OPPOSITION DIVISION
OPPOSITION Nо B 2 635 657
Naim Audio Limited, Southampton Road, SP1 2LN Salisbury, United Kingdom (opponent), represented by Cabinet Laurent & Charras, Le Contemporain 50, Chemin de la Bruyère, 69574 Dardilly Cedex, France (professional representative)
a g a i n s t
Deeper, Uab, Antakalnio G. 17, 10312 Vilnius, Lithuania (applicant), represented by Vilija Viešūnaitė, Vilniaus Str. 31, 01402 Vilnius, Lithuania (professional representative).
On 11/05/2021, the Opposition Division takes the following
DECISION:
1. |
Opposition No B 2 635 657 is partially upheld, namely for the following contested goods: |
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Class 9: All the contested goods in this class, except devices for treatment using electricity; electrostatic precipitators; ion implanters; ionization apparatus not for the treatment of air or water; ion beam supply apparatus; cathodic anti-corrosion apparatus; cathodic protection apparatus; ozonisers [ozonators]; ozonators [not for medical purposes]; vibration exciters; fluidized bed dryers; instruments for measuring milk quality parameters; oil-water level sensors; carbon dioxide detectors; carbon monoxide detectors; radiation dosemeters; radiation sensing apparatus; automatic indicators of low pressure in tyres; automatic solar tracking sensors; coolant-temperature sensors; apparatus for checking the authenticity of banknotes; bio-sensors; biochip sensors; nuclear detectors for detecting radiation particles; multiaxis directional detectors; detection apparatus; detectors; interfaces for detectors; humidity sensors; gas detecting apparatus; gas sensors; on-off sensors; instruments for detecting traffic; electric sensors; detectors for electric meters; electrochemical gas sensors; electronic sensors; electronic measurement sensors; electronic pressure sensors; electron capture detectors; electro-optical sensors; particle detecting apparatus; particle detectors; photoelectric sensors; photoionic detectors; apparatus to check franking; sound locating instruments; sensors for determining velocity; infrared detection apparatus; infrared sensors; infrared scanners; combustion gas detectors; maritime patrol radar; cable detectors; heat sensors; sensors used in plant control; voltage detectors; cable locators; shipboard radars and components; laser detectors; laser speed detectors; luminescence scanners; level sensors; magnetic detectors; magnetic sensors; magnetic flux sensors; magnetic metal detector monitors; magnetic object detectors; magnetic resistance sensors; mass flow sensors; measuring sensors; metal detectors; metal detectors for industrial or military purposes; sensors used in meteorology; microwave detectors [radar]; microwave sensing apparatus; minesweeping [detecting] apparatus; oxygen sensors, not for medical use; dummy sensors; counterfeit [false] coin detectors; distance sensors; leak detection apparatus; leak detectors; sensors used in oceanography; optical speed sensors; optical sensors; optical fibre sensors; air temperature sensors; egg-candlers; counterfeit money detecting apparatus; immersion probes; passive infrared detectors; pyroelectric infrared sensors; piezoelectric sensors; underwater acoustic detecting apparatus; sensors for determining position; filling level detectors; proximity sensors; radar apparatus; radar receivers with amplifiers; radar detectors; radar receivers; radar systems; radar displays; radon detectors; dewing sensors; electronical sensors for measuring solar radiation; seismic detectors; synchro sensors; scanning probes, other than for medical use; liquid level sensors; pressure transmitters; impact sensors; sonars; pressure sensors; brake pad wear sensors; sensors for use with machine tools; combination carbon monoxide and smoke detectors; oil level sensors; pollutant sensors; automatic indicators of low pressure in vehicle tires [tyres]; ultrasonic flaw detectors; ultrasonic detectors [non-medical]; diagnostic ultrasound apparatus, other than for medical use; ultrasonic sensors; ultrasonic object detectors for use on vehicles; ultrasonic wave type intruder sensors; thermal sensors [thermostats]; heat detecting apparatus; heat detectors; optical fibre temperature probes, other than for medical use; light sensors; stud detectors; vibration sensors for installation in wind mill housings; vibration sensors; vibration detectors; resistance temperature detectors; sensors for use in the control of engines; sensors for engines; rods for water diviners; water level detection apparatus; currency authentication apparatus and equipment; ignition spark detectors; ultraviolet detection apparatus; ultrasonic probes, other than for medical use; distance and dimension measuring instruments; aperture gauges; distance measuring apparatus; distance recording apparatus; altimeters; axle measuring apparatus; echo sounding devices; electrical tape jigs [measuring instruments]; electronic distance meters; electronic marking gauges; electronic sliding callipers; electronic scale rules; rangefinders for golf; sensors for measuring depth; sounding lines; sounding leads; odometers; instruments for measuring length; length measuring gauges; jigs [measuring instruments]; wire diameter measuring devices; lasers for measuring purposes; laser range finders; slide-rules; level gauging poles; measuring cables; measuring rulers; measuring tapes; dial gauge instruments; gauge rods; rulers [measuring instruments]; micrometers; portable gauging tapes; appliances for measuring the thickness of leather; apparatus for measuring the thickness of skins; tire tread depth gauges; steel rules for measuring; radio echo sounders; spherometers; dressmakers' measures; cross beam depth gauges; verniers; spring callipers; carpenters' rules; range finders; transits [for surveying]; precision measuring rules; tripods [for surveying machines]; ultrasonic thickness gauges; jump gauge rods; marking gauges [joinery]; pedometers; ultramicrometers; cyclometers; electricity measuring instruments; ammeters; electric flow meters; electric loss indicators; electric current meters; power meters; galvanometers; conductivity meters; millivolt meters; ohmmeters; oscillographs; wideband phase-angle voltmeters; digital multimeters; digital panel meters; current-meters; folding multimeters; capacitance meters; resistance measuring instruments; wattmeters; voltmeters; speed measuring instruments; accelerometers; bicycle speedometers; apparatus for measuring the speed of golf swing; speed indicators; sensors for measuring speed; speed meters; speed checking apparatus; speed checking apparatus for vehicles; radar guns for sporting events; tachometers; speed measuring apparatus for vehicles; time measuring instruments (not including clocks and watches); countdown timers; parking meters; chronographs [time recording apparatus]; chronographs for use as specialized time recording apparatus; electronic timing apparatus; electronic metronomes; electronic timing control instruments; automatic timers for use with beverage makers; time clocks [time recording devices]; time recording apparatus and instruments; time recording apparatus; mechanical egg timers; digital egg timers; egg timers [sandglasses]; vehicle parking meters; food timers; weighbridges; separation columns for weighing purposes; counter balance weights; scales; balance installations; letter scales for domestic use; electrical weighing apparatus; electrical scales; electronic scales; electronic weighing scales for personal use; electronic weighing scales for kitchen use; talking scales; checkweighers; baby scales; letter scales; letter scales for office use; portable digital electronic scales; postage scales; spring balances; weighing apparatus and instruments for standard unit; weighing scales for medical use; balances [steelyards]; weighing apparatus and instruments; precision balances; kitchen weighing scales; bathroom scales; temperature measuring instruments; temperature measuring apparatus for household use; decorative dials for thermostats; electronic thermometers, other than for medical use; mercury thermometers [other than for medical use]; infrared thermometers; infrared thermometers, not for medical purposes; quartz glass thermometers; laboratory thermometers; temperature measuring apparatus for scientific use; temperature meters for scientific use; meat thermometers; pyrometers; temperature measuring apparatus for industrial use; digital thermometers, other than for medical purposes; technical thermometers; temperature feedback units; temperature indicators; temperature sensors; thermometers; thermometers, not for medical purposes; candy thermometers; thermocouples; thermocouple blocks; thermocouple heads; heating meters; resistance oscillator thermometers; acid hydrometers; acidimeters for batteries; eye refractometers; actinometers; alcoholmeters; oil level indicators; analysis instruments for photogrammetric purposes; anemometers; antenna parameter measuring apparatus; apertometers [optics]; sight glasses [optical]; base plates for surveying purposes; separation columns for measuring purposes; hemline markers; high pressure manometers; autocollimators; timers for automatic apparatus; azimuth instruments; wavemeters; barometers; baroscopes; petrol gauges; bubble levels; cytometers; frequency meters; fuel gauges; fuel consumption measuring apparatus; densitometers; dynamometers; soil moisture meters; gauges for discomfort index; salinometers; gasometers [measuring instruments]; gas pressure indicators; gas flow meters; electromagnetic measuring detectors; electronic dynamometers; electronic photometers; electronic rain gauges; electronic meters; topographic apparatus [electronic]; electronic metering devices for faucets; electronic charts used to identify the hiding-power of paint; electrotechnical vibration meters; ergometers; phase angle meters; instruments for surveying physical data; fluorometers; photometric apparatus [other than for medical use]; photo potentiometers; gauge blocks; gamma counters; sound level meters; acoustic meters; geiger counters; surveying apparatus and instruments; surveying instruments; surveying poles; tripods for surveying apparatus; gyrometers; golf club gauges; goniometers; graduation checkers [calibration checkers]; gravimeters; borehole surveying apparatus; levels [instruments for determining the horizontal]; plumb levels; mercury levels; hygrometers; interferometers; insulation resistance meters; connected bracelets [measuring instruments]; japanese style box-shaped volume measure (masu); marine depth finders; calibrating apparatus; calibrating rings; calorimeters; square rulers for measuring; bevels [measuring apparatus]; instruments for measuring angles; quantity indicators; pocket scales; colorimeters; concentration meters; coordinate measuring instruments; cyrogenic turbine meters; fuel level indicator controls; fuel consumption meters; logs [measuring instruments]; wire gauges; audio timers; tool measuring instruments; stress gauges; timing apparatus; timing dials; lactodensimeters; laser scanning densitometers; laser measuring systems; rain gauges; level indicators; level indicators [spirit levels]; level measuring machines [for surveying]; level meters; magnetic compasses [for surveying]; magnetometers; manometers; manometer lines, other than for medical use; mass spectrometers; mass flow meters; measures; measuring apparatus; measuring apparatus and instruments; measuring glassware; set squares [measuring]; measuring instruments; measuring devices, electric; housings for measuring apparatus; measuring cups; measuring wheels; measuring stands; tonometers for measuring [not for medical purposes]; measuring tubes; measuring spoons; surveying chains; protractors [measuring instruments]; counters; gauges; gauges with digital readout; plane tables [surveying instruments]; metronomes; coin counting or sorting machines; fluid level measuring apparatus for use in motor vehicles; newton dynamometers; levelling rods [for surveying]; levelling staffs [surveying instruments]; surveyors' levels; slope indicators; remote reading fluid level indicators; remote control telemetering apparatus; optical measurement apparatus; optical measuring components; optical profilers; tyre-pressure measurers; pH electrodes; ph meters; acceleration sensors; piezoelectric vibratory gyroscopes; planimeters; panel meters; polarimeters; polyethylene measuring cups; underwater sonar surveying apparatus; timing devices for industrial processing apparatus; radiation-measuring instruments; radioactivity measuring apparatus; radioactivity measuring instruments; wheel balancing apparatus; wheel alignment measuring apparatus; reflectometers; tee squares [measuring]; rheometers; rotary gas meters; acidity meters; saccharometers; tire balancing machines for land vehicles; tire balancing units for land vehicles; seismographic apparatus; thermal energy measuring apparatus; transparency measuring apparatus; digital measuring apparatus; numerical counters; resolution wedges; apparatus for checking flight parameters; liquid dosage devices that measure the amounts to be dispensed; instruments for measuring levels of fluids; liquid level meters; pressure indicators; pressure measuring apparatus; pressure scales; pressure controllers [gauges]; shock calibrators; rate gyros; print counters; spectrophotometer; spectrometers; spectroscopes; spirometers for scientific use; grip size gauges; flowmeters; screw-tapping gauges; screw-thread measuring machines and instruments; threading gauges; stabilizing gyroscopes; glass graduated scales; hollow glass containers for measuring; thickness gauges; positive displacement meters; sulfitometers; plumb bobs; revolution counters; taximeters; feeler gauges; telemetry apparatus; telescopic measures with a digital read out; telescopic rules; theodolites; thermohydrometers; reference gauges; precision measuring apparatus; precision measuring rods; precision theodolites; topographic apparatus [electric]; topographic apparatus [optical]; totalizators [counting apparatus]; vehicle wheel alignment machines; vehicle dipsticks; illuminometers; luminoflux meters; wind measurement apparatus; viscosimeters; vibration gauges; shaft identification gauges; variometers; water meters; water level indicators; vacuum gauges; vacuum measuring instruments; universal timers; ultrasonic fluid measuring apparatus; ultrasonic measuring apparatus; volumetric measuring apparatus; contents gauges; turbine meters; noisemeters; data loggers and recorders; chart recorders; electrical recorders; electronic carbon dioxide recorders [other than for medical purposes]; electronic speed recorders; electronic heart rate recorders [other than for medical use]; electronic temperature recorders, other than for medical use; graphic recorders; kilometer recorders; kilometer recorders for vehicles; time and date stamping machines; time coding apparatus; trip counters; score recorders [electric]; score recorders [electronic]; pressure recorders; shock recorders; tachographs; temperature logging apparatus; instruments for recording heart activity [for scientific purposes]; oil change monitors; safety monitoring apparatus [electric]; temperature monitors for household use; temperature monitors [valves] for central heating radiators; particle emission monitors; particle flow monitors; inking monitors; oxygen monitors, not for medical purposes; gas flow monitors; dust emission monitors; instruments for monitoring traffic; electric motor checking [monitoring or supervision] apparatus; electronic carbon dioxide monitors [other than for medical purposes]; electronic temperature monitors, other than for medical use; voltage monitor modules; vapour monitoring apparatus for the detection of leaks; travel distance monitors; cryomonitors; respiratory monitors [non-medical]; flame monitors; ozone monitors, other than for medical use; tyre monitoring apparatus; temperature monitors for industrial use; monitoring units [electric]; process monitors; event recorders; liquid level monitoring apparatus; monitoring apparatus, electric; monitoring control apparatus [electric]; remote monitoring apparatus; active infra-red sensors; oil-water level sensors; carbon dioxide detectors; carbon monoxide detectors; radiation dosemeters; radiation sensing apparatus; automatic indicators of low pressure in tyres; automatic solar tracking sensors; coolant-temperature sensors; apparatus for checking the authenticity of banknotes; bio-sensors; biochip sensors; nuclear detectors for detecting radiation particles; multiaxis directional detectors; detection apparatus; detectors; interfaces for detectors; humidity sensors; gas detecting apparatus; gas sensors; on-off sensors; instruments for detecting traffic; electric sensors; detectors for electric meters; electrochemical gas sensors; electronic sensors; electronic pressure sensors; motion controllers; motion sensing input devices; electronic motion sensitive switches; electron capture detectors; electro-optical sensors; particle detecting apparatus; particle detectors; photoelectric sensors; photoionic detectors; apparatus to check franking; sound locating instruments; sensors for determining velocity; infrared detection apparatus; infrared sensors; infrared scanners; combustion gas detectors; maritime patrol radar; cable detectors; heat sensors; sensors used in plant control; voltage detectors; cable locators; shipboard radars and components; laser detectors; laser speed detectors; luminescence scanners; level sensors; magnetic detectors; magnetic sensors; magnetic flux sensors; magnetic metal detector monitors; magnetic object detectors; magnetic resistance sensors; mass flow sensors; measuring sensors; metal detectors; metal detectors for industrial or military purposes; sensors used in meteorology; microwave detectors [radar]; microwave sensing apparatus; minesweeping [detecting] apparatus; oxygen sensors, not for medical use; dummy sensors; counterfeit [false] coin detectors; distance sensors; leak detection apparatus; leak detectors; sensors used in oceanography; optical speed sensors; optical sensors; optical fibre sensors; air temperature sensors; egg-candlers; counterfeit money detecting apparatus; immersion probes; passive infrared detectors; pyroelectric infrared sensors; piezoelectric sensors; underwater acoustic detecting apparatus; filling level detectors; proximity sensors; radar apparatus; radar receivers with amplifiers; radar detectors; radar receivers; radar systems; radar displays; radon detectors; dewing sensors; electronical sensors for measuring solar radiation; seismic detectors; synchro sensors; scanning probes, other than for medical use; liquid level sensors; pressure transmitters; impact sensors; sonars; pressure sensors; brake pad wear sensors; sensors for use with machine tools; combination carbon monoxide and smoke detectors; oil level sensors; pollutant sensors; automatic indicators of low pressure in vehicle tires [tyres]; ultrasonic flaw detectors; ultrasonic detectors [non-medical]; diagnostic ultrasound apparatus, other than for medical use; ultrasonic sensors; ultrasonic object detectors for use on vehicles; ultrasonic wave type intruder sensors; thermal sensors [thermostats]; heat detecting apparatus; heat detectors; optical fibre temperature probes, other than for medical use; light sensors; stud detectors; vibration sensors for installation in wind mill housings; vibration sensors; vibration detectors; resistance temperature detectors; sensors for use in the control of engines; sensors for engines; rods for water diviners; water level detection apparatus; currency authentication apparatus and equipment; ignition spark detectors; ultraviolet detection apparatus; ultrasonic probes, other than for medical use; sensors for measuring depth; electric loss indicators; sensors for measuring speed; alcohol testing apparatus; antifreeze testers; resistance testing apparatus; crash test dummies; testers for axle clearance; testing apparatus for testing printed circuit boards; test pins for testing printed circuit boards; test adapters for testing printed circuit boards; testing probes, other than for medical purposes; testing apparatus not for medical purposes; concrete testing machines; cement testing machines; testers for concrete; gas testing instruments; diesel oil emission testers; diesel injector testers; smoke alarm testers; ductility testers; electrical test apparatus; electrical circuit testers; testing devices for electronic parts; electronic apparatus for testing the sterility of pharmaceuticals and injectable solutions; electronic apparatus for testing the sterility of medical equipment; electronic testing apparatus for use in the field of telecommunications; vacuum tube characteristic testers; testing apparatus for checking electronic devices; testing apparatus for electronic equipment; mains testers (Electric -); functional generators; power testers; audio testing apparatus; circuit testing instruments; bore testing instruments; hydraulic system testing units; test probe assemblies for integrated circuits; probes for testing integrated circuits; insulation testers; glow plug testers; computer component testing and calibrating equipment; meter testing apparatus; material testing instruments and machines; material testing apparatus; metal compression testing machines; metal hardness testing machines; instruments for testing metals; microhardness testers; voltage testers; voltage monitoring units; tension testers; earth testers; continuity testers; portable test apparatus; leak testing apparatus; optical disc testers; testing apparatus for checking optical devices; endurance testing machines; lumber testing machines; lumber testers; plastic testing machines; flatness testing apparatus; flatness testers; temperature sensitive testing apparatus for industrial use; semiconductor testing apparatus; generators (signal -); digital functional generators; in-flight testing equipment; test rigs for manometer adjustments; speedometer testers; brake testing apparatus; brake fluid testers; textile testing machines; textile testers; test leads; torsion testers; internal combustion engine testing apparatus; vacuum climatic testing apparatus; test trays; transistor testers; apparatus for testing vehicle transmissions; apparatus for testing vehicle brakes; battery testers; oscilloscopes; testing and quality control devices; monitoring instruments; load indicators; astrometric measuring apparatus and instruments; high frequency transducers; automatic altitude indicators; automatic dosage apparatus; job performance recorders; multichannel analyzers; load cells; dosage dispensers; flue gas analyzers; electrical phonomotors; electronic colour analyzers; electro-optic transducers; electric power analyzers; electricity indicators; phase indicators; fluorescence analyzers; instruments for analysing photographs; indication panels; force transducers; transducers; transducer energisers; computerized vehicle engine analyzers; switchboard indicating lamps; luminescence measuring devices; luminescence analyzers; logic probes; level switches; food analysis apparatus; measuring transducers; tyre matching apparatus; piezoelectrical transducers; rotary encoders; safe load indicating apparatus; sunshine recorders; numerical position indicating apparatus; digital indicators; liquid level switches; pressure transducers; pressure indicator plugs for valves; stroboscopes; torque transducers; heat sensing identification indicators; mechanisms for counter-operated apparatus; luminous indicators; wind socks for indicating wind direction; engine diagnostic apparatus; engine analyzers; currency recognition machines; image analyzers; ultrasonic transducers; photographic surveying instruments; checking (supervision) apparatus and instruments; linear transducers; thermosensitive temperature indicator strips; thermomagnetic cut-out devices; temperature indicator labels, not for medical purposes; measuring, detecting and monitoring instruments, indicators and controllers; sensors and detectors; motion sensor; measuring, counting, alignment and calibrating instruments; magnets, magnetizers and demagnetizers; decorative refrigerator magnets; electromagnets; electromagnetic coils; head demagnetisers; demagnetisers; lifting magnets; magnets; decorative magnets; magnets for industrial purposes; magnetic filters; magnetic wall stud finders; magnetic pens; magnetic badges; magnetic field generators, other than for medical use; magnetic coils; magnetic cores; magnetrons; permanent magnets; starter electromagnets; superconductive magnet apparatus; erasing magnets; fridge magnets. |
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2. European Union trade mark application No 14 569 321 is rejected for all the above goods. It may proceed for the remaining goods. |
3. |
Each party bears its own costs. |
On
29/12/2015, the opponent filed an opposition against part of the
goods of European Union trade mark application No 14 569 321
(figurative mark), namely against all the goods in Class 9. The
opposition is based on EUTM registration No 13 107 561,
‘GO DEEPER’ (word mark). The opponent invoked
Article 8(1)(b) EUTMR.
In accordance with Article 42(2) and (3) EUTMR (in the version in force at the time of filing of the opposition, now Article 47(2) and (3) EUTMR), if the applicant so requests, the opponent must furnish proof that, during the five-year period preceding the date of publication of the contested trade mark, the earlier trade mark has been put to genuine use in the territories in which it is protected in connection with the goods or services for which it is registered and which the opponent cites as justification for its opposition, or that there are proper reasons for non-use. The earlier mark is subject to the use obligation if, at that date, it has been registered for at least five years.
The same provision states that, in the absence of such proof, the opposition will be rejected.
The applicant requested that the opponent submit proof of use of the trade mark on which the opposition is based, namely EUTM registration No 13 107 561.
In the present case, the contested trade mark was published on 29/09/2015.
Earlier trade mark No 13 107 561 was registered on 30/01/2020 and thus after the date of publication of the contested trade mark. Therefore, the request for proof of use is inadmissible.
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 goods on which the opposition is based are the following:
Class 9: Electrical and electronic audio apparatus and instruments for use in the reproduction of sound and/or visual data; sound, video, optical, television, radio and cinematographic apparatus and instruments; apparatus and instruments for use in recording, storing, generating, carrying, transmitting, manipulating, processing and reproducing sounds and images, video cameras, recorders and playback machines; tape recorders and playback machines; optical disc recorders and playback machines; phonographic and record playing machines; digital audio players; record playing turntables, tone arms, cartridges and styli; CDs featuring pre-recorded music and or video; CD players; amplifiers, power amplifiers, pre-amplifiers and loudspeakers; electronic apparatus consisting of a digital audio streamer in combination with a DAB/FM tuner, internet radio, DAC, MP3 player, USB and network-stored audio player, a preamplifier and an amplifier; electrical, electronic and optical components, connectors, interconnects, cables, wires, leads, plugs and sockets; power supplies; remote control apparatus and instruments; televisions; communications apparatus and instruments; teaching and instructional apparatus and instruments; non-printed publications; power cables; audio apparatus and instruments for digital streaming; all-in-one unit, featuring an amp, speakers, Internet radio and Internet streaming; parts and fittings for all the aforesaid goods.
The contested goods are the following:
Class 9: Devices for treatment using electricity; electrostatic precipitators; ion implanters; ionization apparatus not for the treatment of air or water; ion beam supply apparatus; cathodic anti-corrosion apparatus; cathodic protection apparatus; ozonisers [ozonators]; ozonators [not for medical purposes]; vibration exciters; fluidized bed dryers; apparatus, instruments and cables for electricity; electric and electronic components; antennas and aerials as components; antenna boosters; antennas; aerial combiners; aerial converters; aerial sockets; aerial amplifiers; component parts for aerials; car aerials; power strips with movable sockets; receiving antennas for satellite broadcast; radar antennas; radio antennas; radio wave transmitting aerials; radio-frequency antennas; radio-frequency components; electric cables and wires; battery leads; winding wires [electricity]; electrified rails for mounting spot lights; electronic cables; connectors for electronic circuits; electric cables; mineral insulated electric cables; sheaths for electric cables; cable boxes (electric -); cable identification markers for electric cables; electrical power extension cords; connections for electric cables; cable channels (electric -); ducting for electric cables; male connectors for electrical cables; cable splices for electric cables; junction sleeves for electric cables; conduit for electric cables; electric cords; wires (electric -) of metal alloys; rubber covered electrical wires; sheaths for electrical wires; identification sheaths for electric wires; identification threads for electric wires; electrical wiring installations; junction boxes for electric wires; markers for electric wire; materials for electricity mains [wires, cables]; connections for electric lines; mounting cords [electrical]; cables for electrical signal transmission; power line protectors; electricity conduits; electrical resistance wire; enamelled electric wires; guitar cables; insulated electrical cables; insulated cable for electrical installations; electrical cables for use in connections; connecting electrical cables; connection cables; electrical cabling; power cables; cable covers [conduits]; cable connectors; joint boxes for housing cable joints; cable harnesses; heat resistant electric wires; strain relief cable glands; power line conditioners; electric wires; wire connectors [electricity]; fuse wire; magnetic wires; metallic cables [electric]; metallic wires [electric]; threaded cable connectors of metal; bare wires; cables for optical signal transmission; plastic coated wire [electric]; aerial cables for heavy currents; interface cables [electric]; telephone wire connection boxes; thermocouple sheaths; thermocouple cables; thermocouple wires; thermostat wires; ignition cables; jump leads; starter cables for motors; copper wire, insulated; resistance wires; tags for identifying electric cables; tags for identifying electric wires; electrical circuits and circuit boards; analogue circuits; processors [central processing units]; multichannel sound processors; multichip modules; multiprocessor chips; multilayer printed wiring boards; large scale integrated circuits; interface cards for data processing equipment in the form of printed circuits; data processors; electrical control circuits; circuits [electric or electronic]; electrical circuits; electronic chips; electronic circuit cards; electronic circuit boards; electronic memory circuits; electronic memory integrated circuit chips; electronic circuits; electronic logic circuits; electronic word processors; electronic control circuits; electrical circuit boards; neon light indicators for use in electrical circuits; focusing circuits; signal processors for audio speakers; audio circuit boards; sound processors; circuit boards provided with integrated circuits; hybrid circuits; hybrid integrated circuits; integrated electronic circuits; integrated circuits; integrated circuit memory cards for use in playing electronic musical instruments; smart cards; chips [integrated circuits]; integrated circuit modules; film developing apparatus; speech processors; plugboards; pulse code modulating processors; computer memory devices; microprocessor cards; ram [random access memory] card; flexible circuit boards; logic circuits; decision circuits; chipcards; math coprocessor; microchips; microprocessors; microprocessor controls; microprocessor cores; microchip cards; microscope video processors; microcontrollers; add-on circuit boards for connecting computers to networking software; satellite processors; wafers for integrated circuits; software programmable microprocessors; firmware memory devices; programmable logic controllers; programmable logic arrays; semiconductor chips; x-ray film processors, other than for medical use; communications processors; signal processing apparatus; silicon chips; silicon chips [electronic components]; digital sound processors; digital signal processors; printed electronic circuits; printed circuit expansion boards; printed electrical circuits; printed circuits; thermosonic bonding apparatus; printed circuit boards; printed circuit board contact probes; hard disk controllers; circuits for heavy current; thick film hybrid circuits; thick film hybrid integrated circuits; raster image processors; telecommunications circuit board units; blank integrated circuit cards [blank smart cards]; image processors; interface circuits for video cameras; video processors; controller circuit boards; control circuits; copper panels for circuit boards; apparatus and instruments for accumulating and storing electricity; anode batteries; batteries for lighting; car batteries; batteries; electric batteries for vehicles; battery adapters; battery jars; battery boxes; battery packs; battery separators; battery chargers; battery starters; batteries, electric; batteries for electric vehicles; electric batteries for powering electric vehicles; electric fence energisers; electrolysers [electrolytic cells]; electronic cigarette batteries; chargers for electronic cigarettes; grids for batteries; chargers for electric batteries; electricity storage apparatus; apparatus and instruments for accumulating electricity; flyback transformers; rechargeable cells; power banks; ac/dc power supplies; batteries for pocketlamps; batteries for use in hearing aids; fuel cells; fuel cell electrodes; lithium batteries; lithium ion batteries; power packs [batteries]; mains chargers; power units [batteries]; cell phone battery chargers; cell phone battery chargers for use in vehicles; mobile telephone batteries; battery charging devices for motor vehicles; push-on accumulators; nickel-cadmium storage batteries; charging appliances for rechargeable equipment; dc input power supplies; plates for batteries; solar batteries; solar batteries for domestic use; rechargeable batteries; rechargeable electric batteries; alkaline accumulators; solar batteries for industrial use; solar battery chargers; solar cells; dry-cell batteries; battery chargers for use with telephones; batteries for vehicles; apparatus and instruments for controlling electricity; battery booster cables; anti-interference devices [electricity]; voltage surge protectors; branch boxes [electricity]; branch switches; branch terminals; high-frequency switching power supplies; step-up transformers; high frequency switches; high frequency convertors; high-voltage power supplies; high voltage multipliers; high voltage reactors; high voltage transformers; autotransformers; fault voltage breakers; frequency invertors [electronic]; frequency transformers; electrical adapters; electric power controllers; electrical circuit breakers; electric boosters; electric circuit interrupters; electronic load modules; electronic power controllers; electronic frequency converters for high velocity electro motors; electronic power supplies; electronic transformers; electrical frequency converters; electric power distribution machines; electrical power distribution blocks; inverters for power supply; electric power supply units; power adapters; power conditioning apparatus; power conditioners; electrical charge controllers; mains monitoring apparatus (electric -); mains transformers (electric -); apparatus and instruments for regulating electricity; switchgear [electric]; electrical distributors; electric current switches; apparatus and instruments for switching electricity; electric current rectifiers; apparatus and instruments for conducting electricity; electric current transformers; voltage regulators for electric power; electric voltage transformers; voltage stabilizing power supply; electric current control devices; transformers [electricity]; power transformers for amplification; tap changers for electric transformers; apparatus and instruments for transforming electricity; power dividers [electric]; power regulating apparatus; power distributors [electrical]; phase modifiers; power relays; power controllers; fault current breakers; impedance transformers; induction voltage regulators; inverters [electricity]; converters, electric; alternator rectifiers; comparators; voltage converters; voltage-to-current converters; voltage regulators; voltage regulators for vehicles; voltage stabilizers; voltage transformers; earthing apparatus; commutators; switching power supply apparatus; time switches, automatic; lift control panels; current rectifiers; rectifier tubes; rectifier modules; power packs [transformers]; power units [transformers]; miniature circuit breakers; direct current converters; piezoelectric switches; power sources connected to audio apparatus for use in motor vehicles; manual rectifiers; relays, electric; limiters [electricity]; rotary converters; dry-type transformers; stage lighting regulators; distribution transformers; electrical branch boxes; current convertors; current breakers; current transformers; static power convertors; apparatus for controlling static electricity; static voltage regulators; welding transformers; capacitive voltage transformers; shunt reactors; electric toy train transformers; electrical reducing transformers; photovoltaics; photocells for use with security lighting; portable solar panels for generating electricity; photodiodes; photovoltaic apparatus and installations for generating solar electricity; photovoltaic apparatus and installations for generating solar electricity; photovoltaic modules; photovoltaic apparatus for converting solar radiation to electrical energy; photovoltaic inverters; photovoltaic installations for generating electricity [photovoltaic power plants]; photovoltaic cells; calibrated photovoltaic reference cells; solar panels; solar panels for the production of electricity; solar panel arrays; solar cells for electricity generation; solar energy collectors for electricity generation; photovoltaic solar modules; solar modules; electric power units; power-line transmission apparatus; mains power units (electric -); electricity mains apparatus; galena crystal detectors for use in electronics; uninterruptible power supply apparatus [battery]; uninterruptable power supply apparatus; piezoelectric igniters; regulated power supply apparatus; static grounding systems and apparatus; magnets, magnetizers and demagnetizers; decorative refrigerator magnets; electromagnets; electromagnetic coils; head demagnetisers; demagnetisers; lifting magnets; magnets; decorative magnets; magnets for industrial purposes; magnetic filters; magnetic wall stud finders; magnetic pens; magnetic badges; magnetic field generators, other than for medical use; magnetic coils; magnetic cores; magnetrons; permanent magnets; starter electromagnets; superconductive magnet apparatus; erasing magnets; fridge magnets; measuring, detecting and monitoring instruments, indicators and controllers; testing and quality control devices; alcohol testing apparatus; antifreeze testers; resistance testing apparatus; crash test dummies; testers for axle clearance; testing apparatus for testing printed circuit boards; test pins for testing printed circuit boards; test adapters for testing printed circuit boards; testing probes, other than for medical purposes; testing apparatus not for medical purposes; concrete testing machines; cement testing machines; testers for concrete; gas testing instruments; diesel oil emission testers; diesel injector testers; smoke alarm testers; ductility testers; electrical test apparatus; electrical circuit testers; testing devices for electronic parts; electronic apparatus for testing the sterility of pharmaceuticals and injectable solutions; electronic apparatus for testing the sterility of medical equipment; electronic testing apparatus for use in the field of telecommunications; vacuum tube characteristic testers; testing apparatus for checking electronic devices; testing apparatus for electronic equipment; mains testers (electric -); functional generators; power testers; audio testing apparatus; circuit testing instruments; bore testing instruments; hydraulic system testing units; test probe assemblies for integrated circuits; probes for testing integrated circuits; insulation testers; glow plug testers; computer component testing and calibrating equipment; meter testing apparatus; material testing instruments and machines; material testing apparatus; metal compression testing machines; metal hardness testing machines; instruments for testing metals; microhardness testers; voltage testers; voltage monitoring units; tension testers; earth testers; continuity testers; portable test apparatus; leak testing apparatus; optical disc testers; testing apparatus for checking optical devices; endurance testing machines; instruments for measuring milk quality parameters; lumber testing machines; lumber testers; plastic testing machines; flatness testing apparatus; flatness testers; temperature sensitive testing apparatus for industrial use; semiconductor testing apparatus; generators (signal -); digital functional generators; in-flight testing equipment; test rigs for manometer adjustments; speedometer testers; brake testing apparatus; brake fluid testers; textile testing machines; textile testers; test leads; torsion testers; internal combustion engine testing apparatus; vacuum climatic testing apparatus; test trays; transistor testers; apparatus for testing vehicle transmissions; apparatus for testing vehicle brakes; sensors and detectors; active infra-red sensors; oil-water level sensors; carbon dioxide detectors; carbon monoxide detectors; radiation dosemeters; radiation sensing apparatus; automatic indicators of low pressure in tyres; automatic solar tracking sensors; coolant-temperature sensors; apparatus for checking the authenticity of banknotes; bio-sensors; biochip sensors; nuclear detectors for detecting radiation particles; multiaxis directional detectors; detection apparatus; detectors; interfaces for detectors; humidity sensors; gas detecting apparatus; gas sensors; on-off sensors; instruments for detecting traffic; electric sensors; detectors for electric meters; electrochemical gas sensors; electronic sensors; electronic measurement sensors; electronic pressure sensors; electronic motion sensitive switches; electron capture detectors; electro-optical sensors; particle detecting apparatus; particle detectors; photoelectric sensors; photoionic detectors; apparatus to check franking; sound locating instruments; sensors for determining velocity; infrared detection apparatus; infrared sensors; infrared scanners; combustion gas detectors; motion sensor; motion controllers; motion sensing input devices; maritime patrol radar; cable detectors; heat sensors; sensors used in plant control; voltage detectors; cable locators; shipboard radars and components; laser detectors; laser speed detectors; luminescence scanners; level sensors; magnetic detectors; magnetic sensors; magnetic flux sensors; magnetic metal detector monitors; magnetic object detectors; magnetic resistance sensors; mass flow sensors; measuring sensors; metal detectors; metal detectors for industrial or military purposes; sensors used in meteorology; microwave detectors [radar]; microwave sensing apparatus; minesweeping [detecting] apparatus; oxygen sensors, not for medical use; dummy sensors; counterfeit [false] coin detectors; distance sensors; leak detection apparatus; leak detectors; sensors used in oceanography; optical speed sensors; optical sensors; optical fibre sensors; air temperature sensors; egg-candlers; counterfeit money detecting apparatus; immersion probes; passive infrared detectors; pyroelectric infrared sensors; piezoelectric sensors; underwater acoustic detecting apparatus; sensors for determining position; filling level detectors; proximity sensors; radar apparatus; radar receivers with amplifiers; radar detectors; radar receivers; radar systems; radar displays; radon detectors; dewing sensors; electronical sensors for measuring solar radiation; seismic detectors; synchro sensors; scanning probes, other than for medical use; liquid level sensors; pressure transmitters; impact sensors; sonars; pressure sensors; brake pad wear sensors; sensors for use with machine tools; combination carbon monoxide and smoke detectors; oil level sensors; pollutant sensors; automatic indicators of low pressure in vehicle tires [tyres]; ultrasonic flaw detectors; ultrasonic detectors [non-medical]; diagnostic ultrasound apparatus, other than for medical use; ultrasonic sensors; ultrasonic object detectors for use on vehicles; ultrasonic wave type intruder sensors; thermal sensors [thermostats]; heat detecting apparatus; heat detectors; optical fibre temperature probes, other than for medical use; light sensors; stud detectors; vibration sensors for installation in wind mill housings; vibration sensors; vibration detectors; resistance temperature detectors; sensors for use in the control of engines; sensors for engines; rods for water diviners; water level detection apparatus; currency authentication apparatus and equipment; shutter sensors; ignition spark detectors; ultraviolet detection apparatus; ultrasonic probes, other than for medical use; measuring, counting, alignment and calibrating instruments; distance and dimension measuring instruments; aperture gauges; distance measuring apparatus; distance recording apparatus; altimeters; axle measuring apparatus; echo sounding devices; electrical tape jigs [measuring instruments]; electronic distance meters; electronic marking gauges; electronic sliding callipers; electronic scale rules; rangefinders for golf; sensors for measuring depth; sounding lines; sounding leads; heliographic apparatus; odometers; instruments for measuring length; length measuring gauges; jigs [measuring instruments]; wire diameter measuring devices; lasers for measuring purposes; laser range finders; slide-rules; level gauging poles; measuring cables; measuring rulers; measuring tapes; dial gauge instruments; gauge rods; rulers [measuring instruments]; micrometers; portable gauging tapes; appliances for measuring the thickness of leather; apparatus for measuring the thickness of skins; tire tread depth gauges; steel rules for measuring; radio echo sounders; spherometers; dressmakers' measures; cross beam depth gauges; verniers; spring callipers; carpenters' rules; range finders; transits [for surveying]; precision measuring rules; tripods [for surveying machines]; ultrasonic thickness gauges; jump gauge rods; marking gauges [joinery]; pedometers; ultramicrometers; data loggers and recorders; cyclometers; chart recorders; electrical recorders; electronic carbon dioxide recorders [other than for medical purposes]; electronic speed recorders; electronic heart rate recorders [other than for medical use]; electronic temperature recorders, other than for medical use; graphic recorders; kilometre recorders; kilometer recorders for vehicles; time and date stamping machines; time coding apparatus; trip counters; score recorders [electric]; score recorders [electronic]; pressure recorders; shock recorders; tachographs; temperature logging apparatus; instruments for recording heart activity [for scientific purposes]; electricity measuring instruments; ammeters; battery testers; electric flow meters; electric loss indicators; electric current meters; power meters; galvanometers; conductivity meters; millivolt meters; ohmmeters; oscillographs; oscilloscopes; wideband phase-angle voltmeters; digital multimeters; digital panel meters; current-meters; folding multimeters; capacitance meters; resistance measuring instruments; wattmeters; voltmeters; speed measuring instruments; accelerometers; bicycle speedometers; apparatus for measuring the speed of golf swing; speed indicators; speed measuring apparatus [photography]; sensors for measuring speed; speed meters; speed checking apparatus; speed checking apparatus for vehicles; radar guns for sporting events; tachometers; speed measuring apparatus for vehicles; time measuring instruments (not including clocks and watches); countdown timers; parking meters; chronographs [time recording apparatus]; chronographs for use as specialized time recording apparatus; electronic timing apparatus; electronic metronomes; electronic timing control instruments; automatic timers for use with beverage makers; time clocks [time recording devices]; time recording apparatus and instruments; time recording apparatus; mechanical egg timers; digital egg timers; egg timers [sandglasses]; vehicle parking meters; food timers; weighbridges; separation columns for weighing purposes; counter balance weights; scales; balance installations; letter scales for domestic use; electrical weighing apparatus; electrical scales; electronic scales; electronic weighing scales for personal use; electronic weighing scales for kitchen use; talking scales; checkweighers; baby scales; letter scales; letter scales for office use; portable digital electronic scales; postage scales; spring balances; weighing apparatus and instruments for standard unit; weighing scales for medical use; balances [steelyards]; weighing apparatus and instruments; precision balances; kitchen weighing scales; bathroom scales; temperature measuring instruments; temperature measuring apparatus for household use; decorative dials for thermostats; electronic thermometers, other than for medical use; mercury thermometers [other than for medical use]; infrared thermometers; infrared thermometers, not for medical purposes; quartz glass thermometers; laboratory thermometers; temperature measuring apparatus for scientific use; temperature meters for scientific use; meat thermometers; pyrometers; temperature measuring apparatus for industrial use; digital thermometers, other than for medical purposes; technical thermometers; temperature feedback units; temperature indicators; temperature sensors; thermometers; thermometers, not for medical purposes; candy thermometers; thermocouples; thermocouple blocks; thermocouple heads; heating meters; resistance oscillator thermometers; acid hydrometers; acidimeters for batteries; eye refractometers; actinometers; alcoholmeters; oil level indicators; analysis instruments for photogrammetric purposes; anemometers; antenna parameter measuring apparatus; apertometers [optics]; sight glasses [optical]; base plates for surveying purposes; separation columns for measuring purposes; hemline markers; high pressure manometers; autocollimators; timers for automatic apparatus; azimuth instruments; wavemeters; barometers; baroscopes; petrol gauges; bubble levels; cytometers; frequency meters; fuel gauges; fuel consumption measuring apparatus; densitometers; dynamometers; soil moisture meters; gauges for discomfort index; salinometers; gasometers [measuring instruments]; gas pressure indicators; gas flow meters; electromagnetic measuring detectors; electronic dynamometers; electronic photometers; electronic rain gauges; electronic meters; topographic apparatus [electronic]; electronic metering devices for faucets; electronic charts used to identify the hiding-power of paint; electrotechnical vibration meters; ergometers; phase angle meters; instruments for surveying physical data; fluorometers; photometric apparatus [other than for medical use]; photo potentiometers; gauge blocks; gamma counters; sound level meters; acoustic meters; geiger counters; surveying apparatus and instruments; surveying instruments; surveying poles; tripods for surveying apparatus; gyrometers; golf club gauges; goniometers; graduation checkers [calibration checkers]; gravimeters; borehole surveying apparatus; levels [instruments for determining the horizontal]; plumb levels; mercury levels; hygrometers; interferometers; insulation resistance meters; connected bracelets [measuring instruments]; japanese style box-shaped volume measure (masu); marine depth finders; calibrating apparatus; calibrating rings; calorimeters; square rulers for measuring; bevels [measuring apparatus]; instruments for measuring angles; quantity indicators; pocket scales; colorimeters; concentration meters; coordinate measuring instruments; cyrogenic turbine meters; fuel level indicator controls; fuel consumption meters; logs [measuring instruments]; wire gauges; audio timers; tool measuring instruments; stress gauges; timing apparatus; timing dials; lactodensimeters; laser scanning densitometers; laser measuring systems; rain gauges; level indicators; level indicators [spirit levels]; level measuring machines [for surveying]; level meters; magnetic compasses [for surveying]; magnetometers; manometers; manometer lines, other than for medical use; mass spectrometers; mass flow meters; measures; measuring apparatus; measuring apparatus and instruments; measuring glassware; set squares [measuring]; measuring instruments; measuring devices, electric; housings for measuring apparatus; measuring cups; measuring wheels; measuring stands; tonometers for measuring [not for medical purposes]; measuring tubes; measuring spoons; surveying chains; protractors [measuring instruments]; counters; gauges; gauges with digital readout; plane tables [surveying instruments]; metronomes; coin counting or sorting machines; fluid level measuring apparatus for use in motor vehicles; newton dynamometers; levelling rods [for surveying]; levelling staffs [surveying instruments]; surveyors' levels; slope indicators; remote reading fluid level indicators; remote control telemetering apparatus; optical measurement apparatus; optical measuring components; optical profilers; tyre-pressure measurers; ph electrodes; ph meters; acceleration sensors; piezoelectric vibratory gyroscopes; planimeters; panel meters; polarimeters; polyethylene measuring cups; underwater sonar surveying apparatus; timing devices for industrial processing apparatus; radiation-measuring instruments; radioactivity measuring apparatus; radioactivity measuring instruments; wheel balancing apparatus; wheel alignment measuring apparatus; reflectometers; tee squares [measuring]; rheometers; rotary gas meters; acidity meters; saccharometers; tire balancing machines for land vehicles; tire balancing units for land vehicles; seismographic apparatus; thermal energy measuring apparatus; transparency measuring apparatus; digital measuring apparatus; numerical counters; resolution wedges; apparatus for checking flight parameters; liquid dosage devices that measure the amounts to be dispensed; instruments for measuring levels of fluids; liquid level meters; pressure indicators; pressure measuring apparatus; pressure scales; pressure controllers [gauges]; shock calibrators; rate gyros; print counters; spectrophotometer; spectrometers; spectroscopes; spirometers for scientific use; grip size gauges; flowmeters; screw-tapping gauges; screw-thread measuring machines and instruments; threading gauges; stabilizing gyroscopes; glass graduated scales; hollow glass containers for measuring; thickness gauges; positive displacement meters; sulfitometers; plumb bobs; revolution counters; taximeters; feeler gauges; telemetry apparatus; telescopic measures with a digital read out; telescopic rules; theodolites; thermohydrometers; reference gauges; precision measuring apparatus; precision measuring rods; precision theodolites; topographic apparatus [electric]; topographic apparatus [optical]; totalizators [counting apparatus]; vehicle wheel alignment machines; vehicle dipsticks; illuminometers; luminoflux meters; wind measurement apparatus; viscosimeters; vibration gauges; shaft identification gauges; variometers; water meters; water level indicators; vacuum gauges; vacuum measuring instruments; universal timers; ultrasonic fluid measuring apparatus; ultrasonic measuring apparatus; volumetric measuring apparatus; contents gauges; turbine meters; noisemeters; monitoring instruments; oil change monitors; safety monitoring apparatus [electric]; temperature monitors for household use; temperature monitors [valves] for central heating radiators; particle emission monitors; particle flow monitors; inking monitors; oxygen monitors, not for medical purposes; gas flow monitors; dust emission monitors; instruments for monitoring traffic; electric motor checking [monitoring or supervision] apparatus; electronic carbon dioxide monitors [other than for medical purposes]; electronic baby monitoring devices; electronic monitoring instruments, other than for medical use; electronic temperature monitors, other than for medical use; voltage monitor modules; aural monitoring apparatus; vapour monitoring apparatus for the detection of leaks; travel distance monitors; cryomonitors; respiratory monitors [non-medical]; flame monitors; ozone monitors, other than for medical use; tyre monitoring apparatus; temperature monitors for industrial use; monitoring units [electric]; process monitors; event recorders; liquid level monitoring apparatus; monitoring apparatus, electric; monitoring control apparatus [electric]; remote monitoring apparatus; visual monitoring apparatus; controllers (regulators); lighting control apparatus; height controls; automatic control apparatus; automatic vehicle speed control apparatus; automatic vacuum control apparatus; valves (electric controls for automatically operating -); valves (electronic controls for automatically operating -); valves (remote controls for automatically operating -); central heating programmers; fuel regulating apparatus; decompression chambers; differential switches; electric installations for the remote control of industrial operations; electric timers; igniting apparatus, electric, for igniting at a distance; electrical remote control apparatus; electric control devices for energy management; electric thermostats; electrical controllers; electrical controlling devices; electric control valves; electric control devices for heating management; electrical control boards; electric fence controllers; control installations (electric -); electro-dynamic apparatus for the remote control of railway points; electro-dynamic apparatus for the remote control of signals; electronic cruise control apparatus; electronic variable speed units; electronic regulators; electronic controllers; electronic control units; energy control devices; energy regulators; infrared remote control apparatus; slatted blind controls [electric]; room thermostats; boiler control instruments; variable speed control apparatus; time regulating apparatus; electrical controls for irrigation sprinkler systems; level controllers [electrical apparatus]; temperature matrix regulators; temperature controlling apparatus for machines; temperature limiters for machines; temperature control apparatus [thermostats] for machines; mechanical room thermostats; remote controls; remote control apparatus for air conditioning installations; electronic apparatus for the remote control of signals; remote control apparatus; remote control receivers; pneumatic control apparatus; industrial process control software; process controllers [electric]; process controlling apparatus [electric]; process controlling apparatus [electronic]; process control units [electric]; programmable control apparatus; programmable timers; programmable controllers; regulating apparatus, electric; robotic electrical control apparatus; stage lighting controls; numerical control apparatus; process control digital controllers; remote controls for operating flying toys; pressure regulators; flow control installations [electric]; remote controls for operating scale model vehicles; seat controls; thermal cutoffs; thermal controls [thermostats]; heat regulating apparatus; thermal controls; valve operators [electric controls]; cooker control units; cruise controls for motor vehicles; water temperature regulators; control stations (remote, electric or electronic -); electrical controls; temperature controllers apparatus for use in vehicle heating systems; thermostats for vehicle engines; temperature controllers apparatus for use in vehicle engines; temperature regulators for vehicle engines; thermostats for vehicles; temperature control apparatus [thermostats] for vehicles; titration controllers; thermostat control apparatus; thermostat controllers; thermostatically controlled valves; instruments for temperature control; temperature control apparatus [thermostats]; thermostats; load indicators; astrometric measuring apparatus and instruments; high frequency transducers; automatic altitude indicators; automatic dosage apparatus; job performance recorders; multichannel analyzers; load cells; dosage dispensers; flue gas analyzers; electrical phonomotors; electronic colour analyzers; electro-optic transducers; electric power analyzers; electricity indicators; phase indicators; fluorescence analyzers; instruments for analysing photographs; indication panels; force transducers; transducers; transducer energisers; computerized vehicle engine analyzers; switchboard indicating lamps; luminescence measuring devices; luminescence analyzers; logic probes; level switches; food analysis apparatus; measuring transducers; tyre matching apparatus; piezoelectrical transducers; rotary encoders; safe load indicating apparatus; sunshine recorders; numerical position indicating apparatus; digital indicators; airborne data acquisition instruments; air traffic control apparatus; liquid level switches; pressure transducers; pressure indicator plugs for valves; stroboscopes; torque transducers; heat sensing identification indicators; mechanisms for counter-operated apparatus; luminous indicators; wind socks for indicating wind direction; engine diagnostic apparatus; engine analyzers; currency recognition machines; image analyzers; ultrasonic transducers; photographic surveying instruments; checking (supervision) apparatus and instruments; linear transducers; thermosensitive temperature indicator strips; thermomagnetic cut-out devices; temperature indicator labels, not for medical purposes.
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.
The applicant claims that both companies are active in two different fields and that they target different types of consumers. In this regard, it should be pointed out that the comparison of the goods and services must be based on the wording indicated in the respective lists of goods and/or services. The actual or intended use of the goods and services not stipulated in the list of goods and/or services is not relevant for the examination (16/06/2010, T-487/08, Kremezin, EU:T:2010:237, § 71). Consequently, the applicant’s claim must be set aside.
For the purpose of the comparison, the contested goods in Class 9 have been categorised into groups, as specified in the annex of this decision.
Group I. Audio, visual and data processing equipment and accessories:
The contested electronic components; processors [central processing units]; multiprocessor chips; interface cards for data processing equipment in the form of printed circuits; electronic memory circuits; electronic memory integrated circuit chips; computer memory devices; microprocessor cards; RAM [random access memory] card; logic circuits; math coprocessor; microprocessors; microprocessor controls; microprocessor cores; add-on circuit boards for connecting computers to networking software; data processors; electronic word processors; digital signal processors; speech processors; pulse code modulating processors; satellite processors; firmware memory devices; multichannel sound processors; sound processors; digital sound processors; microscope video processors; video processors; film developing apparatus; X-ray film processors, other than for medical use; raster image processors; image processors; shutter sensors; heliographic apparatus; speed measuring apparatus [photography]; signal processors for audio speakers; software programmable microprocessors; signal processing apparatus are included in, or overlap with, the opponent's broad categories of apparatus and instruments for use in recording, storing, generating, carrying, transmitting, manipulating, processing and reproducing sounds and images, video cameras, recorders and playback machines and parts and fittings for all the aforesaid goods [apparatus and instruments for use in recording, storing, generating, carrying, transmitting, manipulating, processing and reproducing sounds and images, video cameras, recorders and playback machines]. Therefore, they are identical.
Group II: Communication apparatus, antennas and aerials
The contested antenna boosters; antennas; aerial combiners; aerial converters; aerial sockets; aerial amplifiers; car aerials; receiving antennas for satellite broadcast; radio antennas; radio wave transmitting aerials; radio-frequency antennas; antennas and aerials as components; component parts for aerials; power strips with movable sockets; radio-frequency components; radar antennas; communications processors are included in, or overlap with, the opponent's broad categories of communications apparatus and instruments and parts and fittings for all the aforesaid goods [communications apparatus and instruments]. Therefore, they are identical.
Group III. Navigation, guidance, tracking, targeting and map making devices
The contested airborne data acquisition instruments; air traffic control apparatus are also devices which may transmit and reproduce sound and images. These goods are, therefore, at least similar to the opponent’s apparatus and instruments for use in recording, storing, generating, carrying, transmitting, manipulating, processing and reproducing sounds and images, video cameras, recorders and playback machines as they have the same nature, they may be produced by the same producers, sold by the same distribution channels and they may target the same public.
Group IV. Audio and video monitoring devices
The contested electronic baby monitoring devices; electronic monitoring instruments, other than for medical use are similar to a high degree with the opponent's apparatus and instruments for use in recording, storing, generating, carrying, transmitting, manipulating, processing and reproducing sounds and images, video cameras, recorders and playback machines. The opponent’s goods include video security cameras adapted for monitoring purposes. Baby monitors and video cameras are commonly sold in a set. Given the indispensable functional link that exists between the camera that captures sound and/or images on the one hand, and the display device on the other hand, consumers may think that responsibility for the production of those goods lies with the same undertaking.
The contested aural monitoring apparatus; visual monitoring apparatus record, transmit and process sound or images and, therefore, overlap with the opponent’s apparatus and instruments for use in recording, storing, generating, carrying, transmitting, manipulating, processing and reproducing sounds and images. The goods are identical.
Group V. Controllers and regulators, including remote controllers
The
contested remote
controls; remote control apparatus for air conditioning
installations; remote control apparatus; remote control receivers;
remote controls for operating flying toys; remote controls for
operating scale model vehicles; control stations (remote, electric or
electronic -); electrical remote control apparatus
are included
in, or overlap with, the opponent’s broad category of remote
control apparatus and instruments. Therefore,
they are identical.
The contested electric installations for the remote control of industrial operations; electronic apparatus for the remote control of signals; flow control installations [electric]; control installations (electric -); controllers (regulators); electric power controllers; lighting control apparatus; height controls; automatic control apparatus; automatic vehicle speed control apparatus; automatic vacuum control apparatus; valves (electric controls for automatically operating -); valves (electronic controls for automatically operating -); valves (remote controls for automatically operating -); central heating programmers; fuel regulating apparatus; decompression chambers; differential switches; electric timers; igniting apparatus, electric, for igniting at a distance; electric control devices for energy management; electric thermostats; electrical controllers; electrical controlling devices; electric control valves; electric control devices for heating management; electrical control boards; electric fence controllers; electro-dynamic apparatus for the remote control of railway points; electro-dynamic apparatus for the remote control of signals; electronic cruise control apparatus; electronic variable speed units; electronic regulators; electronic controllers; electronic control units; energy control devices; energy regulators; infrared remote control apparatus; slatted blind controls [electric]; room thermostats; boiler control instruments; variable speed control apparatus; time regulating apparatus; electrical controls for irrigation sprinkler systems; level controllers [electrical apparatus]; temperature matrix regulators; temperature controlling apparatus for machines; temperature limiters for machines; temperature control apparatus [thermostats] for machines; mechanical room thermostats; pneumatic control apparatus; industrial process control software; process controllers [electric]; process controlling apparatus [electric]; process controlling apparatus [electronic]; process control units [electric]; programmable control apparatus; programmable timers; programmable controllers; programmable logic controllers; regulating apparatus, electric; robotic electrical control apparatus; stage lighting controls; numerical control apparatus; process control digital controllers; pressure regulators; seat controls; thermal cutoffs; thermal controls [thermostats]; heat regulating apparatus; thermal controls; valve operators [electric controls]; cooker control units; cruise controls for motor vehicles; water temperature regulators; electrical controls; temperature controllers apparatus for use in vehicle heating systems; thermostats for vehicle engines; temperature controllers apparatus for use in vehicle engines; temperature regulators for vehicle engines; thermostats for vehicles; temperature control apparatus [thermostats] for vehicles; titration controllers; thermostat control apparatus; thermostat controllers; thermostatically controlled valves; instruments for temperature control; temperature control apparatus [thermostats]; thermostats are at least similar, if not identical given that the contested goods are included in or include the opponent’s remote control apparatus and instruments; parts and fittings for all the aforesaid goods. The goods have, at least, the same purpose of controlling machines and devices whether from a distance or not. Therefore, they may coincide in their producers as they require the same technical know-how for their manufacturing. Consequently, they may share the same distribution channels.
Group VI. Electrical circuits, circuit boards, cables and wires:
The
contested power
cables; electric components;
electrical
circuits and circuit boards; analogue circuits; multichip modules;
multilayer printed wiring boards; large scale integrated circuits;
electrical control circuits; circuits [electric or electronic];
electrical circuits; electronic chips; electronic circuit cards;
electronic circuit boards; electronic circuits; electronic logic
circuits; electronic control circuits; electrical circuit boards;
neon light indicators for use in electrical circuits; focusing
circuits; audio circuit boards; circuit boards provided with
integrated circuits; hybrid circuits; hybrid integrated circuits;
integrated electronic circuits; integrated circuits; integrated
circuit memory cards for use in playing electronic musical
instruments; smart cards; chips [integrated circuits]; integrated
circuit modules; plugboards; flexible circuit boards; decision
circuits; chipcards; microchips; microchip cards; microcontrollers;
wafers for integrated circuits; programmable logic arrays;
semiconductor chips; silicon chips; silicon chips [electronic
components]; printed electronic circuits; printed circuit expansion
boards; printed electrical circuits; printed circuits; thermosonic
bonding apparatus; printed circuit boards; hard disk controllers;
circuits for heavy current; thick film hybrid circuits; thick film
hybrid integrated circuits; telecommunications circuit board units;
blank integrated circuit cards [blank smart cards]; interface
circuits for video cameras; controller circuit boards; control
circuits; copper panels for circuit boards; printed circuit board
contact probes; battery leads; winding wires [electricity];
electrified rails for mounting spot lights; electronic cables;
connectors for electronic circuits; mineral insulated electric
cables; sheaths for electric cables; cable boxes (electric -); cable
identification markers for electric cables; electrical power
extension cords; connections for electric cables; cable channels
(electric -); ducting for electric cables; male connectors for
electrical cables; cable splices for electric cables; junction
sleeves for electric cables; conduit for electric cables; electric
cords; wires (electric -) of metal alloys; rubber covered electrical
wires; sheaths for electrical wires; identification sheaths for
electric wires; identification threads for electric wires; electrical
wiring installations; junction boxes for electric wires; markers for
electric wire; materials for electricity mains [wires, cables];
connections for electric lines; mounting cords [electrical]; cables
for electrical signal transmission; power line protectors;
electricity conduits; electrical resistance wire; enamelled electric
wires; guitar cables; insulated electrical cables; insulated cable
for electrical installations; electrical cables for use in
connections; connecting electrical cables; connection cables;
electrical cabling; cable covers [conduits]; cable connectors; joint
boxes for housing cable joints; cable harnesses; heat resistant
electric wires; strain relief cable glands; power line conditioners;
electric wires; wire connectors [electricity]; fuse wire; magnetic
wires; metallic cables [electric]; metallic wires [electric];
threaded cable connectors of metal; bare wires; cables for optical
signal transmission; plastic coated wire [electric]; aerial cables
for heavy currents; interface cables [electric]; telephone wire
connection boxes; thermocouple sheaths; thermocouple cables;
thermocouple wires; thermostat wires; ignition cables; jump leads;
starter cables for motors; copper wire, insulated; resistance wires;
tags for identifying electric cables; tags for identifying electric
wires; apparatus, instruments and cables for electricity;
electric
cables; electric cables and wires
are included in, or overlap with, the opponent's broad categories of
electrical,
electronic and optical components, connectors, interconnects, cables,
wires, leads, plugs and sockets
and parts
and fittings for all the aforesaid goods
[electrical,
electronic and optical components, connectors, interconnects, cables,
wires, leads, plugs and sockets].
Therefore, they are identical.
Group VII. Apparatus and instruments for accumulating, storing and controlling electricity:
The contested apparatus and instruments for accumulating and storing electricity; electric power units; power-line transmission apparatus; mains power units (electric -); electricity mains apparatus; galena crystal detectors for use in electronics; uninterruptible power supply apparatus [battery]; uninterruptable power supply apparatus; piezoelectric igniters; regulated power supply apparatus; static grounding systems and apparatus are at least similar, if not identical given that the contested goods are included in or include the opponent’s power supplies; parts and fittings for all the aforesaid goods [power supplies]. The goods have, at least, the same purpose of supplying power. Therefore, they may coincide in their producers as they require the same technical know-how for their manufacturing. Consequently, they may share the same distribution channels.
The contested battery boxes; batteries for lighting; photovoltaics; photovoltaic apparatus and installations for generating solar electricity; car batteries; chargers for electric batteries; plates for batteries; solar batteries; rechargeable batteries; anode batteries; batteries; electric batteries for vehicles; battery adapters; battery jars; battery packs; battery separators; battery chargers; battery starters; batteries, electric; batteries for electric vehicles; electric batteries for powering electric vehicles; electric fence energisers; electrolysers [electrolytic cells]; electronic cigarette batteries; chargers for electronic cigarettes; grids for batteries; electricity storage apparatus; apparatus and instruments for accumulating electricity; flyback transformers; rechargeable cells; power banks; AC/DC power supplies; batteries for pocketlamps; batteries for use in hearing aids; fuel cells; fuel cell electrodes; lithium batteries; lithium ion batteries; power packs [batteries]; mains chargers; power units [batteries]; cell phone battery chargers; cell phone battery chargers for use in vehicles; mobile telephone batteries; battery charging devices for motor vehicles; push-on accumulators; nickel-cadmium storage batteries; charging appliances for rechargeable equipment; DC input power supplies; solar batteries for domestic use; rechargeable electric batteries; alkaline accumulators; solar batteries for industrial use; solar battery chargers; solar cells; dry-cell batteries; battery chargers for use with telephones; batteries for vehicles are similar to the opponent's power supplies; electrical, electronic and optical components, connectors, interconnects, cables, wires, leads, plugs and sockets; parts and fittings for all the aforesaid goods [power supplies; power supplies; electrical, electronic and optical components, connectors, interconnects, cables, wires, leads, plugs and sockets]. These goods share similar purposes in that their function evolves around the management of electric current. Therefore, they may be produced by the same undertaking and coincide in their channels of distribution.
The same applies for the contested apparatus and instruments for controlling electricity; battery booster cables; anti-interference devices [electricity]; voltage surge protectors; branch boxes [electricity]; branch switches; branch terminals; high-frequency switching power supplies; step-up transformers; high frequency switches; high frequency convertors; high-voltage power supplies; high voltage multipliers; high voltage reactors; high voltage transformers; autotransformers; fault voltage breakers; frequency invertors [electronic]; frequency transformers; electrical adapters; electrical circuit breakers; electric boosters; electric circuit interrupters; electronic load modules; electronic power controllers; electronic frequency converters for high velocity electro motors; electronic power supplies; electronic transformers; electrical frequency converters; electric power distribution machines; electrical power distribution blocks; inverters for power supply; electric power supply units; power adapters; power conditioning apparatus; power conditioners; electrical charge controllers; mains monitoring apparatus (electric -); mains transformers (electric -); apparatus and instruments for regulating electricity; switchgear [electric]; electrical distributors; electric current switches; apparatus and instruments for switching electricity; electric current rectifiers; apparatus and instruments for conducting electricity; electric current transformers; voltage regulators for electric power; electric voltage transformers; voltage stabilizing power supply; electric current control devices; transformers [electricity]; power transformers for amplification; tap changers for electric transformers; apparatus and instruments for transforming electricity; power dividers [electric]; power regulating apparatus; power distributors [electrical]; phase modifiers; power relays; power controllers; fault current breakers; impedance transformers; induction voltage regulators; inverters [electricity]; converters, electric; alternator rectifiers; comparators; voltage converters; voltage-to-current converters; voltage regulators; voltage regulators for vehicles; voltage stabilizers; voltage transformers; earthing apparatus; commutators; switching power supply apparatus; time switches, automatic; lift control panels; current rectifiers; rectifier tubes; rectifier modules; power packs [transformers]; power units [transformers]; miniature circuit breakers; direct current converters; piezoelectric switches; power sources connected to audio apparatus for use in motor vehicles; manual rectifiers; relays, electric; limiters [electricity]; rotary converters; dry-type transformers; stage lighting regulators; distribution transformers; electrical branch boxes; current convertors; current breakers; current transformers; static power convertors; apparatus for controlling static electricity; static voltage regulators; welding transformers; capacitive voltage transformers; shunt reactors; electric toy train transformers; electrical reducing transformers; photocells for use with security lighting; portable solar panels for generating electricity; photodiodes; photovoltaic modules; photovoltaic apparatus for converting solar radiation to electrical energy; photovoltaic inverters; photovoltaic installations for generating electricity [photovoltaic power plants]; photovoltaic cells; calibrated photovoltaic reference cells; solar panels; solar panels for the production of electricity; solar panel arrays; solar cells for electricity generation; solar energy collectors for electricity generation; photovoltaic solar modules; solar modules which are similar with the opponent’s power supplies; electrical, electronic and optical components, connectors, interconnects, cables, wires, leads, plugs and sockets; parts and fittings for all the aforesaid goods [power supplies; power supplies; electrical, electronic and optical components, connectors, interconnects, cables, wires, leads, plugs and sockets] for the same reasons as above.
Group VIII. Scientific and laboratory devices for treatment using electricity:
The contested devices for treatment using electricity; electrostatic precipitators; ion implanters; ionization apparatus not for the treatment of air or water; ion beam supply apparatus; cathodic anti-corrosion apparatus; cathodic protection apparatus; ozonisers [ozonators]; ozonators [not for medical purposes]; vibration exciters; fluidized bed dryers are very specific scientific or laboratory devices used to treat electricity and are aimed to a specialised professional public. It is very unlikely that the producers of these special devices would also manufacture any of the opponent’s goods The fact that the opponent’s goods run on power and thus may be used together with the opponent’s power supplies; power cables and parts and fittings thereof is not sufficient reason to find them similar. Since they do not coincide in other factors, such as their different producers, distribution channels or relevant public. Their purposes and methods of use are also different. Consequently, they are dissimilar.
Group IX. Measuring apparatus and devices
The contested instruments for measuring milk quality parameters; oil-water level sensors; carbon dioxide detectors; carbon monoxide detectors; radiation dosemeters; radiation sensing apparatus; automatic indicators of low pressure in tyres; automatic solar tracking sensors; coolant-temperature sensors; apparatus for checking the authenticity of banknotes; bio-sensors; biochip sensors; nuclear detectors for detecting radiation particles; multiaxis directional detectors; detection apparatus; detectors; interfaces for detectors; humidity sensors; gas detecting apparatus; gas sensors; on-off sensors; instruments for detecting traffic; electric sensors; detectors for electric meters; electrochemical gas sensors; electronic sensors; electronic measurement sensors; electronic pressure sensors; electron capture detectors; electro-optical sensors; particle detecting apparatus; particle detectors; photoelectric sensors; photoionic detectors; apparatus to check franking; sound locating instruments; sensors for determining velocity; infrared detection apparatus; infrared sensors; infrared scanners; combustion gas detectors; maritime patrol radar; cable detectors; heat sensors; sensors used in plant control; voltage detectors; cable locators; shipboard radars and components; laser detectors; laser speed detectors; luminescence scanners; level sensors; magnetic detectors; magnetic sensors; magnetic flux sensors; magnetic metal detector monitors; magnetic object detectors; magnetic resistance sensors; mass flow sensors; measuring sensors; metal detectors; metal detectors for industrial or military purposes; sensors used in meteorology; microwave detectors [radar]; microwave sensing apparatus; minesweeping [detecting] apparatus; oxygen sensors, not for medical use; dummy sensors; counterfeit [false] coin detectors; distance sensors; leak detection apparatus; leak detectors; sensors used in oceanography; optical speed sensors; optical sensors; optical fibre sensors; air temperature sensors; egg-candlers; counterfeit money detecting apparatus; immersion probes; passive infrared detectors; pyroelectric infrared sensors; piezoelectric sensors; underwater acoustic detecting apparatus; sensors for determining position; filling level detectors; proximity sensors; radar apparatus; radar receivers with amplifiers; radar detectors; radar receivers; radar systems; radar displays; radon detectors; dewing sensors; electronical sensors for measuring solar radiation; seismic detectors; synchro sensors; scanning probes, other than for medical use; liquid level sensors; pressure transmitters; impact sensors; sonars; pressure sensors; brake pad wear sensors; sensors for use with machine tools; combination carbon monoxide and smoke detectors; oil level sensors; pollutant sensors; automatic indicators of low pressure in vehicle tires [tyres]; ultrasonic flaw detectors; ultrasonic detectors [non-medical]; diagnostic ultrasound apparatus, other than for medical use; ultrasonic sensors; ultrasonic object detectors for use on vehicles; ultrasonic wave type intruder sensors; thermal sensors [thermostats]; heat detecting apparatus; heat detectors; optical fibre temperature probes, other than for medical use; light sensors; stud detectors; vibration sensors for installation in wind mill housings; vibration sensors; vibration detectors; resistance temperature detectors; sensors for use in the control of engines; sensors for engines; rods for water diviners; water level detection apparatus; currency authentication apparatus and equipment; ignition spark detectors; ultraviolet detection apparatus; ultrasonic probes, other than for medical use; distance and dimension measuring instruments; aperture gauges; distance measuring apparatus; distance recording apparatus; altimeters; axle measuring apparatus; echo sounding devices; electrical tape jigs [measuring instruments]; electronic distance meters; electronic marking gauges; electronic sliding callipers; electronic scale rules; rangefinders for golf; sensors for measuring depth; sounding lines; sounding leads; odometers; instruments for measuring length; length measuring gauges; jigs [measuring instruments]; wire diameter measuring devices; lasers for measuring purposes; laser range finders; slide-rules; level gauging poles; measuring cables; measuring rulers; measuring tapes; dial gauge instruments; gauge rods; rulers [measuring instruments]; micrometers; portable gauging tapes; appliances for measuring the thickness of leather; apparatus for measuring the thickness of skins; tire tread depth gauges; steel rules for measuring; radio echo sounders; spherometers; dressmakers' measures; cross beam depth gauges; verniers; spring callipers; carpenters' rules; range finders; transits [for surveying]; precision measuring rules; tripods [for surveying machines]; ultrasonic thickness gauges; jump gauge rods; marking gauges [joinery]; pedometers; ultramicrometers; cyclometers; electricity measuring instruments; ammeters; electric flow meters; electric loss indicators; electric current meters; power meters; galvanometers; conductivity meters; millivolt meters; ohmmeters; oscillographs; wideband phase-angle voltmeters; digital multimeters; digital panel meters; current-meters; folding multimeters; capacitance meters; resistance measuring instruments; wattmeters; voltmeters; speed measuring instruments; accelerometers; bicycle speedometers; apparatus for measuring the speed of golf swing; speed indicators; sensors for measuring speed; speed meters; speed checking apparatus; speed checking apparatus for vehicles; radar guns for sporting events; tachometers; speed measuring apparatus for vehicles; time measuring instruments (not including clocks and watches); countdown timers; parking meters; chronographs [time recording apparatus]; chronographs for use as specialized time recording apparatus; electronic timing apparatus; electronic metronomes; electronic timing control instruments; automatic timers for use with beverage makers; time clocks [time recording devices]; time recording apparatus and instruments; time recording apparatus; mechanical egg timers; digital egg timers; egg timers [sandglasses]; vehicle parking meters; food timers; weighbridges; separation columns for weighing purposes; counter balance weights; scales; balance installations; letter scales for domestic use; electrical weighing apparatus; electrical scales; electronic scales; electronic weighing scales for personal use; electronic weighing scales for kitchen use; talking scales; checkweighers; baby scales; letter scales; letter scales for office use; portable digital electronic scales; postage scales; spring balances; weighing apparatus and instruments for standard unit; weighing scales for medical use; balances [steelyards]; weighing apparatus and instruments; precision balances; kitchen weighing scales; bathroom scales; temperature measuring instruments; temperature measuring apparatus for household use; decorative dials for thermostats; electronic thermometers, other than for medical use; mercury thermometers [other than for medical use]; infrared thermometers; infrared thermometers, not for medical purposes; quartz glass thermometers; laboratory thermometers; temperature measuring apparatus for scientific use; temperature meters for scientific use; meat thermometers; pyrometers; temperature measuring apparatus for industrial use; digital thermometers, other than for medical purposes; technical thermometers; temperature feedback units; temperature indicators; temperature sensors; thermometers; thermometers, not for medical purposes; candy thermometers; thermocouples; thermocouple blocks; thermocouple heads; heating meters; resistance oscillator thermometers; acid hydrometers; acidimeters for batteries; eye refractometers; actinometers; alcoholmeters; oil level indicators; analysis instruments for photogrammetric purposes; anemometers; antenna parameter measuring apparatus; apertometers [optics]; sight glasses [optical]; base plates for surveying purposes; separation columns for measuring purposes; hemline markers; high pressure manometers; autocollimators; timers for automatic apparatus; azimuth instruments; wavemeters; barometers; baroscopes; petrol gauges; bubble levels; cytometers; frequency meters; fuel gauges; fuel consumption measuring apparatus; densitometers; dynamometers; soil moisture meters; gauges for discomfort index; salinometers; gasometers [measuring instruments]; gas pressure indicators; gas flow meters; electromagnetic measuring detectors; electronic dynamometers; electronic photometers; electronic rain gauges; electronic meters; topographic apparatus [electronic]; electronic metering devices for faucets; electronic charts used to identify the hiding-power of paint; electrotechnical vibration meters; ergometers; phase angle meters; instruments for surveying physical data; fluorometers; photometric apparatus [other than for medical use]; photo potentiometers; gauge blocks; gamma counters; sound level meters; acoustic meters; geiger counters; surveying apparatus and instruments; surveying instruments; surveying poles; tripods for surveying apparatus; gyrometers; golf club gauges; goniometers; graduation checkers [calibration checkers]; gravimeters; borehole surveying apparatus; levels [instruments for determining the horizontal]; plumb levels; mercury levels; hygrometers; interferometers; insulation resistance meters; connected bracelets [measuring instruments]; japanese style box-shaped volume measure (masu); marine depth finders; calibrating apparatus; calibrating rings; calorimeters; square rulers for measuring; bevels [measuring apparatus]; instruments for measuring angles; quantity indicators; pocket scales; colorimeters; concentration meters; coordinate measuring instruments; cyrogenic turbine meters; fuel level indicator controls; fuel consumption meters; logs [measuring instruments]; wire gauges; audio timers; tool measuring instruments; stress gauges; timing apparatus; timing dials; lactodensimeters; laser scanning densitometers; laser measuring systems; rain gauges; level indicators; level indicators [spirit levels]; level measuring machines [for surveying]; level meters; magnetic compasses [for surveying]; magnetometers; manometers; manometer lines, other than for medical use; mass spectrometers; mass flow meters; measures; measuring apparatus; measuring apparatus and instruments; measuring glassware; set squares [measuring]; measuring instruments; measuring devices, electric; housings for measuring apparatus; measuring cups; measuring wheels; measuring stands; tonometers for measuring [not for medical purposes]; measuring tubes; measuring spoons; surveying chains; protractors [measuring instruments]; counters; gauges; gauges with digital readout; plane tables [surveying instruments]; metronomes; coin counting or sorting machines; fluid level measuring apparatus for use in motor vehicles; newton dynamometers; levelling rods [for surveying]; levelling staffs [surveying instruments]; surveyors' levels; slope indicators; remote reading fluid level indicators; remote control telemetering apparatus; optical measurement apparatus; optical measuring components; optical profilers; tyre-pressure measurers; pH electrodes; ph meters; acceleration sensors; piezoelectric vibratory gyroscopes; planimeters; panel meters; polarimeters; polyethylene measuring cups; underwater sonar surveying apparatus; timing devices for industrial processing apparatus; radiation-measuring instruments; radioactivity measuring apparatus; radioactivity measuring instruments; wheel balancing apparatus; wheel alignment measuring apparatus; reflectometers; tee squares [measuring]; rheometers; rotary gas meters; acidity meters; saccharometers; tire balancing machines for land vehicles; tire balancing units for land vehicles; seismographic apparatus; thermal energy measuring apparatus; transparency measuring apparatus; digital measuring apparatus; numerical counters; resolution wedges; apparatus for checking flight parameters; liquid dosage devices that measure the amounts to be dispensed; instruments for measuring levels of fluids; liquid level meters; pressure indicators; pressure measuring apparatus; pressure scales; pressure controllers [gauges]; shock calibrators; rate gyros; print counters; spectrophotometer; spectrometers; spectroscopes; spirometers for scientific use; grip size gauges; flowmeters; screw-tapping gauges; screw-thread measuring machines and instruments; threading gauges; stabilizing gyroscopes; glass graduated scales; hollow glass containers for measuring; thickness gauges; positive displacement meters; sulfitometers; plumb bobs; revolution counters; taximeters; feeler gauges; telemetry apparatus; telescopic measures with a digital read out; telescopic rules; theodolites; thermohydrometers; reference gauges; precision measuring apparatus; precision measuring rods; precision theodolites; topographic apparatus [electric]; topographic apparatus [optical]; totalizators [counting apparatus]; vehicle wheel alignment machines; vehicle dipsticks; illuminometers; luminoflux meters; wind measurement apparatus; viscosimeters; vibration gauges; shaft identification gauges; variometers; water meters; water level indicators; vacuum gauges; vacuum measuring instruments; universal timers; ultrasonic fluid measuring apparatus; ultrasonic measuring apparatus; volumetric measuring apparatus; contents gauges; turbine meters; noisemeters consist of several types of measuring apparatus, and they have different natures compared to the opponent’s goods. The goods also have different purposes and methods of use and fulfil different needs of different publics. The goods have different producers, distribution channels and relevant public. Furthermore, they are neither complementary nor in competition. Consequently, they are dissimilar.
Group X. Monitoring instruments
The contested data loggers and recorders; chart recorders; electrical recorders; electronic carbon dioxide recorders [other than for medical purposes]; electronic speed recorders; electronic heart rate recorders [other than for medical use]; electronic temperature recorders, other than for medical use; graphic recorders; kilometer recorders; kilometer recorders for vehicles; time and date stamping machines; time coding apparatus; trip counters; score recorders [electric]; score recorders [electronic]; pressure recorders; shock recorders; tachographs; temperature logging apparatus; instruments for recording heart activity [for scientific purposes]; oil change monitors; safety monitoring apparatus [electric]; temperature monitors for household use; temperature monitors [valves] for central heating radiators; particle emission monitors; particle flow monitors; inking monitors; oxygen monitors, not for medical purposes; gas flow monitors; dust emission monitors; instruments for monitoring traffic; electric motor checking [monitoring or supervision] apparatus; electronic carbon dioxide monitors [other than for medical purposes]; electronic temperature monitors, other than for medical use; voltage monitor modules; vapour monitoring apparatus for the detection of leaks; travel distance monitors; cryomonitors; respiratory monitors [non-medical]; flame monitors; ozone monitors, other than for medical use; tyre monitoring apparatus; temperature monitors for industrial use; monitoring units [electric]; process monitors; event recorders; liquid level monitoring apparatus; monitoring apparatus, electric; monitoring control apparatus [electric]; remote monitoring apparatus are measuring devices used for monitoring of several parameters such as oxygen, voltage or gas level, distance, temperature or respiration by recording and processing signals from specific machines. Even the signals are usually displayed on a screen and/or associated with specific sounds, this is not sufficient to find them similar to the opponent’s goods, especially to apparatus and instruments for use in recording, storing, generating, carrying, transmitting, manipulating, processing and reproducing sounds and images. The goods also have different purposes and methods of use and fulfil different needs of different publics. The goods have different producers, distribution channels and relevant public. Furthermore, they are neither complementary nor in competition. Consequently, they are dissimilar.
Group XI. Sensors, detectors and testing devices:
The contested active infra-red sensors; oil-water level sensors; carbon dioxide detectors; carbon monoxide detectors; radiation dosemeters; radiation sensing apparatus; automatic indicators of low pressure in tyres; automatic solar tracking sensors; coolant-temperature sensors; apparatus for checking the authenticity of banknotes; bio-sensors; biochip sensors; nuclear detectors for detecting radiation particles; multiaxis directional detectors; detection apparatus; detectors; interfaces for detectors; humidity sensors; gas detecting apparatus; gas sensors; on-off sensors; instruments for detecting traffic; electric sensors; detectors for electric meters; electrochemical gas sensors; electronic sensors; electronic pressure sensors; motion controllers; motion sensing input devices; electronic motion sensitive switches; electron capture detectors; electro-optical sensors; particle detecting apparatus; particle detectors; photoelectric sensors; photoionic detectors; apparatus to check franking; sound locating instruments; sensors for determining velocity; infrared detection apparatus; infrared sensors; infrared scanners; combustion gas detectors; maritime patrol radar; cable detectors; heat sensors; sensors used in plant control; voltage detectors; cable locators; shipboard radars and components; laser detectors; laser speed detectors; luminescence scanners; level sensors; magnetic detectors; magnetic sensors; magnetic flux sensors; magnetic metal detector monitors; magnetic object detectors; magnetic resistance sensors; mass flow sensors; measuring sensors; metal detectors; metal detectors for industrial or military purposes; sensors used in meteorology; microwave detectors [radar]; microwave sensing apparatus; minesweeping [detecting] apparatus; oxygen sensors, not for medical use; dummy sensors; counterfeit [false] coin detectors; distance sensors; leak detection apparatus; leak detectors; sensors used in oceanography; optical speed sensors; optical sensors; optical fibre sensors; air temperature sensors; egg-candlers; counterfeit money detecting apparatus; immersion probes; passive infrared detectors; pyroelectric infrared sensors; piezoelectric sensors; underwater acoustic detecting apparatus; filling level detectors; proximity sensors; radar apparatus; radar receivers with amplifiers; radar detectors; radar receivers; radar systems; radar displays; radon detectors; dewing sensors; electronical sensors for measuring solar radiation; seismic detectors; synchro sensors; scanning probes, other than for medical use; liquid level sensors; pressure transmitters; impact sensors; sonars; pressure sensors; brake pad wear sensors; sensors for use with machine tools; combination carbon monoxide and smoke detectors; oil level sensors; pollutant sensors; automatic indicators of low pressure in vehicle tires [tyres]; ultrasonic flaw detectors; ultrasonic detectors [non-medical]; diagnostic ultrasound apparatus, other than for medical use; ultrasonic sensors; ultrasonic object detectors for use on vehicles; ultrasonic wave type intruder sensors; thermal sensors [thermostats]; heat detecting apparatus; heat detectors; optical fibre temperature probes, other than for medical use; light sensors; stud detectors; vibration sensors for installation in wind mill housings; vibration sensors; vibration detectors; resistance temperature detectors; sensors for use in the control of engines; sensors for engines; rods for water diviners; water level detection apparatus; currency authentication apparatus and equipment; ignition spark detectors; ultraviolet detection apparatus; ultrasonic probes, other than for medical use; sensors for measuring depth; electric loss indicators; sensors for measuring speed; alcohol testing apparatus; antifreeze testers; resistance testing apparatus; crash test dummies; testers for axle clearance; testing apparatus for testing printed circuit boards; test pins for testing printed circuit boards; test adapters for testing printed circuit boards; testing probes, other than for medical purposes; testing apparatus not for medical purposes; concrete testing machines; cement testing machines; testers for concrete; gas testing instruments; diesel oil emission testers; diesel injector testers; smoke alarm testers; ductility testers; electrical test apparatus; electrical circuit testers; testing devices for electronic parts; electronic apparatus for testing the sterility of pharmaceuticals and injectable solutions; electronic apparatus for testing the sterility of medical equipment; electronic testing apparatus for use in the field of telecommunications; vacuum tube characteristic testers; testing apparatus for checking electronic devices; testing apparatus for electronic equipment; mains testers (Electric -); functional generators; power testers; audio testing apparatus; circuit testing instruments; bore testing instruments; hydraulic system testing units; test probe assemblies for integrated circuits; probes for testing integrated circuits; insulation testers; glow plug testers; computer component testing and calibrating equipment; meter testing apparatus; material testing instruments and machines; material testing apparatus; metal compression testing machines; metal hardness testing machines; instruments for testing metals; microhardness testers; voltage testers; voltage monitoring units; tension testers; earth testers; continuity testers; portable test apparatus; leak testing apparatus; optical disc testers; testing apparatus for checking optical devices; endurance testing machines; lumber testing machines; lumber testers; plastic testing machines; flatness testing apparatus; flatness testers; temperature sensitive testing apparatus for industrial use; semiconductor testing apparatus; generators (signal -); digital functional generators; in-flight testing equipment; test rigs for manometer adjustments; speedometer testers; brake testing apparatus; brake fluid testers; textile testing machines; textile testers; test leads; torsion testers; internal combustion engine testing apparatus; vacuum climatic testing apparatus; test trays; transistor testers; apparatus for testing vehicle transmissions; apparatus for testing vehicle brakes; battery testers; oscilloscopes; testing and quality control devices; monitoring instruments; load indicators; astrometric measuring apparatus and instruments; high frequency transducers; automatic altitude indicators; automatic dosage apparatus; job performance recorders; multichannel analyzers; load cells; dosage dispensers; flue gas analyzers; electrical phonomotors; electronic colour analyzers; electro-optic transducers; electric power analyzers; electricity indicators; phase indicators; fluorescence analyzers; instruments for analysing photographs; indication panels; force transducers; transducers; transducer energisers; computerized vehicle engine analyzers; switchboard indicating lamps; luminescence measuring devices; luminescence analyzers; logic probes; level switches; food analysis apparatus; measuring transducers; tyre matching apparatus; piezoelectrical transducers; rotary encoders; safe load indicating apparatus; sunshine recorders; numerical position indicating apparatus; digital indicators; liquid level switches; pressure transducers; pressure indicator plugs for valves; stroboscopes; torque transducers; heat sensing identification indicators; mechanisms for counter-operated apparatus; luminous indicators; wind socks for indicating wind direction; engine diagnostic apparatus; engine analyzers; currency recognition machines; image analyzers; ultrasonic transducers; photographic surveying instruments; checking (supervision) apparatus and instruments; linear transducers; thermosensitive temperature indicator strips; thermomagnetic cut-out devices; temperature indicator labels, not for medical purposes; measuring, detecting and monitoring instruments, indicators and controllers; sensors and detectors; motion sensor; measuring, counting, alignment and calibrating instruments consist of several types of sensors, detectors and testers, while the opponent's goods are mainly apparatus for the recording, transmission or reproduction of sound or images, communication apparatus and instruments, teaching apparatus and instruments, remote controllers and various types of electric instruments and accessories and parts thereof. The goods have different purposes and methods of use and fulfil different needs of different publics. The goods have different producers, distribution channels and relevant public. Furthermore, they are neither complementary nor in competition. Consequently, they are dissimilar.
Group XII. Magnets, magnetizers and demagnetizers:
The
contested magnets,
magnetizers and demagnetizers; decorative refrigerator magnets;
electromagnets; electromagnetic coils; head demagnetisers;
demagnetisers; lifting magnets; magnets; decorative magnets; magnets
for industrial purposes; magnetic filters; magnetic wall stud
finders; magnetic pens; magnetic badges; magnetic field generators,
other than for medical use; magnetic coils; magnetic cores;
magnetrons; permanent magnets; starter electromagnets;
superconductive magnet apparatus; erasing magnets; fridge magnets
are different kinds of magnets with a particular purpose (i.e. they
attract certain substances, such as iron or steel, as a result of a
magnetic field, etc.). The opponent's goods are mainly apparatus for
the recording, transmission or reproduction of sound or images,
communication apparatus and instruments, teaching apparatus and
instruments, remote controllers and various types of electric
instruments and accessories and parts thereof. The opponent’s goods
and the contested goods have different natures, intended purposes and
methods of use. The goods have different producers, distribution
channels and relevant public. Furthermore, they are neither
complementary nor in competition. Consequently, they are dissimilar.
b) 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 (at least) similar to varying degrees are directed at the public at large and at business customers with specific professional knowledge or expertise.
The degree of attention may vary from average to high, depending on the specialised nature of the goods, the frequency of purchase and their price.
GO DEEPER
|
|
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 unitary character of the European Union trade mark means that an earlier European Union trade mark can be relied on in opposition proceedings against any application for registration of a European Union trade mark that would adversely affect the protection of the first mark, even if only in relation to the perception of consumers in part of the European Union (18/09/2008, C-514/06 P, Armafoam, EU:C:2008:511, § 57). Therefore, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.
The common element ‘DEEPER’ is meaningful in certain territories, for example in those countries where English is understood. Consequently, as this may influence the conceptual similarity between the signs, the Opposition Division finds it appropriate to focus the comparison of the signs on the English-speaking part of the public.
The common element ‘DEEPER’ will be understood by the relevant public as the comparative form of the word ‘deep’, meaning ‘far down or in; deeply’ (information extracted from Lexico on 10/05/2021 at https://www.lexico.com/definition/deep). It is distinctive for the relevant goods as it is not descriptive or in any other manner weak/non-distinctive regarding the characteristics of the goods.
The verbal element ‘GO’ of the earlier mark will be understood by the relevant public as referring to the verb of motion ‘to go’, used to express literal or figurative movement and may even be understood as an invitation to do something (information extracted from Lexico on 10/05/2021 at https://www.lexico.com/definition/go), but given its abstract sense cannot be considered as laudatory. This term has no meaning in relation to any of the earlier goods from the perspective of the public in the relevant territory and therefore it is normally distinctive.
The earlier mark ‘GO DEEPER’ as a whole will be understood as an expression stating that one should sink or lower oneself deeper into something such as ‘dive deeper into the water’ or ‘go deeper into a cave’ (and in this context the conceptual comparison is not influenced by the relevant goods). The combination as such is also distinctive considering the nature of the relevant goods.
That said, the meaning of this expression does not introduce an important difference between the meaning of ‘deeper’ and ‘go deeper’ to the extent that one would be compelled to conclude that the signs are not conceptually similar as the applicant considers.
Therefore, conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. As the signs will be associated with a similar meaning, the signs are conceptually highly similar.
Visually, the signs coincide in the verbal element ‘DEEPER’. However, they differ in the first verbal element of the earlier mark, ‘GO’, and in the stylisation of the contested sign. The stylisation of the verbal element in the contested sign will be merely perceived as a graphical means of bringing the verbal elements to the attention of the public and, therefore, its impact on the comparison of the signs will be limited.
Therefore, the signs are visually similar to an average degree.
Aurally, the pronunciation of the signs coincides in the sound of the letters ‛DEEPER’, present identically in both signs and differs in the sound of the letters ‛GO’ of the earlier mark, which has no counterparts in the contested sign.
Therefore, the signs are aurally similar to an average degree.
As the signs have been found similar in at least one aspect of the comparison, the examination of likelihood of confusion will proceed.
d) 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.
e) Global assessment, other arguments and conclusion
According to the case-law of the Court of Justice, in determining the existence of likelihood of confusion, trade marks have to be compared by making an overall assessment of the visual, aural and conceptual similarities between the marks. The comparison ‘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, § 22 et seq). Likelihood of confusion must be assessed globally, taking into account all the circumstances of the case.
The contested goods are partly identical or (at least) similar to varying degrees and partly dissimilar to the opponent’s goods and target the public at large and business customers with specific professional knowledge or expertise. The degree of attention may vary from average to high.
The inherent distinctiveness of the earlier mark is normal.
The signs are visually and aurally similar to an average degree on account of the coinciding verbal element ‘DEEPER’, which forms the entire verbal element of the contested sign and plays an independent distinctive element in the earlier mark. Conceptually, the signs are highly similar.
The differences are confined to the first verbal element of the earlier mark, ‘GO’, and to the stylisation of the contested sign (with a limited impact on the comparison of the signs).
The sole verbal element of the contested mark is entirely contained in the earlier mark and plays an independent distinctive role therein. An analysis of the similarity of two trade marks must take into account the overall impression given by them, since the average consumer normally perceives a mark as a whole and does not proceed to analyse its various details.
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). Even consumers who pay a high degree of attention need to rely on their imperfect recollection of trade marks (21/11/2013, T‑443/12, ancotel, EU:T:2013:605, § 54).
In the present case, the distinctive verbal element ‘DEEPER’ is clearly perceptible in the earlier mark and even if there is an additional distinctive verbal element in the earlier mark, consumers are still likely to believe that the identical or (at least) similar goods offered under the signs in dispute originated from the same undertaking, or from economically linked undertakings as the case may be.
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. Indeed, it is highly conceivable that the relevant consumer will perceive the contested mark as a sub-brand, a variation of the earlier mark, configured in a different way according to the type of goods that it designates (23/10/2002, T‑104/01, Fifties, EU:T:2002:262, § 49).
In its observations, the applicant argues that it owns several trade mark registrations with the word ‘DEEPER’ in Lithuania and the European Union, which coexists with the opponent’s earlier mark.
According to case-law, the possibility cannot be ruled out that the coexistence of two marks on a particular market might, together with other elements, contribute to diminishing the likelihood of confusion between those marks on the part of the relevant public (03/09/2009, C-498/07 P, La Española, EU:C:2013:302, § 82). In certain cases, the coexistence of earlier marks in the market could reduce the likelihood of confusion that the Office finds between two conflicting marks (11/05/2005, T-31/03, Grupo Sada, EU:T:2005:169, § 86). However, that possibility can be taken into consideration only if, at the very least, during the proceedings before the EUIPO concerning relative grounds for refusal, the applicant for the European Union trade mark duly demonstrated that such coexistence was based upon the absence of any likelihood of confusion on the part of the relevant public between the earlier mark upon which it relies and the earlier mark on which the opposition is based, and provided that the earlier mark concerned and the mark at issue are identical (11/05/2005, T‑31/03, Grupo Sada, EU:T:2005:169, § 86).
In this regard it should be noted that formal coexistence in national or Union registries of certain marks is not per se particularly relevant. It should also be proved that they coexist in the market, which could actually indicate that consumers are used to seeing the marks without confusing them. The applicant did not submit any evidence of coexistence in the market, and even less in the relevant market for which the assessment has been undertaken, namely English-speaking territories.
Therefore, in the absence of convincing arguments and evidence thereof, this argument of the applicant must be rejected as unfounded.
Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the English-speaking part of the public and therefore the opposition is partly well founded on the basis of the opponent’s European Union trade mark registration No 13 107 561. As stated above in section c) of this decision, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.
It follows from the above that the contested trade mark must be rejected for the goods found to be identical or (at least) similar to varying degrees 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.
COSTS
According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 109(3) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division will decide a different apportionment of costs.
Since the opposition is successful for only some 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
Cynthia DEN DEKKER |
Francesca DRAGOSTIN |
Inés GARCÍA LLEDÓ |
According to Article 67 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 68 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 for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.
Annex – Contested goods in Class 9
Group I. Audio, visual and data processing equipment and accessories: electronic components; processors [central processing units]; multiprocessor chips; interface cards for data processing equipment in the form of printed circuits; electronic memory circuits; electronic memory integrated circuit chips; computer memory devices; microprocessor cards; RAM [random access memory] card; logic circuits; math coprocessor; microprocessors; microprocessor controls; microprocessor cores; add-on circuit boards for connecting computers to networking software; data processors; electronic word processors; digital signal processors; speech processors; pulse code modulating processors; satellite processors; firmware memory devices; multichannel sound processors; sound processors; digital sound processors; microscope video processors; video processors; film developing apparatus; X-ray film processors, other than for medical use; raster image processors; image processors; shutter sensors; heliographic apparatus; speed measuring apparatus [photography]; signal processors for audio speakers; software programmable microprocessors; signal processing apparatus.
Group II: Communication apparatus, antennas and aerials: antenna boosters; antennas; aerial combiners; aerial converters; aerial sockets; aerial amplifiers; car aerials; receiving antennas for satellite broadcast; radio antennas; radio wave transmitting aerials; radio-frequency antennas; antennas and aerials as components; power strips with movable sockets; radio-frequency components; radar antennas; communications processors.
Group III. Navigation, guidance, tracking, targeting and map making devices: airborne data acquisition instruments; air traffic control apparatus.
Group IV. Audio and video monitoring devices: electronic baby monitoring devices; electronic monitoring instruments, other than for medical use; aural monitoring apparatus; visual monitoring apparatus.
Group V. Controllers and regulators, including remote controllers:
Remote controllers: remote controls; remote control apparatus for air conditioning installations; remote control apparatus; remote control receivers; remote controls for operating flying toys; remote controls for operating scale model vehicles; control stations (remote, electric or electronic); electrical remote control apparatus;.
Controllers and regulators: electric installations for the remote control of industrial operations; electronic apparatus for the remote control of signals; flow control installations [electric]; control installations (electric -); controllers (regulators); electric power controllers; lighting control apparatus; height controls; automatic control apparatus; automatic vehicle speed control apparatus; automatic vacuum control apparatus; valves (electric controls for automatically operating -); valves (electronic controls for automatically operating -); valves (remote controls for automatically operating -); central heating programmers; fuel regulating apparatus; decompression chambers; differential switches; electric timers; igniting apparatus, electric, for igniting at a distance; electric control devices for energy management; electric thermostats; electrical controllers; electrical controlling devices; electric control valves; electric control devices for heating management; electrical control boards; electric fence controllers; electro-dynamic apparatus for the remote control of railway points; electro-dynamic apparatus for the remote control of signals; electronic cruise control apparatus; electronic variable speed units; electronic regulators; electronic controllers; electronic control units; energy control devices; energy regulators; infrared remote control apparatus; slatted blind controls [electric]; room thermostats; boiler control instruments; variable speed control apparatus; time regulating apparatus; electrical controls for irrigation sprinkler systems; level controllers [electrical apparatus]; temperature matrix regulators; temperature controlling apparatus for machines; temperature limiters for machines; temperature control apparatus [thermostats] for machines; mechanical room thermostats; pneumatic control apparatus; industrial process control software; process controllers [electric]; process controlling apparatus [electric]; process controlling apparatus [electronic]; process control units [electric]; programmable control apparatus; programmable timers; programmable controllers; programmable logic controllers; regulating apparatus, electric; robotic electrical control apparatus; stage lighting controls; numerical control apparatus; process control digital controllers; pressure regulators; seat controls; thermal cutoffs; thermal controls [thermostats]; heat regulating apparatus; thermal controls; valve operators [electric controls]; cooker control units; cruise controls for motor vehicles; water temperature regulators; electrical controls; temperature controllers apparatus for use in vehicle heating systems; thermostats for vehicle engines; temperature controllers apparatus for use in vehicle engines; temperature regulators for vehicle engines; thermostats for vehicles; temperature control apparatus [thermostats] for vehicles; titration controllers; thermostat control apparatus; thermostat controllers; thermostatically controlled valves; instruments for temperature control; temperature control apparatus [thermostats]; thermostats.
Group VI. Electrical circuits, circuit boards, cables and wires: power cables; electric components; electrical circuits and circuit boards; analogue circuits; multichip modules; multilayer printed wiring boards; large scale integrated circuits; electrical control circuits; circuits [electric or electronic]; electrical circuits; electronic chips; electronic circuit cards; electronic circuit boards; electronic circuits; electronic logic circuits; electronic control circuits; electrical circuit boards; neon light indicators for use in electrical circuits; focusing circuits; audio circuit boards; circuit boards provided with integrated circuits; hybrid circuits; hybrid integrated circuits; integrated electronic circuits; integrated circuits; integrated circuit memory cards for use in playing electronic musical instruments; smart cards; chips [integrated circuits]; integrated circuit modules; plugboards; flexible circuit boards; decision circuits; chipcards; microchips; microchip cards; microcontrollers; wafers for integrated circuits; programmable logic arrays; semiconductor chips; silicon chips; silicon chips [electronic components]; printed electronic circuits; printed circuit expansion boards; printed electrical circuits; printed circuits; thermosonic bonding apparatus; printed circuit boards; hard disk controllers; circuits for heavy current; thick film hybrid circuits; thick film hybrid integrated circuits; telecommunications circuit board units; blank integrated circuit cards [blank smart cards]; interface circuits for video cameras; controller circuit boards; control circuits; copper panels for circuit boards; printed circuit board contact probes; battery leads; winding wires [electricity]; electrified rails for mounting spot lights; electronic cables; connectors for electronic circuits; mineral insulated electric cables; sheaths for electric cables; cable boxes (electric -); cable identification markers for electric cables; electrical power extension cords; connections for electric cables; cable channels (electric -); ducting for electric cables; male connectors for electrical cables; cable splices for electric cables; junction sleeves for electric cables; conduit for electric cables; electric cords; wires (electric -) of metal alloys; rubber covered electrical wires; sheaths for electrical wires; identification sheaths for electric wires; identification threads for electric wires; electrical wiring installations; junction boxes for electric wires; markers for electric wire; materials for electricity mains [wires, cables]; connections for electric lines; mounting cords [electrical]; cables for electrical signal transmission; power line protectors; electricity conduits; electrical resistance wire; enamelled electric wires; guitar cables; insulated electrical cables; insulated cable for electrical installations; electrical cables for use in connections; connecting electrical cables; connection cables; electrical cabling; cable covers [conduits]; cable connectors; joint boxes for housing cable joints; cable harnesses; heat resistant electric wires; strain relief cable glands; power line conditioners; electric wires; wire connectors [electricity]; fuse wire; magnetic wires; metallic cables [electric]; metallic wires [electric]; threaded cable connectors of metal; bare wires; cables for optical signal transmission; plastic coated wire [electric]; aerial cables for heavy currents; interface cables [electric]; telephone wire connection boxes; thermocouple sheaths; thermocouple cables; thermocouple wires; thermostat wires; ignition cables; jump leads; starter cables for motors; copper wire, insulated; resistance wires; tags for identifying electric cables; tags for identifying electric wires; apparatus, instruments and cables for electricity; electric cables; electric cables and wires.
Group VII. Apparatus and instruments for accumulating, storing and controlling electricity:
Apparatus and instruments for accumulating and storing electricity: apparatus and instruments for accumulating and storing electricity; electric power units; power-line transmission apparatus; mains power units (electric -); electricity mains apparatus; galena crystal detectors for use in electronics; uninterruptible power supply apparatus [battery]; uninterruptable power supply apparatus; piezoelectric igniters; regulated power supply apparatus; static grounding systems and apparatus; battery boxes; batteries for lighting; photovoltaics; photovoltaic apparatus and installations for generating solar electricity; car batteries; chargers for electric batteries; plates for batteries; solar batteries; rechargeable batteries; anode batteries; batteries; electric batteries for vehicles; battery adapters; battery jars; battery packs; battery separators; battery chargers; battery starters; batteries, electric; batteries for electric vehicles; electric batteries for powering electric vehicles; electric fence energisers; electrolysers [electrolytic cells]; electronic cigarette batteries; chargers for electronic cigarettes; grids for batteries; electricity storage apparatus; apparatus and instruments for accumulating electricity; flyback transformers; rechargeable cells; power banks; AC/DC power supplies; batteries for pocketlamps; batteries for use in hearing aids; fuel cells; fuel cell electrodes; lithium batteries; lithium ion batteries; power packs [batteries]; mains chargers; power units [batteries]; cell phone battery chargers; cell phone battery chargers for use in vehicles; mobile telephone batteries; battery charging devices for motor vehicles; push-on accumulators; nickel-cadmium storage batteries; charging appliances for rechargeable equipment; DC input power supplies; solar batteries for domestic use; rechargeable electric batteries; alkaline accumulators; solar batteries for industrial use; solar battery chargers; solar cells; dry-cell batteries; battery chargers for use with telephones; batteries for vehicles.
Apparatus and instruments for controlling electricity: apparatus and instruments for controlling electricity; battery booster cables; anti-interference devices [electricity]; voltage surge protectors; branch boxes [electricity]; branch switches; branch terminals; high-frequency switching power supplies; step-up transformers; high frequency switches; high frequency convertors; high-voltage power supplies; high voltage multipliers; high voltage reactors; high voltage transformers; autotransformers; fault voltage breakers; frequency invertors [electronic]; frequency transformers; electrical adapters; electrical circuit breakers; electric boosters; electric circuit interrupters; electronic load modules; electronic power controllers; electronic frequency converters for high velocity electro motors; electronic power supplies; electronic transformers; electrical frequency converters; electric power distribution machines; electrical power distribution blocks; inverters for power supply; electric power supply units; power adapters; power conditioning apparatus; power conditioners; electrical charge controllers; mains monitoring apparatus (electric -); mains transformers (electric -); apparatus and instruments for regulating electricity; switchgear [electric]; electrical distributors; electric current switches; apparatus and instruments for switching electricity; electric current rectifiers; apparatus and instruments for conducting electricity; electric current transformers; voltage regulators for electric power; electric voltage transformers; voltage stabilizing power supply; electric current control devices; transformers [electricity]; power transformers for amplification; tap changers for electric transformers; apparatus and instruments for transforming electricity; power dividers [electric]; power regulating apparatus; power distributors [electrical]; phase modifiers; power relays; power controllers; fault current breakers; impedance transformers; induction voltage regulators; inverters [electricity]; converters, electric; alternator rectifiers; comparators; voltage converters; voltage-to-current converters; voltage regulators; voltage regulators for vehicles; voltage stabilizers; voltage transformers; earthing apparatus; commutators; switching power supply apparatus; time switches, automatic; lift control panels; current rectifiers; rectifier tubes; rectifier modules; power packs [transformers]; power units [transformers]; miniature circuit breakers; direct current converters; piezoelectric switches; power sources connected to audio apparatus for use in motor vehicles; manual rectifiers; relays, electric; limiters [electricity]; rotary converters; dry-type transformers; stage lighting regulators; distribution transformers; electrical branch boxes; current convertors; current breakers; current transformers; static power convertors; apparatus for controlling static electricity; static voltage regulators; welding transformers; capacitive voltage transformers; shunt reactors; electric toy train transformers; electrical reducing transformers; photocells for use with security lighting; portable solar panels for generating electricity; photodiodes; photovoltaic modules; photovoltaic apparatus for converting solar radiation to electrical energy; photovoltaic inverters; photovoltaic installations for generating electricity [photovoltaic power plants]; photovoltaic cells; calibrated photovoltaic reference cells; solar panels; solar panels for the production of electricity; solar panel arrays; solar cells for electricity generation; solar energy collectors for electricity generation; photovoltaic solar modules; solar modules.
Group VIII. Scientific and laboratory devices for treatment using electricity: devices for treatment using electricity; electrostatic precipitators; ion implanters; ionization apparatus not for the treatment of air or water; ion beam supply apparatus; cathodic anti-corrosion apparatus; cathodic protection apparatus; ozonisers [ozonators]; ozonators [not for medical purposes]; vibration exciters; fluidized bed dryers.
Group IX. Measuring apparatus and devices: instruments for measuring milk quality parameters; oil-water level sensors; carbon dioxide detectors; carbon monoxide detectors; radiation dosemeters; radiation sensing apparatus; automatic indicators of low pressure in tyres; automatic solar tracking sensors; coolant-temperature sensors; apparatus for checking the authenticity of banknotes; bio-sensors; biochip sensors; nuclear detectors for detecting radiation particles; multiaxis directional detectors; detection apparatus; detectors; interfaces for detectors; humidity sensors; gas detecting apparatus; gas sensors; on-off sensors; instruments for detecting traffic; electric sensors; detectors for electric meters; electrochemical gas sensors; electronic sensors; electronic measurement sensors; electronic pressure sensors; electron capture detectors; electro-optical sensors; particle detecting apparatus; particle detectors; photoelectric sensors; photoionic detectors; apparatus to check franking; sound locating instruments; sensors for determining velocity; infrared detection apparatus; infrared sensors; infrared scanners; combustion gas detectors; maritime patrol radar; cable detectors; heat sensors; sensors used in plant control; voltage detectors; cable locators; shipboard radars and components; laser detectors; laser speed detectors; luminescence scanners; level sensors; magnetic detectors; magnetic sensors; magnetic flux sensors; magnetic metal detector monitors; magnetic object detectors; magnetic resistance sensors; mass flow sensors; measuring sensors; metal detectors; metal detectors for industrial or military purposes; sensors used in meteorology; microwave detectors [radar]; microwave sensing apparatus; minesweeping [detecting] apparatus; oxygen sensors, not for medical use; dummy sensors; counterfeit [false] coin detectors; distance sensors; leak detection apparatus; leak detectors; sensors used in oceanography; optical speed sensors; optical sensors; optical fibre sensors; air temperature sensors; egg-candlers; counterfeit money detecting apparatus; immersion probes; passive infrared detectors; pyroelectric infrared sensors; piezoelectric sensors; underwater acoustic detecting apparatus; sensors for determining position; filling level detectors; proximity sensors; radar apparatus; radar receivers with amplifiers; radar detectors; radar receivers; radar systems; radar displays; radon detectors; dewing sensors; electronical sensors for measuring solar radiation; seismic detectors; synchro sensors; scanning probes, other than for medical use; liquid level sensors; pressure transmitters; impact sensors; sonars; pressure sensors; brake pad wear sensors; sensors for use with machine tools; combination carbon monoxide and smoke detectors; oil level sensors; pollutant sensors; automatic indicators of low pressure in vehicle tires [tyres]; ultrasonic flaw detectors; ultrasonic detectors [non-medical]; diagnostic ultrasound apparatus, other than for medical use; ultrasonic sensors; ultrasonic object detectors for use on vehicles; ultrasonic wave type intruder sensors; thermal sensors [thermostats]; heat detecting apparatus; heat detectors; optical fibre temperature probes, other than for medical use; light sensors; stud detectors; vibration sensors for installation in wind mill housings; vibration sensors; vibration detectors; resistance temperature detectors; sensors for use in the control of engines; sensors for engines; rods for water diviners; water level detection apparatus; currency authentication apparatus and equipment; ignition spark detectors; ultraviolet detection apparatus; ultrasonic probes, other than for medical use; distance and dimension measuring instruments; aperture gauges; distance measuring apparatus; distance recording apparatus; altimeters; axle measuring apparatus; echo sounding devices; electrical tape jigs [measuring instruments]; electronic distance meters; electronic marking gauges; electronic sliding callipers; electronic scale rules; rangefinders for golf; sensors for measuring depth; sounding lines; sounding leads; odometers; instruments for measuring length; length measuring gauges; jigs [measuring instruments]; wire diameter measuring devices; lasers for measuring purposes; laser range finders; slide-rules; level gauging poles; measuring cables; measuring rulers; measuring tapes; dial gauge instruments; gauge rods; rulers [measuring instruments]; micrometers; portable gauging tapes; appliances for measuring the thickness of leather; apparatus for measuring the thickness of skins; tire tread depth gauges; steel rules for measuring; radio echo sounders; spherometers; dressmakers' measures; cross beam depth gauges; verniers; spring callipers; carpenters' rules; range finders; transits [for surveying]; precision measuring rules; tripods [for surveying machines]; ultrasonic thickness gauges; jump gauge rods; marking gauges [joinery]; pedometers; ultramicrometers; cyclometers; electricity measuring instruments; ammeters; electric flow meters; electric loss indicators; electric current meters; power meters; galvanometers; conductivity meters; millivolt meters; ohmmeters; oscillographs; wideband phase-angle voltmeters; digital multimeters; digital panel meters; current-meters; folding multimeters; capacitance meters; resistance measuring instruments; wattmeters; voltmeters; speed measuring instruments; accelerometers; bicycle speedometers; apparatus for measuring the speed of golf swing; speed indicators; sensors for measuring speed; speed meters; speed checking apparatus; speed checking apparatus for vehicles; radar guns for sporting events; tachometers; speed measuring apparatus for vehicles; time measuring instruments (not including clocks and watches); countdown timers; parking meters; chronographs [time recording apparatus]; chronographs for use as specialized time recording apparatus; electronic timing apparatus; electronic metronomes; electronic timing control instruments; automatic timers for use with beverage makers; time clocks [time recording devices]; time recording apparatus and instruments; time recording apparatus; mechanical egg timers; digital egg timers; egg timers [sandglasses]; vehicle parking meters; food timers; weighbridges; separation columns for weighing purposes; counter balance weights; scales; balance installations; letter scales for domestic use; electrical weighing apparatus; electrical scales; electronic scales; electronic weighing scales for personal use; electronic weighing scales for kitchen use; talking scales; checkweighers; baby scales; letter scales; letter scales for office use; portable digital electronic scales; postage scales; spring balances; weighing apparatus and instruments for standard unit; weighing scales for medical use; balances [steelyards]; weighing apparatus and instruments; precision balances; kitchen weighing scales; bathroom scales; temperature measuring instruments; temperature measuring apparatus for household use; decorative dials for thermostats; electronic thermometers, other than for medical use; mercury thermometers [other than for medical use]; infrared thermometers; infrared thermometers, not for medical purposes; quartz glass thermometers; laboratory thermometers; temperature measuring apparatus for scientific use; temperature meters for scientific use; meat thermometers; pyrometers; temperature measuring apparatus for industrial use; digital thermometers, other than for medical purposes; technical thermometers; temperature feedback units; temperature indicators; temperature sensors; thermometers; thermometers, not for medical purposes; candy thermometers; thermocouples; thermocouple blocks; thermocouple heads; heating meters; resistance oscillator thermometers; acid hydrometers; acidimeters for batteries; eye refractometers; actinometers; alcoholmeters; oil level indicators; analysis instruments for photogrammetric purposes; anemometers; antenna parameter measuring apparatus; apertometers [optics]; sight glasses [optical]; base plates for surveying purposes; separation columns for measuring purposes; hemline markers; high pressure manometers; autocollimators; timers for automatic apparatus; azimuth instruments; wavemeters; barometers; baroscopes; petrol gauges; bubble levels; cytometers; frequency meters; fuel gauges; fuel consumption measuring apparatus; densitometers; dynamometers; soil moisture meters; gauges for discomfort index; salinometers; gasometers [measuring instruments]; gas pressure indicators; gas flow meters; electromagnetic measuring detectors; electronic dynamometers; electronic photometers; electronic rain gauges; electronic meters; topographic apparatus [electronic]; electronic metering devices for faucets; electronic charts used to identify the hiding-power of paint; electrotechnical vibration meters; ergometers; phase angle meters; instruments for surveying physical data; fluorometers; photometric apparatus [other than for medical use]; photo potentiometers; gauge blocks; gamma counters; sound level meters; acoustic meters; geiger counters; surveying apparatus and instruments; surveying instruments; surveying poles; tripods for surveying apparatus; gyrometers; golf club gauges; goniometers; graduation checkers [calibration checkers]; gravimeters; borehole surveying apparatus; levels [instruments for determining the horizontal]; plumb levels; mercury levels; hygrometers; interferometers; insulation resistance meters; connected bracelets [measuring instruments]; japanese style box-shaped volume measure (masu); marine depth finders; calibrating apparatus; calibrating rings; calorimeters; square rulers for measuring; bevels [measuring apparatus]; instruments for measuring angles; quantity indicators; pocket scales; colorimeters; concentration meters; coordinate measuring instruments; cyrogenic turbine meters; fuel level indicator controls; fuel consumption meters; logs [measuring instruments]; wire gauges; audio timers; tool measuring instruments; stress gauges; timing apparatus; timing dials; lactodensimeters; laser scanning densitometers; laser measuring systems; rain gauges; level indicators; level indicators [spirit levels]; level measuring machines [for surveying]; level meters; magnetic compasses [for surveying]; magnetometers; manometers; manometer lines, other than for medical use; mass spectrometers; mass flow meters; measures; measuring apparatus; measuring apparatus and instruments; measuring glassware; set squares [measuring]; measuring instruments; measuring devices, electric; housings for measuring apparatus; measuring cups; measuring wheels; measuring stands; tonometers for measuring [not for medical purposes]; measuring tubes; measuring spoons; surveying chains; protractors [measuring instruments]; counters; gauges; gauges with digital readout; plane tables [surveying instruments]; metronomes; coin counting or sorting machines; fluid level measuring apparatus for use in motor vehicles; newton dynamometers; levelling rods [for surveying]; levelling staffs [surveying instruments]; surveyors' levels; slope indicators; remote reading fluid level indicators; remote control telemetering apparatus; optical measurement apparatus; optical measuring components; optical profilers; tyre-pressure measurers; pH electrodes; ph meters; acceleration sensors; piezoelectric vibratory gyroscopes; planimeters; panel meters; polarimeters; polyethylene measuring cups; underwater sonar surveying apparatus; timing devices for industrial processing apparatus; radiation-measuring instruments; radioactivity measuring apparatus; radioactivity measuring instruments; wheel balancing apparatus; wheel alignment measuring apparatus; reflectometers; tee squares [measuring]; rheometers; rotary gas meters; acidity meters; saccharometers; tire balancing machines for land vehicles; tire balancing units for land vehicles; seismographic apparatus; thermal energy measuring apparatus; transparency measuring apparatus; digital measuring apparatus; numerical counters; resolution wedges; apparatus for checking flight parameters; liquid dosage devices that measure the amounts to be dispensed; instruments for measuring levels of fluids; liquid level meters; pressure indicators; pressure measuring apparatus; pressure scales; pressure controllers [gauges]; shock calibrators; rate gyros; print counters; spectrophotometer; spectrometers; spectroscopes; spirometers for scientific use; grip size gauges; flowmeters; screw-tapping gauges; screw-thread measuring machines and instruments; threading gauges; stabilizing gyroscopes; glass graduated scales; hollow glass containers for measuring; thickness gauges; positive displacement meters; sulfitometers; plumb bobs; revolution counters; taximeters; feeler gauges; telemetry apparatus; telescopic measures with a digital read out; telescopic rules; theodolites; thermohydrometers; reference gauges; precision measuring apparatus; precision measuring rods; precision theodolites; topographic apparatus [electric]; topographic apparatus [optical]; totalizators [counting apparatus]; vehicle wheel alignment machines; vehicle dipsticks; illuminometers; luminoflux meters; wind measurement apparatus; viscosimeters; vibration gauges; shaft identification gauges; variometers; water meters; water level indicators; vacuum gauges; vacuum measuring instruments; universal timers; ultrasonic fluid measuring apparatus; ultrasonic measuring apparatus; volumetric measuring apparatus; contents gauges; turbine meters; noisemeters.
Group X. Monitoring instruments: data loggers and recorders; chart recorders; electrical recorders; electronic carbon dioxide recorders [other than for medical purposes]; electronic speed recorders; electronic heart rate recorders [other than for medical use]; electronic temperature recorders, other than for medical use; graphic recorders; kilometer recorders; kilometer recorders for vehicles; time and date stamping machines; time coding apparatus; trip counters; score recorders [electric]; score recorders [electronic]; pressure recorders; shock recorders; tachographs; temperature logging apparatus; instruments for recording heart activity [for scientific purposes]; oil change monitors; safety monitoring apparatus [electric]; temperature monitors for household use; temperature monitors [valves] for central heating radiators; particle emission monitors; particle flow monitors; inking monitors; oxygen monitors, not for medical purposes; gas flow monitors; dust emission monitors; instruments for monitoring traffic; electric motor checking [monitoring or supervision] apparatus; electronic carbon dioxide monitors [other than for medical purposes]; electronic temperature monitors, other than for medical use; voltage monitor modules; vapour monitoring apparatus for the detection of leaks; travel distance monitors; cryomonitors; respiratory monitors [non-medical]; flame monitors; ozone monitors, other than for medical use; tyre monitoring apparatus; temperature monitors for industrial use; monitoring units [electric]; process monitors; event recorders; liquid level monitoring apparatus; monitoring apparatus, electric; monitoring control apparatus [electric]; remote monitoring apparatus
Group XI. Sensors and detectors: active infra-red sensors; oil-water level sensors; carbon dioxide detectors; carbon monoxide detectors; radiation dosemeters; radiation sensing apparatus; automatic indicators of low pressure in tyres; automatic solar tracking sensors; coolant-temperature sensors; apparatus for checking the authenticity of banknotes; bio-sensors; biochip sensors; nuclear detectors for detecting radiation particles; multiaxis directional detectors; detection apparatus; detectors; interfaces for detectors; humidity sensors; gas detecting apparatus; gas sensors; on-off sensors; instruments for detecting traffic; electric sensors; detectors for electric meters; electrochemical gas sensors; electronic sensors; electronic pressure sensors; motion controllers; motion sensing input devices; electronic motion sensitive switches; electron capture detectors; electro-optical sensors; particle detecting apparatus; particle detectors; photoelectric sensors; photoionic detectors; apparatus to check franking; sound locating instruments; sensors for determining velocity; infrared detection apparatus; infrared sensors; infrared scanners; combustion gas detectors; maritime patrol radar; cable detectors; heat sensors; sensors used in plant control; voltage detectors; cable locators; shipboard radars and components; laser detectors; laser speed detectors; luminescence scanners; level sensors; magnetic detectors; magnetic sensors; magnetic flux sensors; magnetic metal detector monitors; magnetic object detectors; magnetic resistance sensors; mass flow sensors; measuring sensors; metal detectors; metal detectors for industrial or military purposes; sensors used in meteorology; microwave detectors [radar]; microwave sensing apparatus; minesweeping [detecting] apparatus; oxygen sensors, not for medical use; dummy sensors; counterfeit [false] coin detectors; distance sensors; leak detection apparatus; leak detectors; sensors used in oceanography; optical speed sensors; optical sensors; optical fibre sensors; air temperature sensors; egg-candlers; counterfeit money detecting apparatus; immersion probes; passive infrared detectors; pyroelectric infrared sensors; piezoelectric sensors; underwater acoustic detecting apparatus; filling level detectors; proximity sensors; radar apparatus; radar receivers with amplifiers; radar detectors; radar receivers; radar systems; radar displays; radon detectors; dewing sensors; electronical sensors for measuring solar radiation; seismic detectors; synchro sensors; scanning probes, other than for medical use; liquid level sensors; pressure transmitters; impact sensors; sonars; pressure sensors; brake pad wear sensors; sensors for use with machine tools; combination carbon monoxide and smoke detectors; oil level sensors; pollutant sensors; automatic indicators of low pressure in vehicle tires [tyres]; ultrasonic flaw detectors; ultrasonic detectors [non-medical]; diagnostic ultrasound apparatus, other than for medical use; ultrasonic sensors; ultrasonic object detectors for use on vehicles; ultrasonic wave type intruder sensors; thermal sensors [thermostats]; heat detecting apparatus; heat detectors; optical fibre temperature probes, other than for medical use; light sensors; stud detectors; vibration sensors for installation in wind mill housings; vibration sensors; vibration detectors; resistance temperature detectors; sensors for use in the control of engines; sensors for engines; rods for water diviners; water level detection apparatus; currency authentication apparatus and equipment; ignition spark detectors; ultraviolet detection apparatus; ultrasonic probes, other than for medical use; sensors for measuring depth; electric loss indicators; sensors for measuring speed; alcohol testing apparatus; antifreeze testers; resistance testing apparatus; crash test dummies; testers for axle clearance; testing apparatus for testing printed circuit boards; test pins for testing printed circuit boards; test adapters for testing printed circuit boards; testing probes, other than for medical purposes; testing apparatus not for medical purposes; concrete testing machines; cement testing machines; testers for concrete; gas testing instruments; diesel oil emission testers; diesel injector testers; smoke alarm testers; ductility testers; electrical test apparatus; electrical circuit testers; testing devices for electronic parts; electronic apparatus for testing the sterility of pharmaceuticals and injectable solutions; electronic apparatus for testing the sterility of medical equipment; electronic testing apparatus for use in the field of telecommunications; vacuum tube characteristic testers; testing apparatus for checking electronic devices; testing apparatus for electronic equipment; mains testers (Electric -); functional generators; power testers; audio testing apparatus; circuit testing instruments; bore testing instruments; hydraulic system testing units; test probe assemblies for integrated circuits; probes for testing integrated circuits; insulation testers; glow plug testers; computer component testing and calibrating equipment; meter testing apparatus; material testing instruments and machines; material testing apparatus; metal compression testing machines; metal hardness testing machines; instruments for testing metals; microhardness testers; voltage testers; voltage monitoring units; tension testers; earth testers; continuity testers; portable test apparatus; leak testing apparatus; optical disc testers; testing apparatus for checking optical devices; endurance testing machines; lumber testing machines; lumber testers; plastic testing machines; flatness testing apparatus; flatness testers; temperature sensitive testing apparatus for industrial use; semiconductor testing apparatus; generators (signal -); digital functional generators; in-flight testing equipment; test rigs for manometer adjustments; speedometer testers; brake testing apparatus; brake fluid testers; textile testing machines; textile testers; test leads; torsion testers; internal combustion engine testing apparatus; vacuum climatic testing apparatus; test trays; transistor testers; apparatus for testing vehicle transmissions; apparatus for testing vehicle brakes; battery testers; oscilloscopes; testing and quality control devices; monitoring instruments; load indicators; astrometric measuring apparatus and instruments; high frequency transducers; automatic altitude indicators; automatic dosage apparatus; job performance recorders; multichannel analyzers; load cells; dosage dispensers; flue gas analyzers; electrical phonomotors; electronic colour analyzers; electro-optic transducers; electric power analyzers; electricity indicators; phase indicators; fluorescence analyzers; instruments for analysing photographs; indication panels; force transducers; transducers; transducer energisers; computerized vehicle engine analyzers; switchboard indicating lamps; luminescence measuring devices; luminescence analyzers; logic probes; level switches; food analysis apparatus; measuring transducers; tyre matching apparatus; piezoelectrical transducers; rotary encoders; safe load indicating apparatus; sunshine recorders; numerical position indicating apparatus; digital indicators; liquid level switches; pressure transducers; pressure indicator plugs for valves; stroboscopes; torque transducers; heat sensing identification indicators; mechanisms for counter-operated apparatus; luminous indicators; wind socks for indicating wind direction; engine diagnostic apparatus; engine analyzers; currency recognition machines; image analyzers; ultrasonic transducers; photographic surveying instruments; checking (supervision) apparatus and instruments; linear transducers; thermosensitive temperature indicator strips; thermomagnetic cut-out devices; temperature indicator labels, not for medical purposes; measuring, detecting and monitoring instruments, indicators and controllers; sensors and detectors; motion sensor; measuring, counting, alignment and calibrating instruments.
Group XII. Magnets, magnetizers and demagnetizers: magnets, magnetizers and demagnetizers; decorative refrigerator magnets; electromagnets; electromagnetic coils; head demagnetisers; demagnetisers; lifting magnets; magnets; decorative magnets; magnets for industrial purposes; magnetic filters; magnetic wall stud finders; magnetic pens; magnetic badges; magnetic field generators, other than for medical use; magnetic coils; magnetic cores; magnetrons; permanent magnets; starter electromagnets; superconductive magnet apparatus; erasing magnets; fridge magnets.
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