres]; sun-blinds adapted for automobiles; suspension shock absorbers for vehicles; tailboard lifts [parts of land vehicles]; timbers [frames] for ships; tipping apparatus, parts of trucks and waggons; tipping bodies for lorries [trucks]; tires (flanges of railway wheel -); ties for bicycles, cycles; tires for vehicle wheels; tires (non-skid devices for vehicle -); tires, solid, for vehicle wheels; torque converters for land vehicles; torsion bars for vehicles; traction engines; trailer hitches for vehicles; transmission chains for land vehicles; transmission shafts for land vehicles; transmissions, for land vehicles; treads for retreading tires [tyres]; treads for vehicles [roller belts]; tubeless tires [tyres] for bicycles, cycles; turbines for land vehicles; turn signals for vehicles; undercarriages for vehicles; upholstery for vehicles; valves for vehicle tires [tyres]; vehicle bumpers; vehicle chassis; vehicle covers [shaped]; vehicle running boards; vehicle seats; vehicle suspension springs; vehicle wheel rims; vehicle wheel spokes; vehicle wheel tires [tyres]; vehicle wheels; wheels for bicycles, cycles; windows for vehicles; windscreen wipers; windscreens.

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 ‘in particular’, used in the opponent’s list of goods and services, namely in the list of goods in Class 9, 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).

However, the term ‘namely’, used in the applicant’s list of goods in Classes 9 and 11, and in the opponent’s list of goods and services in Classes 9, 11 and 35, to show the relationship of individual goods and services with a broader category, is exclusive and restricts the scope of protection only to the specifically listed goods and services.

Contested goods in Class 7

Parts of goods (in this class, parts of machines or engines) are not considered to be covered by the general indications, which refer only to the goods in question (i.e. machines, engines) and not to their parts (01/12/2011, R 2312/2010-1, LAMBRETTA, § 36)

The contested light engines are included in the broad category of the opponent’s motors and engines (except for land vehicles). Therefore, they are identical.

The contested transmission control apparatus; transmission regulating apparatus; fan couplings for vehicles; fluid friction couplings are included in the broad category of, or overlap with, the opponent’s couplings and belts or transmission components (except for land vehicles). Therefore, they are identical.

The contested motor control apparatus; engine regulating apparatus; devices for the electric switching on of vehicle engines; devices for the electric activation and deactivation of vehicle motors; electric actuators; bodywork control apparatus; bodywork regulating apparatus; compressors; refrigerant compressors; pumps; tools for use in diagnostics; tools for leak detection; tools for filling; tools for assembly and dismantling; tools for flushing air conditioning installations; tools for flushing parts for air conditioning installations; assembly tools (other than hand-operated); coolant pumps; pumps for windscreen washing installations; vacuum cleaners; cooling installations for internal combustion engines; cooling apparatus for internal combustion engines; cooling installations for alternative drives; cooling apparatus for alternative drives; cooling modules and coolant coolers; low temperature coolers; oil coolers; fuel coolers; charge coolers; oil modules; exhaust gas recirculation modules for motor vehicles are included in the broad category of, or overlap with, the opponent’s machines and machine tools. Therefore, they are identical.

The contested parts for cooling installations; parts for cooling apparatus; compressor parts; components for cooling installations; components for cooling apparatus; valves [parts of machines]; distributor valves; sparking-plugs; spark plug connectors; radiators (cooling) for air vehicles; radiators (cooling) for water vehicles; radiators for land vehicles; radiator shields for land vehicles; radiator shields for air vehicles; radiator shields for water vehicles; condensers; refrigerant condensers fan drives (listed twice); fan blades; hydraulic apparatus for adjusting the luminous range of headlights; hydraulic apparatus for regulating the luminous range of headlights; pneumatic apparatus for adjusting the luminous range of headlights; pneumatic apparatus for regulating the luminous range of headlights; pneumatic actuators; starters for combustion engines; generator regulators; exhaust gas heat exchangers; exhaust gas recirculation valves; filters being parts of machines are included in the alphabetical list of goods in Class 7 of the 9th edition of the Nice Classification protected by the earlier mark. Therefore, they are identical.

Contested goods in Class 9

Plugs (listed twice); cables; fuses are identically contained in both lists of goods and services.

The contested pressure control apparatus; speed control apparatus (listed twice); filament lamp control apparatus; engine temperature control apparatus; control apparatus for heating apparatus; control apparatus for air conditioning installations; engine temperature regulating apparatus; electric seat adjusting apparatus; electric steering wheel adjusting apparatus; electric mirror adjusting apparatus; level control apparatus; level regulating apparatus; speed regulating apparatus; devices for measuring the temperature; devices for regulating the temperature; devices for measuring the air temperature; devices for regulating the air temperature; devices for measuring the coolant temperature; devices for regulating the coolant temperature; electrical control apparatus; safety devices for vehicle passengers; checking (supervision) apparatus for safety devices for vehicle passengers; apparatus for controlling safety devices for vehicle passengers; apparatus for triggering safety devices for vehicle passengers; distance warning installations; distance regulating installations; voltage measuring apparatus; optical headlamp adjustment apparatus; current-meters; apparatus for testing vehicle geometry; engine testing apparatus for testing speed; engine testing apparatus for testing the ignition point; engine testing apparatus for testing the dwell angle; engine testing apparatus for testing the compression; instrument panels being modules of cockpits for motor vehicles; instrument panels being parts of cockpits for motor vehicles; sensors for detecting the operating state of motor vehicles, sensors for detecting the surrounding environment of motor vehicles; sensors for detecting interiors; sensors for detecting the operating state of drive motors; sensors for detecting the operating state of chassis; sensors for detecting the operating state of heating systems; sensors for detecting the operating state of cooling systems; electric sensors are included in the broad category of the opponent’s surveying, measuring, signalling, checking (supervision) and life-saving apparatus and instruments. They are identical.

The contested camera systems for recording the environment are included in the opponent’s apparatus for recording, transmission or reproduction of sound or images. They are identical.

The contested electric power supply lines for lights; power distributors for lights; coolant thermostats; electric wiring harnesses; electronic coolers; battery coolers; accumulators; voltage converters; sockets and other contacts [electric connections]; fuse boxes; cable connectors; terminals; alarm installations; batteries; on-board computers; navigation systems; starter cables for motors; workshop and installation requisites, namely battery chargers, rectifiers, power supply units, headlight adjustment apparatus, current and voltage meters, apparatus for testing vehicle geometry, engine testing apparatus for testing speed, ignition point, dwell angle and compression, cable connectors, crimp connectors; battery chargers; rectifiers; network equipment; crimp connectors; battery terminals; combined acoustic and optical signalling devices; apparatus with electromechanical signal sequence generators; apparatus with electromagnetic signal sequence generators; apparatus with electronic signal sequence generators; electric clock generators; electronic flashers; electric indicators; relays, electric; light-emitting diodes (LEDs), organic LEDs for interior lights; organic LEDs for exterior lights; controls for LED lights (listed twice); ballasts for xenon headlights; ignition apparatus for xenon headlights; control apparatus for xenon headlights; regulating apparatus for xenon headlights; ballasts for LED headlights; ignition apparatus for LED headlights; ignition apparatus for LED lights; control apparatus for LED headlights; regulating apparatus for LED headlights; electrically operated apparatus for adjusting the luminous range of headlights; electrically operated apparatus for regulating the luminous range of headlights; reflective warning triangles; control apparatus for windscreen wiper installations; control apparatus for windscreen washer installations; electromechanical parts for interior mirrors; electromechanical parts for exterior mirrors; electric parts for interior mirrors; electric parts for exterior mirrors; buzzers, ac buzzers are included in the broad category of the opponent’s apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity. They are identical.

The contested switch gears; electricity switchboxes; switching devices; switches, electric; hydraulic switches; pressure switches; sliding-contact switches; tumbler switches; push button switches; rotary switches; rocker switches; touch control switches; pull switches; hazard switch; flasher switches; light switches; dimmer switches; brake light switches; windscreen wiper switches; windscreen washer switches; steering column switches; door contact switches; ignition starter switches; glow plug starter switches; short-circuiting switches; dc switches; ac switches; level switches for water and oil; transmission switches; electric and electronic automatic switching devices are included in or overlap with the opponent’s electric switches. They are identical.

The contested electronic regulators for heating installations (included in class 9); electronic regulators for ventilating installations (included in class 9); electronic regulators for air conditioning installations (included in class 9) are included in the alphabetical list of goods in Class 9 of the 9th edition of the Nice Classification protected by the earlier mark. Therefore, they are identical.

Contested goods in Class 11

Apparatus for lighting is identically contained in both lists of goods and services.

The contested electric lamps; electric light sources; lightbulbs; incandescent lamp holders; interior lights; exterior lights; flood-lighting lamps; surface-mounted lights for buildings; surface-mounted lights for furniture; surface-mounted lights for kitchen appliances; recessed lights for buildings; fitted lights for furniture; recessed lights for kitchen appliances; street lights; airport lighting; runway lighting; pocket torches, electric; headlights for automobiles; attached headlights; fitted headlights; high beam lights; low beam lights; auxiliary headlights; spot lamps; broad-beam headlights; search lights; fog lights; backup lights; position lights; floodlights for work; special-purpose lights; individual parts for lights; apparatus for lighting; recessed lights; mounted lights; ceiling lights; wall lights; reading lights; ashtray lights; boot lights; engine compartment lights; glove box lights; indicator lamps; warning lights; entry lights; position lamps; marking lights; outline marker lights; parking lights; tail lights; brake lamps; indicator lights; number plate lights; rear fog lamps; special-purpose lights; warning strobe lights; warning lights (flashing); assembly lights; hand-held workshop lights; camping lanterns; multi-purpose lights; electric discharge lamps; xenon headlights; LED spot light; LED luminaires; ballasts for LED lights; daylight driving lights; cornering lights; headlights with variable light diffusion; lights with variable light diffusion; IR spotlights; mechanical apparatus for adjusting the luminous range of headlights are included in the broad category of the opponent’s apparatus and installations for lighting. They are identical.

The contested equipment for land vehicles, equipment for water vehicles, devices for aircrafts, fittings for land vehicles, fittings for water vehicles may include, as broader categories, the opponent’s apparatus for lighting, heating and ventilating or may overlap with them; for instance, various lighting or heating fittings and apparatus may be part of the abovementioned equipment. Since the Opposition Division cannot dissect ex officio these broad categories of the contested goods, they are considered identical to the opponent’s goods.

The contested unit heaters; regulating apparatus for heating apparatus, regulating apparatus for air conditioning apparatus; heating installations for preventing the icing of vehicle parts; heating installations for preventing the icing of nozzles; heating installations for preventing the icing of windscreen washer containers; heating installations for preventing the icing of windows; heating installations for preventing the icing of door locks; heating installations for preventing the icing of exterior rear view mirrors; auxiliary heating apparatus; heating installations; heat exchangers, not parts of machines; heating installations; mechanical adjusters for heating installations, included in class 11; control apparatus for heating apparatus; positive temperature coefficient (PTC) auxiliary heating apparatus are included in the broad category of the opponent’s apparatus and installations for heating. They are identical.

The contested blowers; fan cowls; cool boxes, cooling installations, included in class 11; impellers, included in class 11; fan drives, included in class 11; apparatus for climate control; air filters; mechanical adjusters for ventilating installations, included in class 11; filters for interior spaces; mechanical adjusters for air conditioning installations, included in class 11; collectors for coolant being parts for air conditioning installations; air conditioning fans, control apparatus for air conditioning apparatus, installations for airing; air conditioning installations; fittings for air vehicles, namely ventilation fans and ventilators are included in the broad category of the opponent’s apparatus and installations for ventilating. They are identical.

The contested refrigerant evaporators, included in class 11; refrigerant condensers, included in class 11; positive temperature coefficient (PTC) regulating apparatus; coolant expansion members, included in class 11; cooling apparatus, included in class 11; cooling modules, included in class 11; low temperature coolers, included in class 11; coolant coolers, included in class 11 are included in the broad category of the opponent’s apparatus and installations for refrigerating. They are identical.

The contested parts for heating installations; components for heating installations; parts for ventilating installations; components for ventilating installations; parts for air conditioning installations; components for air conditioning installations; parts for air conditioning apparatus; components for air conditioning apparatus; dryers for coolants being parts for air conditioning installations are included in the alphabetical list of goods in Class 11 of the 9th edition of the Nice Classification protected by the earlier mark. Therefore, they are identical.

The contested filter driers; evaporators; evaporator units; ventilation nozzles; evaporators and evaporator units are included in the broad category of the opponent’s apparatus and installations for drying. They are identical.

Contested goods in Class 12

The contested acoustic signalling devices for vehicles; electric fanfare horns; horns; supertone horns; dual-tone horns; pneumatic horns; brakes for land vehicles; brake parts for land vehicles; brake facings; brake shoes; brake disks; brake drums; main brake cylinders; wheel cylinders; brake calipers; brake hoses; brake boosters; windscreen washers; parts for windscreen washer installations; windscreen washer jets; nozzle holders for windscreen washer installations; water storage tanks for windscreen washer installations; hose pipes for windscreen washer installations; windscreen wiper installations; windscreen wiper blades; transmission rods; windscreen wiper motors; switches for windscreen wiper installations; sensors for windscreen wiper installations; combined windscreen wiper installations and windscreen washer devices; headlight lens washer installations; headlight washer installations; mechanical interior mirrors; mechanical exterior mirrors; electric window lifts; petrol caps; valves; steering wheels; body parts; radiator grills; front spoilers; rear spoilers; rooftop spoilers; front bumper skirts; skirts, front panels; tailgate panels, mudguards; door sills; hub caps; mudguards; shades and blinds adapted for vehicles; children’s seats for use in vehicles; luggage carriers; bicycle carriers; trailers; parts for trailers; brake control apparatus for vehicles; brake control apparatus for an automobile; traction control apparatus for vehicles; drive train control apparatus for land vehicles; drive train control apparatus for vehicles; drive train regulating apparatus for vehicles; steering mechanisms for cars; steering mechanisms for parts for cars; warning apparatus again thefts; safety installations for vehicles; central locking systems for vehicles; vehicle immobilisers; compression-moulded plastic parts being parts for land vehicles; injection-moulded plastic parts being parts for land vehicles; blow-moulded plastic parts being parts for land vehicles; compression-moulded plastic parts being parts for air vehicles; injection-moulded plastic parts being parts for air vehicles; blow-moulded plastic parts being parts for air vehicles; compression-moulded plastic parts being parts for water vehicles; injection-moulded plastic parts being parts for water vehicles; blow-moulded plastic parts being parts for water vehicles are all parts and fittings of vehicles included in the general alphabetical list of goods in Class 12 of the 9th edition of the Nice Classification protected by the earlier mark. Either the goods are identically contained in both lists (e.g. horns, hub caps, mudguards, etc.) or they include (e.g. luggage carriers include the opponent’s luggage carriers for vehicles), are included in (e.g. dual-tone horns and fanfare horns are included in the broad category of horns) or overlap with (e.g. safety installations for vehicles overlap with anti-theft devices for vehicles) the opponent’s categories in this class. Therefore, they are considered identical.

Contested services in Class 35

Business management; business administration; office functions are identically contained in both lists of goods and services.

The contested promotion of automotive parts, advertising for motor vehicle repairs are included in the broad category of the opponent’s advertising. They are therefore considered identical.

Contested services in Class 37

The general indication ‘repair’ in the opponent’s list, meaning ‘bringing back in previous state/good condition or working order’, has been interpreted in a very broad sense, and thus includes maintenance services. Therefore, the contested vehicle maintenance and repair are included in the opponent’s broad category repair. They are identical.

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 and services found to be identical are directed at the public at large, as well as at business customers with specific professional knowledge or expertise. The degree of attention will vary between average and above average, since specialised and expensive devices, apparatus and installation may be concerned.

3. The signs

Earlier trade mark	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).

The earlier mark is a figurative mark consisting of a black and grey ellipse containing two verbal components, namely the white upper case letters ‘NF’ and underneath them the word ‘ENVIRONNEMENT’ in smaller white upper case letters.

The contested sign is a figurative mark consisting of the expression ‘Nordic Forum’ written in bold title case letters and underneath it the word ‘DISTRIBUTION’ in upper case letters written below a line.

The word ‘ENVIRONNEMENT’ of the earlier mark will be associated by a part of the public, in particular by French and English speakers (the latter interpreting it as a misspelling of ‘environment’), with, inter alia, ‘external conditions or surroundings, esp. those in which people live or work’ (Collins Online Dictionary). Since for these consumers the word itself may directly indicate the relationship of the relevant goods and services to the environment, it is considered weak for all of them. However, the word is of average distinctiveness for the remaining part of the public, which will not understand it.

Furthermore, as regards the earlier sign, it is composed of a distinctive verbal element and a less distinctive figurative element of a purely decorative nature, namely the stylised ellipse. Therefore, the verbal element is more distinctive than the figurative element.

On the other hand, the English word ‘DISTRIBUTION’ of the contested sign will be associated by a significant part of the public with ‘the process of physically satisfying the demand for goods and services’ (Collins Online Dictionary). This is because the word ‘DISTRIBUTION’ has identical or very similar equivalent words in the other official languages in the relevant territory, in particular the equivalent word is identical in French and Swedish, and is similar in Spanish (distribución), Italian (distribuzione), Slovak (distribúcia), Croatian (distribucija), etc. Bearing in mind that consumers who understand the word will naturally relate it to the distribution of the relevant goods and services, this element is descriptive for these goods and services and the public will pay less attention to it than to the more distinctive verbal element, namely ‘NF’ or ‘Nordic Forum’ as a whole. However, for the rest of the public, which will not grasp the word, it is of average distinctiveness.

The verbal element ‘NF’ of the earlier trade mark is more striking, by virtue of its central position and size, than the other verbal element of the mark. Consequently, this element has a visually stronger impact on the overall perception of the earlier trade mark.

Furthermore, the initial letters ‘NF’ in the contested sign, due to their position and stylisation in bold, are the most eye-catching part of the sign and, consequently, they will be the elements that first attract the consumer’s attention.

Visually, the signs coincide in the letters ‘NF’, considered to be the more distinctive and/or the more eye-catching verbal elements for a significant part of the public. The signs differ in their additional components, such as the additional word ‘ENVIRONNEMENT’ in the earlier mark and the letters and word ‘*ordic *orum DISTRIBUTION’ in the contested sign, as well as in the different stylisation and the additional figurative elements, namely the ellipse and the line. However, as the marks coincide in their first parts, namely the consecutive letters ‘NF’, the signs are considered visually similar to an average degree.

Aurally, irrespective of the different pronunciation rules in different parts of the relevant territory, the pronunciation of the signs coincides in the sound of the letters ‛NF’ to the extent that these letters will be pronounced as an abbreviation, namely as [en-ef]. The pronunciation differs in the sound of the words ‛Nordic Forum’ to the extent that the public will pronounce the entire expression in the contested sign, as well as in the pronunciation of the differing verbal elements ‘ENVIRONNEMENT’ in the earlier mark and ‘DISTRIBUTION’ in the contested sign. Therefore, considering the relevant factors, the signs are aurally similar to an average degree.

Conceptually, the public in the relevant territory will perceive the letters ‘NF’ in the earlier sign as an abbreviation, with no specific concept revealed within the sign, and the conspicuous letters ‘NF’ in the contested mark as the abbreviation of the words ‘NORDIC FORUM’, regardless of whether the public perceives the expression as meaningful or not. For the part of the public that does understand this verbal expression, it will understand the adjective ‘Nordic’ as meaning ‘related to the Scandinavian countries of northern Europe’ and the noun ‘forum’ as meaning ‘a place, situation, or group in which people exchange ideas and discuss issues’ (Collins Online Dictionary). Furthermore, as illustrated above, some parts of the public will understand the additional words ‘ENVIRONNEMENT’ in the earlier mark and ‘DISTRIBUTION’ in the contested sign. Therefore, the signs are conceptually not similar for the parts of the public that perceive the different concepts (or some of them) in the signs.

For the rest of the public, for which neither of the signs has a meaning, a conceptual comparison is not possible and, consequently, the conceptual aspect does not influence the assessment of the similarity of the signs. However, it cannot be excluded that a part of the relevant public that does not understand the remaining verbal elements in the signs will interpret the earlier mark’s element ‘NF’ as the same letter combination present in the contested sign and, consequently, the signs may be also conceptually linked by that part of the public; therefore, they will be conceptually similar to a certain extent.

As the signs have been found similar from a visual, aural and, where applicable, conceptual point of view, 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 claimed that the earlier trade mark enjoys enhanced distinctiveness, especially among the French public, 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 in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal, despite the presence of a weak element in the mark as stated above in section c) of this decision.

5. Global assessment, other arguments and conclusion

The appreciation of likelihood of confusion on the part of the public depends on numerous elements and, in particular, on the recognition of the earlier mark on the market, the association which can be made with the registered mark, and the degree of similarity between the marks and between the goods or services identified (recital 8 of the EUTMR). It must be appreciated globally, taking into account all factors relevant to the circumstances of the case (22/06/1999, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 18; 11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 22).

Such a global assessment of a likelihood of confusion implies some interdependence between the relevant factors and, in particular, similarity between the trade marks and between the goods or services. Accordingly, a greater degree of similarity between the goods may be offset by a lower degree of similarity between the marks, and vice versa (22/06/1999, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 20; 11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 24; 29/09/1998, C‑39/97, Canon, EU:C:1998:442, § 17). 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).

The goods and services are identical and the degree of attention varies between average and above average, since specialised and expensive devices, apparatus and installation may be concerned.

The signs are visually, aurally and, where applicable, conceptually similar to a certain degree to the extent that they have the letters ‘NF’ in common. However, as pointed out in the assessment above, the coinciding letters, being depicted as abbreviations in both signs, are the more distinctive (for part of the public) and the more outstanding verbal elements in the signs. Consequently, bearing in mind that these abbreviations are the most striking parts of the signs, consumers may be expected to focus their attention on them, and some consumers may even make a conceptual link between the abbreviations, namely that they identify the same origin.

Furthermore, 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 undertaking or economically linked undertakings. For instance, in the present case, consumers may perceive the additional components ‘ENVIRONNEMENT’ of the earlier mark and ‘DISTRIBUTION’ of the contested sign as indicating extensions of the brand or a new version of the mark itself. Furthermore, as discussed above, the additional words have a limited degree of distinctiveness for a significant part of the public and less attention will be paid to them than to the more distinctive verbal elements, ‘NF’ in the earlier mark and ‘Nordic Forum’ in the contested sign, in which the conspicuous letters ‘NF’ will first attract consumers’ attention. Therefore, the additional words will not be able to prevent a likelihood of association.

Therefore, the opposition is well founded on the basis of the opponent’s European Union trade mark registration No 10 420 693. It follows that the contested trade mark must be rejected for all the contested goods and services.

As the earlier right examined above leads to the success of the opposition and to the rejection of the contested trade mark for all the goods and services against which the opposition was directed, there is no need to examine the other earlier rights invoked by the opponent (16/09/2004, T‑342/02, Moser Grupo Media, S.L., EU:T:2004:268).

COSTS

According to Article 85(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.

Since the applicant is the losing party, it must bear the opposition fee as well as the costs incurred by the opponent in the course of these proceedings.

According to Rule 94(3) and (6) and Rule 94(7)(d)(i) EUTMIR, the costs to be paid to the opponent are the opposition fee and the costs of representation which are to be fixed on the basis of the maximum rate set therein.

The Opposition Division

Steve HAUSER

Benoit VLEMINCQ

Volker MENSING

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 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 of appeal must 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.

The amount determined in the fixation of the costs may only be reviewed by a decision of the Opposition Division on request. According to Rule 94(4) EUTMIR, such a request must be filed within one month from the date of notification of this fixation of costs and shall be deemed to be filed only when the review fee of EUR 100 (Annex I A(33) EUTMR) has been paid.