OPPOSITION No B 2 732 678

Julianea, S.L., Maria de Pacheco, s/n, 45880 Corral de Almaguer, Spain (opponent), represented by A.A. Manzano Patentes & Marcas, S.L., Avda. Pedro Díez, 21 Duplicado 1º Oficina 9, 28019 Madrid, Spain (professional representative)

a g a i n s t

Angelo Arienzo, Piazzetta Arenella 7H, 80128 Napoli, Italy (applicant).

On 29/05/2017, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 732 678 is partially upheld, namely for the following contested goods:

Class 25: Clothing; Headgear; Hats; Roll necks [clothing]; Casualwear; Thermally insulated clothing; Christening robes; Loungewear; Ladies' clothing; Weather resistant outer clothing; Clothing for wear in judo practices; Clothing for wear in wrestling games; Work clothes; Girls' clothing; Tennis wear; Menswear; Clothing made of fur; Formalwear; Formal evening wear; Rainproof clothing; Cashmere clothing; Clothing of imitations of leather; Woolen clothing; Leather clothing; Plush clothing; Silk clothing; Knitted underwear; Baby bottoms; Japanese traditional clothing; Dresses; Suits; Ball gowns; Women's ceremonial dresses; Nurse dresses; Sports clothing [other than golf gloves]; Sportswear; Triathlon clothing; Baby tops; Motorists' clothing; Cyclists' clothing; Bridesmaids wear; Maternity clothing; Clothing for gymnastics; Leisurewear; Clothing for horse-riding [other than riding hats]; Dance clothing; Clothing for martial arts; Clothing for skiing; Skating outfits; Figure skating clothing; Clothing for fishermen; Boys' clothing; Surfwear; Children's wear; Articles of clothing for theatrical use; Woven clothing; Bandanas [neckerchiefs]; Plastic baby bibs; Cloth bibs for adult diners; Linen clothing; Gym suits; Waterproof outerclothing; Sailing wet weather clothing; Rainwear; Neckwear; Beach robes; Bathrobes; Robes; Jumper dresses; Leisure suits; Bridesmaid dresses; Dresses made from skins; Zoot suits; Dry suits; Folk costumes; Wedding dresses; Dinner suits; Evening wear; Teddies [undergarments]; Baby bodysuits; Snap crotch shirts for infants and toddlers; Boleros; Bomber jackets; Hunting boot bags; Bodies [clothing]; Leotards; Boas [necklets]; Boas; Maternity smocks; Blazers; Bikinis; Sweat-absorbent underwear; Underwear; Thermal underwear; Babies' undergarments; Disposable underwear; Long johns; Ladies' underwear; Maternity sleepwear; Nightwear; Bermuda shorts; Bibs, not of paper; Cloth bibs; Water socks; Bed socks; Tennis socks; Woollen socks; Socks and stockings; Japanese style socks (tabi); Sweat-absorbent socks; Anti-perspirant socks; Ankle socks; Slipper socks; Socks; Men's socks; Sweat-absorbent stockings; Stockings; Ballroom dancing shoes; Caftans; Waist cinchers; Bustles for obi-knots (obiage-shin); Corsets; Burnouses; Suspender belts for men; Braces for clothing [suspenders]; Bralettes; Boy shorts [underwear]; Boxer shorts; Combinations [clothing]; Jumper suits; Rompers; Pram suits; Unitards; Ballet suits; Shift dresses; Nighties; Lounging robes; Veils [clothing]; Athletic uniforms; Ladies' dresses; Tennis dresses; Tee-shirts; Bathwraps; Tops [clothing]; Mock turtlenecks; Tube tops; Crop tops; Costumes for use in children's dress up play; Trench coats; Tunics; Playsuits [clothing]; Running Suits; Women's suits; Skirt suits; Printed t-shirts; Short-sleeved or long-sleeved t-shirts; Petticoats; Basic upper garment of Korean traditional clothes [Jeogori]; Outerclothing; Outerclothing for men; Outerclothing for girls; Cashmere scarves; Shawls and stoles; Mufflers [clothing]; Overcoats; Korean topcoats [Durumagi]; Shawls and headscarves; Shawls [from tricot only]; Anglers' shoes; Shawls; Footmuffs, not electrically heated; Boot cuffs; Arm warmers [clothing]; Leg warmers; Handwarmers [clothing]; Neck tubes; Neck scarfs [mufflers]; Bib overalls for hunting; Saris; Sarongs; Shortalls; Bib tights; Salopettes; Brassieres; Moisture-wicking sports bras; Strapless bras; Sports bras; Adhesive bras; Bandeaux [clothing]; Pajamas (Am.); Pyjamas [from tricot only]; Baby doll pyjamas; Union suits; Polo shirts; Polo knit tops; Cuffs; Ponchos; Rain ponchos; Sunsuits; Pullovers; Crew neck sweaters; Long sleeve pullovers; Hooded pullovers; Tennis pullovers; Slipovers; Frock coats; Stocking suspenders; Sock suspenders; Furs [clothing]; Thongs; Petti-pants; Soccer bibs; American football bibs; Pelisses; Ski balaclavas; Bottoms [clothing]; Parkas; Bathing suit cover-ups; Coverups; Ear muffs [clothing]; Bowties; Moisture-wicking sports pants; Warm-up pants; Sports pants; Trousers for children; Lounge pants; Camouflage pants; Cargo pants; Khakis; Baselayer bottoms; Trousers of leather; Corduroy trousers; Golf pants, shirts and skirts; Waterproof trousers; Padded pants for athletic use; Dress pants; Stretch pants; Tracksuit bottoms; Sweatpants; Pajama bottoms; Yoga pants; Snowboard trousers; Ski trousers; Pirate pants; Gauchos; Snow pants; Nurse pants; Hunting pants; Short trousers; Casual trousers; Pedal pushers; Bloomers; Wind pants; Trews; Pantaloons; Trousers; Cycling shorts; Padded shorts for athletic use; Fleece shorts; Sweat shorts; Tennis shorts; Boardshorts; Rugby shorts; Golf shorts; Gym shorts; Boxing shorts; Swimming trunks; Bib shorts; Sliding shorts; Trunks; Shorts; Trousers shorts; Footless tights; Nappy pants [clothing]; Vests; Camiknickers; Negligees; Muumuus; Rash guards; Wet suits for surfing; Wetsuits for surface watersports; Wet suits for water-skiing; Wet suits for water-skiing and sub-aqua; Wet suits for windsurfing; Wet suits; Babies' pants [clothing]; Underpants; Pants; Snowboard mittens; Duffel coats; Puttees and gaiters; Skorts; Miniskirts; Baby bunting [clothing]; Eye masks; Sleep masks; Costumes; Morning coats; Shampoo capes; Pelerines; Cloaks; Fur cloaks; Cagoules; Mantles; Mittens; Maniples; Fur muffs; Muffs [clothing]; Polo sweaters; Turtleneck sweaters; Mock turtleneck sweaters; Guernseys; Sweaters; Warm-up tops; Sports jerseys and breeches for sports; Yoga shirts; Jogging tops; Cycling tops; Hooded tops; Short-sleeved T-shirts; Long-sleeved shirts; Undershirts; Hosiery; Sports jerseys; Sleeveless jerseys; Tracksuit tops; Running vests; Athletics vests; Baselayer tops; Padded shirts for athletic use; Maillots [hosiery]; Maternity lingerie; Liveries; V-neck sweaters; Football jerseys; Volleyball jerseys; Rugby tops; Lingerie; Leggings [trousers]; Replica football kits; Full-length kimonos (nagagi); Karate suits; Judo suits; Kimonos; Kilts; Jodhpurs; Jerseys [clothing]; Denim jeans; Foundation garments; Men's underwear; Garments for protecting clothing; Infant wear; Womens' outerclothing; Knitwear [clothing]; Fleeces; Motorcyclists' clothing of leather; Denims [clothing]; Weatherproof clothing; Paper clothing; Slipovers [clothing]; Ready-made clothing; Chefs' whites; Oilskins [clothing]; Raincoats; Gloves including those made of skin, hide or fur; Snowboard gloves; Wetsuit gloves; Gloves for cyclists; Camouflage gloves; Winter gloves; Knitted gloves; Ski gloves; Driving gloves; Motorcycle gloves; Riding gloves; Gloves with conductive fingertips that may be worn while using handheld electronic touch screen devices; Gloves [clothing]; Pantie-girdles; Girdles; Pinafores; Aprons [clothing]; Pleated skirts for formal kimonos (hakama); Culotte skirts; Nurse overalls; Overalls; Paper aprons; Plastic aprons; Tennis skirts; Golf skirts; Skirts; Blousons; Stuff jackets [clothing]; Shell jackets; Fishing vests; Down vests; Body warmers; Quilted vests; Leather waistcoats; Fleece vests; Hunting vests; Korean traditional women's waistcoats [Baeja]; Wind vests; Gilets; Snowboard jackets; Ski jackets; Car coats; Jackets being sports clothing; Quilted jackets [clothing]; Warm-up jackets; Sleeveless jackets; Suede jackets; Bushjackets; Reversible jackets; Camouflage jackets; Long jackets; Knit jackets; Denim jackets; Rainproof jackets; Down jackets; Polar fleece jackets; Fur jackets; Sheepskin jackets; Sweatjackets; Donkey jackets; Smoking jackets; Dinner jackets; Safari jackets; Fishermen's jackets; Motorcycle jackets; Riding jackets; Shirt-jacs; Men's and women's jackets, coats, trousers, vests; Bed jackets; Hunting jackets; Lumberjackets; Suit coats; Sleeved jackets; Light-reflecting jackets; Jackets [clothing]; Gaiters; Pop socks; Trouser socks; Knee-high stockings; Gabardines [clothing]; Gabardines; Scarfs; Headdresses [veils]; Head scarves; Neckerchiefs; Foulards [clothing articles]; Jacket liners; Waist strings for kimonos (koshihimo); Hooded sweatshirts; Sweat shirts; Silk scarves; Pocket squares; Kerchiefs [clothing]; Tennis sweatbands; Sweat bands for the wrist; Cummerbunds; Swaddling clothes; Sash bands for kimono (obi); Sweatbands; Wrist warmers; Bustle holder bands for obi (obiage); Maternity bands; Turtlenecks; Combative sports uniforms; Baseball uniforms; Desert boots; Panties; Tap pants; Crinolines; Ascots; Silk ties; Bolo ties; Cravats; Theatrical costumes; Costumes for use in role-playing games; Beach clothes; Masquerade costumes; Swim wear for gentlemen and ladies; Dance costumes; Bathing suits for men; Bathing costumes for women; Fitted swimming costumes with bra cups; Bathing suits; Halloween costumes; Bustiers; Corselets; Layettes [clothing]; Halter tops; Chemise tops; Bolo ties with precious metal tips; Shoulder wraps [clothing]; Sundresses; Camisoles; Motorcycle riding suits; Pantsuits; Shirts and slips; One-piece suits; Three piece suits [clothing]; Tutus; Evening suits; Sailor suits; Short sets [clothing]; Wind suits; Aikido suits; Chemises; Detachable collars; Neckbands; Detachable neckpieces for kimonos (haneri); Collars for dresses; Shoulder wraps; Collars; Woollen tights; Tights; Trouser straps; Money belts [clothing]; Wrap belts for kimonos (datemaki); Fabric belts [clothing]; Belts made out of cloth; Leather belts [clothing]; Belts made from imitation leather; Belts [clothing]; Waist belts; String fasteners for haori (haori-himo); Cheongsams (Chinese gowns); Chaps (clothing); Chasubles; Sports jackets; Cardigans; Hoods [clothing]; Cowls [clothing]; Heavy coats; Coats for women; Winter coats; Coats of denim; Fur coats and jackets; Leather jackets; Cotton coats; Coats for men; Evening coats; Pea coats; Coats; Party hats [clothing]; Paper hats for use as clothing items; Sports caps and hats; Paper hats [clothing]; Waterproof capes; Capes; Windproof clothing; Undershirts for kimonos (juban); Sports singlets; Undershirts for kimonos (koshimaki); Long sleeved vests; Vest tops; Camouflage vests; Tank tops; Bodices [lingerie]; Moisture-wicking sports shirts; Woven shirts; Sports shirts with short sleeves; Casual shirts; Shirts for suits; Dress shirts; Camouflage shirts; Knit shirts; Ramie shirts; Button-front aloha shirts; Aloha shirts; Tennis shirts; Fishing shirts; Japanese sleeping robes (nemaki); Hunting shirts; Collared shirts; Button down shirts; Windshirts; Mock turtleneck shirts; Turtleneck shirts; Open-necked shirts; Shirts; Gowns for doctors; Laboratory coats; Barber smocks; White coats for hospital use; Short-sleeve shirts; Blouses; Slacks; Golf trousers; Walking breeches; Bathing trunks; Breeches; Thermal socks; Footless socks; Sports socks; Caps [headwear]; Berets; Bobble hats; Caps with visors; Golf caps; Ski hats; Knitted caps; Sports caps; Fedoras; Garrison caps; Skull caps; Top hats; Fashion hats; Knot caps; Baseball caps; Chefs' hats; Rain hats; Sun hats; Beach hats; Paper hats for wear by chefs; Paper hats for wear by nurses; Woolly hats; Bonnets; Bonnets [headwear]; Bathing caps; Waterpolo caps; Shower caps; Headbands [clothing]; Earbands; Sports headgear [other than helmets]; Thermal headgear; Millinery; Flat caps; Peaked headwear; Fascinator hats; Bucket caps; Tams; Children's headwear; Leather headwear; Nightcaps; Sedge hats (suge-gasa); Small hats; Fur hats; Yashmaks; Yashmaghs; Sun visors [headwear]; Sun visors; Visors; Turbans; Toques [hats]; Tam o'shanters; Wimples; Boaters; Snoods [scarves]; Miters [hats]; Mantillas; Fezzes; Head sweatbands; Shoes; Dress shoes; Aqua shoes; Flat shoes; Gymnastic shoes; Bowling shoes; Football shoes; Mountaineering shoes; Canvas shoes; Rugby boots; Running shoes; Slip-on shoes; Volleyball shoes; Rainshoes; Dance shoes; Deck shoes; Walking shoes; Handball shoes; Golf footwear; Boxing shoes; Basketball sneakers; Baseball shoes; Training shoes; Tennis shoes; Athletic shoes; Hockey shoes; Casual footwear; Shoes for foot volleyball; High-heeled shoes; Ballet slippers; Infants' footwear; Bath shoes; Beach shoes; Galoshes; Footwear for women; Leather shoes; Sandals and beach shoes; Esparto shoes or sandals; Insoles [for shoes and boots]; Cycling shoes; Leisure shoes; Studs for football boots; Tap shoes; Cleats for attachment to sports shoes; Shoes with hook and pile fastening tapes; Bootees (woollen baby shoes); Ski and snowboard shoes.

2. European Union trade mark application No 15 358 501 is rejected for all the above goods. It may proceed for the remaining goods, namely the following:

Class 25: Cap peaks; hat frames [skeletons]; Dress shields; Collar protectors; Heelpieces for stockings; Shirt yokes; Gussets for bathing suits [parts of clothing]; Gussets for tights [parts of clothing]; Gussets for footlets [parts of clothing]; Gussets for stockings [parts of clothing]; Gussets for leotards [parts of clothing]; Gussets for underwear [parts of clothing]; Underarm gussets [parts of clothing]; Gussets [parts of clothing]; Ready-made linings [parts of clothing]; Rubber soles; Shoe soles; Heels; Stiffeners for shoes; Tongues for shoes and boots; parts of ski and snowboard shoes; Protective metal members for shoes and boots; Pullstraps for shoes and boots; Shoes soles for repair.

3. Each party bears its own costs.

REASONS:

The opponent filed an opposition against all the goods of European Union trade mark application No 15 358 501. The opposition is based on Spanish trade mark registration No 2 272 360 and European Union trade mark registration No 10 668 622 . The opponent invoked Article 8(1)(a) and (b) EUTMR.

LIKELIHOOD OF CONFUSION – ARTICLE 8(1)(b) EUTMR

A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings. Whether a likelihood of confusion exists depends on the appreciation in a global assessment of several factors, which are interdependent. These factors include the similarity of the signs, the similarity of the goods and services, the distinctiveness of the earlier mark, the distinctive and dominant elements of the conflicting signs and the relevant public.

The opposition is based on more than one earlier trade mark. The Opposition Division finds it appropriate to first examine the opposition in relation to the opponent’s Spanish trade mark registration No 2 272 360.

1. The goods

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

Class 25: Ready-made clothing for women, men and children; shoes (excluding orthopeadic shoes); headwear.

The contested goods are the following:

Class 25: Clothing; Headgear; Hats; Roll necks [clothing]; Casualwear; Thermally insulated clothing; Christening robes; Loungewear; Ladies' clothing; Weather resistant outer clothing; Clothing for wear in judo practices; Clothing for wear in wrestling games; Work clothes; Girls' clothing; riding hats]; Dance clothing; Clothing for martial arts; Clothing for skiing; Skating Tennis wear; Menswear; Clothing made of fur; Formalwear; Formal evening wear;; Leather clothing; Plush clothing; Silk clothing; Knitted underwear; Baby bottoms Rainproof clothing; Cashmere clothing; Clothing of imitations of leather; Woolen clothing; Japanese traditional clothing; Dresses; Suits; Ball gowns; Women's ceremonial dresses; Nurse dresses; Sports clothing [other than golf gloves]; Sportswear; Triathlon clothing; Baby tops; Motorists' clothing; Cyclists' clothing; Bridesmaids wear; Maternity clothing; Clothing for gymnastics; Leisurewear; Clothing for horse-riding [other than outfits; Figure skating clothing; Clothing for fishermen; Boys' clothing; Surfwear; Children's wear; Articles of clothing for theatrical use; Woven clothing; Bandanas [neckerchiefs]; Plastic baby bibs; Cloth bibs for adult diners; Linen clothing; Gym suits; Waterproof outerclothing; Sailing wet weather clothing; Rainwear; Neckwear; Beach robes; Bathrobes; Robes; Jumper dresses; Leisure suits; Bridesmaid dresses; Dresses made from skins; Zoot suits; Dry suits; Folk costumes; Wedding dresses; Dinner suits; Evening wear; Teddies [undergarments]; Baby bodysuits; Snap crotch shirts for infants and toddlers; Boleros; Bomber jackets; Hunting boot bags; Bodies [clothing]; Leotards; Boas [necklets]; Boas; Maternity smocks; Blazers; Bikinis; Sweat-absorbent underwear; Underwear; Thermal underwear; Babies' undergarments; Disposable underwear; Long johns; Ladies' underwear; Maternity sleepwear; Nightwear; Bermuda shorts; Bibs, not of paper; Cloth bibs; Water socks; Bed socks; Tennis socks; Woollen socks; Socks and stockings; Japanese style socks (tabi); Sweat-absorbent socks; Anti-perspirant socks; Ankle socks; Slipper socks; Socks; Men's socks; Sweat-absorbent stockings; Stockings; Ballroom dancing shoes; Caftans; Waist cinchers; Bustles for obi-knots (obiage-shin); Corsets; Burnouses; Suspender belts for men; Braces for clothing [suspenders]; Bralettes; Boy shorts [underwear]; Boxer shorts; Combinations [clothing]; Jumper suits; Rompers; Pram suits; Unitards; Ballet suits; Shift dresses; Nighties; Lounging robes; Veils [clothing]; Athletic uniforms; Ladies' dresses; Tennis dresses; Cap peaks; Tee-shirts; Bathwraps; Tops [clothing]; Mock turtlenecks; Tube tops; Crop tops; Costumes for use in children's dress up play; Trench coats; Tunics; Playsuits [clothing]; Running Suits; Women's suits; Skirt suits; Printed t-shirts; Short-sleeved or long-sleeved t-shirts; Petticoats; Dress shields; Basic upper garment of Korean traditional clothes [Jeogori]; Outerclothing; Outerclothing for men; Outerclothing for girls; Cashmere scarves; Collar protectors; Shawls and stoles; Mufflers [clothing]; Overcoats; Korean topcoats [Durumagi]; Shawls and headscarves; Shawls [from tricot only]; Anglers' shoes; Shawls; Footmuffs, not electrically heated; Boot cuffs; Arm warmers [clothing]; Leg warmers; Handwarmers [clothing]; Neck tubes; Neck scarfs [mufflers]; Bib overalls for hunting; Saris; Sarongs; Shortalls; Bib tights; Salopettes; Heelpieces for stockings; Brassieres; Moisture-wicking sports bras; Strapless bras; Sports bras; Adhesive bras; Bandeaux [clothing]; Pajamas (Am.); Pyjamas [from tricot only]; Baby doll pyjamas; Union suits; Polo shirts; Polo knit tops; Cuffs; Ponchos; Rain ponchos; Sunsuits; Pullovers; Crew neck sweaters; Long sleeve pullovers; Hooded pullovers; Tennis pullovers; Slipovers; Frock coats; Stocking suspenders; Sock suspenders; Furs [clothing]; Thongs; Shirt yokes; Petti-pants; Soccer bibs; American football bibs; Pelisses; Ski balaclavas; Bottoms [clothing]; Parkas; Bathing suit cover-ups; Coverups; Ear muffs [clothing]; Bowties; Moisture-wicking sports pants; Warm-up pants; Sports pants; Trousers for children; Lounge pants; Camouflage pants; Cargo pants; Khakis; Baselayer bottoms; Trousers of leather; Corduroy trousers; Golf pants, shirts and skirts; Waterproof trousers; Padded pants for athletic use; Dress pants; Stretch pants; Tracksuit bottoms; Sweatpants; Pajama bottoms; Yoga pants; Snowboard trousers; Ski trousers; Pirate pants; Gauchos; Snow pants; Nurse pants; Hunting pants; Short trousers; Casual trousers; Pedal pushers; Bloomers; Wind pants; Trews; Pantaloons; Trousers; Cycling shorts; Padded shorts for athletic use; Fleece shorts; Sweat shorts; Tennis shorts; Boardshorts; Rugby shorts; Golf shorts; Gym shorts; Boxing shorts; Swimming trunks; Bib shorts; Sliding shorts; Trunks; Shorts; Trousers shorts; Footless tights; Nappy pants [clothing]; Vests; Camiknickers; Negligees; Muumuus; Rash guards; Wet suits for surfing; Wetsuits for surface watersports; Wet suits for water-skiing; Wet suits for water-skiing and sub-aqua; Wet suits for windsurfing; Wet suits; Babies' pants [clothing]; Underpants; Pants; Snowboard mittens; Duffel coats; Puttees and gaiters; Skorts; Miniskirts; Baby bunting [clothing]; Eye masks; Sleep masks; Costumes; Morning coats; Shampoo capes; Pelerines; Cloaks; Fur cloaks; Cagoules; Mantles; Mittens; Maniples; Fur muffs; Muffs [clothing]; Polo sweaters; Turtleneck sweaters; Mock turtleneck sweaters; Guernseys; Sweaters; Warm-up tops; Sports jerseys and breeches for sports; Yoga shirts; Jogging tops; Cycling tops; Hooded tops; Short-sleeved T-shirts; Long-sleeved shirts; Undershirts; Hosiery; Sports jerseys; Sleeveless jerseys; Tracksuit tops; Running vests; Athletics vests; Baselayer tops; Padded shirts for athletic use; Maillots [hosiery]; Maternity lingerie; Liveries; V-neck sweaters; Football jerseys; Volleyball jerseys; Rugby tops; Lingerie; Leggings [trousers]; Replica football kits; Full-length kimonos (nagagi); Karate suits; Judo suits; Kimonos; Kilts; Jodhpurs; Jerseys [clothing]; Denim jeans; Foundation garments; Men's underwear; Garments for protecting clothing; Infant wear; Womens' outerclothing; Knitwear [clothing]; Fleeces; Motorcyclists' clothing of leather; Denims [clothing]; Weatherproof clothing; Paper clothing; Slipovers [clothing]; Ready-made clothing; Chefs' whites; Oilskins [clothing]; Raincoats; Gloves including those made of skin, hide or fur; Snowboard gloves; Wetsuit gloves; Gloves for cyclists; Camouflage gloves; Winter gloves; Knitted gloves; Ski gloves; Driving gloves; Motorcycle gloves; Riding gloves; Gloves with conductive fingertips that may be worn while using handheld electronic touch screen devices; Gloves [clothing]; Pantie-girdles; Girdles; Pinafores; Aprons [clothing]; Pleated skirts for formal kimonos (hakama); Culotte skirts; Nurse overalls; Overalls; Paper aprons; Plastic aprons; Tennis skirts; Golf skirts; Skirts; Blousons; Stuff jackets [clothing]; Shell jackets; Fishing vests; Down vests; Body warmers; Quilted vests; Leather waistcoats; Fleece vests; Hunting vests; Korean traditional women's waistcoats [Baeja]; Wind vests; Gilets; Snowboard jackets; Ski jackets; Car coats; Jackets being sports clothing; Quilted jackets [clothing]; Warm-up jackets; Sleeveless jackets; Suede jackets; Bushjackets; Reversible jackets; Camouflage jackets; Long jackets; Knit jackets; Denim jackets; Rainproof jackets; Down jackets; Polar fleece jackets; Fur jackets; Sheepskin jackets; Sweatjackets; Donkey jackets; Smoking jackets; Dinner jackets; Safari jackets; Fishermen's jackets; Motorcycle jackets; Riding jackets; Shirt-jacs; Men's and women's jackets, coats, trousers, vests; Bed jackets; Hunting jackets; Lumberjackets; Suit coats; Sleeved jackets; Light-reflecting jackets; Jackets [clothing]; Gaiters; Gussets for bathing suits [parts of clothing]; Gussets for tights [parts of clothing]; Gussets for footlets [parts of clothing]; Gussets for stockings [parts of clothing]; Gussets for leotards [parts of clothing]; Gussets for underwear [parts of clothing]; Underarm gussets [parts of clothing]; Gussets [parts of clothing]; Pop socks; Trouser socks; Knee-high stockings; Gabardines [clothing]; Gabardines; Scarfs; Headdresses [veils]; Head scarves; Neckerchiefs; Foulards [clothing articles]; Jacket liners; Ready-made linings [parts of clothing]; Waist strings for kimonos (koshihimo); Hooded sweatshirts; Sweat shirts; Silk scarves; Pocket squares; Kerchiefs [clothing]; Tennis sweatbands; Sweat bands for the wrist; Cummerbunds; Swaddling clothes; Sash bands for kimono (obi); Sweatbands; Wrist warmers; Bustle holder bands for obi (obiage); Maternity bands; Turtlenecks; Combative sports uniforms; Baseball uniforms; Desert boots; Panties; Tap pants; Crinolines; Ascots; Silk ties; Bolo ties; Cravats; Theatrical costumes; Costumes for use in role-playing games; Beach clothes; Masquerade costumes; Swim wear for gentlemen and ladies; Dance costumes; Bathing suits for men; Bathing costumes for women; Fitted swimming costumes with bra cups; Bathing suits; Halloween costumes; Bustiers; Corselets; Layettes [clothing]; Halter tops; Chemise tops; Bolo ties with precious metal tips; Shoulder wraps [clothing]; Sundresses; Camisoles; Motorcycle riding suits; Pantsuits; Shirts and slips; One-piece suits; Three piece suits [clothing]; Tutus; Evening suits; Sailor suits; Short sets [clothing]; Wind suits; Aikido suits; Chemises; Detachable collars; Neckbands; Detachable neckpieces for kimonos (haneri); Collars for dresses; Shoulder wraps; Collars; Woollen tights; Tights; Trouser straps; Money belts [clothing]; Wrap belts for kimonos (datemaki); Fabric belts [clothing]; Belts made out of cloth; Leather belts [clothing]; Belts made from imitation leather; Belts [clothing]; Waist belts; String fasteners for haori (haori-himo); Cheongsams (Chinese gowns); Chaps (clothing); Chasubles; Sports jackets; Cardigans; Hoods [clothing]; Cowls [clothing]; Heavy coats; Coats for women; Winter coats; Coats of denim; Fur coats and jackets; Leather jackets; Cotton coats; Coats for men; Evening coats; Pea coats; Coats; Party hats [clothing]; Paper hats for use as clothing items; Sports caps and hats; Paper hats [clothing]; Waterproof capes; Capes; Windproof clothing; Undershirts for kimonos (juban); Sports singlets; Undershirts for kimonos (koshimaki); Long sleeved vests; Vest tops; Camouflage vests; Tank tops; Bodices [lingerie]; Moisture-wicking sports shirts; Woven shirts; Sports shirts with short sleeves; Casual shirts; Shirts for suits; Dress shirts; Camouflage shirts; Knit shirts; Ramie shirts; Button-front aloha shirts; Aloha shirts; Tennis shirts; Fishing shirts; Japanese sleeping robes (nemaki); Hunting shirts; Collared shirts; Button down shirts; Windshirts; Mock turtleneck shirts; Turtleneck shirts; Open-necked shirts; Shirts; Gowns for doctors; Laboratory coats; Barber smocks; White coats for hospital use; Short-sleeve shirts; Blouses; Slacks; Golf trousers; Walking breeches; Bathing trunks; Breeches; Thermal socks; Footless socks; Sports socks; Caps [headwear]; Berets; Bobble hats; Caps with visors; Golf caps; Ski hats; Knitted caps; Sports caps; Fedoras; Garrison caps; Skull caps; Top hats; Fashion hats; Knot caps; Baseball caps; Chefs' hats; Rain hats; Sun hats; Beach hats; Paper hats for wear by chefs; Paper hats for wear by nurses; Woolly hats; Bonnets; Bonnets [headwear]; Bathing caps; Waterpolo caps; Shower caps; Headbands [clothing]; Earbands; Sports headgear [other than helmets]; Thermal headgear; Millinery; Flat caps; Hat frames [skeletons]; Peaked headwear; Fascinator hats; Bucket caps; Tams; Children's headwear; Leather headwear; Nightcaps; Sedge hats (suge-gasa); Small hats; Fur hats; Yashmaks; Yashmaghs; Sun visors [headwear]; Sun visors; Visors; Turbans; Toques [hats]; Tam o'shanters; Rubber soles; Wimples; Boaters; Snoods [scarves]; Miters [hats]; Mantillas; Fezzes; Head sweatbands; Shoes; Dress shoes; Aqua shoes; Flat shoes; Gymnastic shoes; Bowling shoes; Football shoes; Mountaineering shoes; Canvas shoes; Rugby boots; Running shoes; Slip-on shoes; Volleyball shoes; Shoe soles; Heels; Rainshoes; Dance shoes; Deck shoes; Walking shoes; Handball shoes; Stiffeners for shoes; Golf footwear; Boxing shoes; Basketball sneakers; Baseball shoes; Training shoes; Tennis shoes; Athletic shoes; Hockey shoes; Casual footwear; Shoes for foot volleyball; High-heeled shoes; Ballet slippers; Infants' footwear; Bath shoes; Beach shoes; Galoshes; Footwear for women; Leather shoes; Sandals and beach shoes; Esparto shoes or sandals; Insoles [for shoes and boots]; Cycling shoes; Leisure shoes; Tongues for shoes and boots; Studs for football boots; Tap shoes; Cleats for attachment to sports shoes; Shoes with hook and pile fastening tapes; Bootees (woollen baby shoes); Ski and snowboard shoes and parts thereof; Protective metal members for shoes and boots; Pullstraps for shoes and boots; Shoes soles for repair.

The relevant factors relating to the comparison of the goods or services include, inter alia, the nature and purpose of the goods or services, the distribution channels, the sales outlets, the producers, the method of use and whether they are in competition with each other or complementary to each other.

Contested goods in Class 25

The contested application covers a very wide range of clothing and other articles that are worn by consumers. Compared to the opponent’s ready-made clothing for women, men and children, these contested goods are at least similar because they have the same or similar nature, purpose and method of use. They can also coincide in the relevant consumer, retail outlets or can be complementary. These goods are:

Clothing; Roll necks [clothing]; Casualwear; Thermally insulated clothing; Christening robes; Loungewear; Ladies' clothing; Weather resistant outer clothing; Clothing for wear in judo practices; Clothing for wear in wrestling games; Work clothes; Girls' clothing; riding hats]; Dance clothing; Clothing for martial arts; Clothing for skiing; Skating Tennis wear; Menswear; Clothing made of fur; Formalwear; Formal evening wear;; Leather clothing; Plush clothing; Silk clothing; Knitted underwear; Baby bottoms Rainproof clothing; Cashmere clothing; Clothing of imitations of leather; Woolen clothing; Japanese traditional clothing; Dresses; Suits; Ball gowns; Women's ceremonial dresses; Nurse dresses; Sports clothing [other than golf gloves]; Sportswear; Triathlon clothing; Baby tops; Motorists' clothing; Cyclists' clothing; Bridesmaids wear; Maternity clothing; Clothing for gymnastics; Leisurewear; Clothing for horse-riding [other than outfits; Figure skating clothing; Clothing for fishermen; Boys' clothing; Surfwear; Children's wear; Articles of clothing for theatrical use; Woven clothing; Bandanas [neckerchiefs]; Plastic baby bibs; Cloth bibs for adult diners; Linen clothing; Gym suits; Waterproof outerclothing; Sailing wet weather clothing; Rainwear; Neckwear; Beach robes; Bathrobes; Robes; Jumper dresses; Leisure suits; Bridesmaid dresses; Dresses made from skins; Zoot suits; Dry suits; Folk costumes; Wedding dresses; Dinner suits; Evening wear; Teddies [undergarments]; Baby bodysuits; Snap crotch shirts for infants and toddlers; Boleros; Bomber jackets; Bodies [clothing]; Leotards; Boas [necklets]; Boas; Maternity smocks; Blazers; Bikinis; Sweat-absorbent underwear; Underwear; Thermal underwear; Babies' undergarments; Disposable underwear; Long johns; Ladies' underwear; Maternity sleepwear; Nightwear; Bermuda shorts; Bibs, not of paper; Cloth bibs; Water socks; Bed socks; Tennis socks; Woollen socks; Socks and stockings; Japanese style socks (tabi); Sweat-absorbent socks; Anti-perspirant socks; Ankle socks; Slipper socks; Socks; Men's socks; Sweat-absorbent stockings; Stockings; Ballroom dancing shoes; Caftans; Waist cinchers; Bustles for obi-knots (obiage-shin); Corsets; Burnouses; Suspender belts for men; Braces for clothing [suspenders]; Bralettes; Boy shorts [underwear]; Boxer shorts; Combinations [clothing]; Jumper suits; Rompers; Pram suits; Unitards; Ballet suits; Shift dresses; Nighties; Lounging robes; Veils [clothing]; Athletic uniforms; Ladies' dresses; Tennis dresses; Tee-shirts; Bathwraps; Tops [clothing]; Mock turtlenecks; Tube tops; Crop tops; Costumes for use in children's dress up play; Trench coats; Tunics; Playsuits [clothing]; Running Suits; Women's suits; Skirt suits; Printed t-shirts; Short-sleeved or long-sleeved t-shirts; Petticoats; Basic upper garment of Korean traditional clothes [Jeogori]; Outerclothing; Outerclothing for men; Outerclothing for girls; Cashmere scarves; Shawls and stoles; Mufflers [clothing]; Overcoats; Korean topcoats [Durumagi]; Shawls and headscarves; Shawls [from tricot only]; Shawls; Footmuffs, not electrically heated; Boot cuffs; Arm warmers [clothing]; Leg warmers; Handwarmers [clothing]; Neck tubes; Neck scarfs [mufflers]; Bib overalls for hunting; Saris; Sarongs; Shortalls; Bib tights; Salopettes; Brassieres; Moisture-wicking sports bras; Strapless bras; Sports bras; Adhesive bras; Bandeaux [clothing]; Pajamas (Am.); Pyjamas [from tricot only]; Baby doll pyjamas; Union suits; Polo shirts; Polo knit tops; Cuffs; Ponchos; Rain ponchos; Sunsuits; Pullovers; Crew neck sweaters; Long sleeve pullovers; Hooded pullovers; Tennis pullovers; Slipovers; Frock coats; Stocking suspenders; Sock suspenders; Furs [clothing]; Thongs; Petti-pants; Soccer bibs; American football bibs; Pelisses; Ski balaclavas; Bottoms [clothing]; Parkas; Bathing suit cover-ups; Coverups; Ear muffs [clothing]; Bowties; Moisture-wicking sports pants; Warm-up pants; Sports pants; Trousers for children; Lounge pants; Camouflage pants; Cargo pants; Khakis; Baselayer bottoms; Trousers of leather; Corduroy trousers; Golf pants, shirts and skirts; Waterproof trousers; Padded pants for athletic use; Dress pants; Stretch pants; Tracksuit bottoms; Sweatpants; Pajama bottoms; Yoga pants; Snowboard trousers; Ski trousers; Pirate pants; Gauchos; Snow pants; Nurse pants; Hunting pants; Short trousers; Casual trousers; Pedal pushers; Bloomers; Wind pants; Trews; Pantaloons; Trousers; Cycling shorts; Padded shorts for athletic use; Fleece shorts; Sweat shorts; Tennis shorts; Boardshorts; Rugby shorts; Golf shorts; Gym shorts; Boxing shorts; Swimming trunks; Bib shorts; Sliding shorts; Trunks; Shorts; Trousers shorts; Footless tights; Nappy pants [clothing]; Vests; Camiknickers; Negligees; Muumuus; Rash guards; Wet suits for surfing; Wetsuits for surface watersports; Wet suits for water-skiing; Wet suits for water-skiing and sub-aqua; Wet suits for windsurfing; Wet suits; Babies' pants [clothing]; Underpants; Pants; Snowboard mittens; Duffel coats; Puttees and gaiters; Skorts; Miniskirts; Baby bunting [clothing]; Eye masks; Sleep masks; Costumes; Morning coats; Shampoo capes; Pelerines; Cloaks; Fur cloaks; Cagoules; Mantles; Mittens; Maniples; Fur muffs; Muffs [clothing]; Polo sweaters; Turtleneck sweaters; Mock turtleneck sweaters; Guernseys; Sweaters; Warm-up tops; Sports jerseys and breeches for sports; Yoga shirts; Jogging tops; Cycling tops; Hooded tops; Short-sleeved T-shirts; Long-sleeved shirts; Undershirts; Hosiery; Sports jerseys; Sleeveless jerseys; Tracksuit tops; Running vests; Athletics vests; Baselayer tops; Padded shirts for athletic use; Maillots [hosiery]; Maternity lingerie; Liveries; V-neck sweaters; Football jerseys; Volleyball jerseys; Rugby tops; Lingerie; Leggings [trousers]; Replica football kits; Full-length kimonos (nagagi); Karate suits; Judo suits; Kimonos; Kilts; Jodhpurs; Jerseys [clothing]; Denim jeans; Foundation garments; Men's underwear; Garments for protecting clothing; Infant wear; Womens' outerclothing; Knitwear [clothing]; Fleeces; Motorcyclists' clothing of leather; Denims [clothing]; Weatherproof clothing; Paper clothing; Slipovers [clothing]; Ready-made clothing; Chefs' whites; Oilskins [clothing]; Raincoats; Gloves including those made of skin, hide or fur; Snowboard gloves; Wetsuit gloves; Gloves for cyclists; Camouflage gloves; Winter gloves; Knitted gloves; Ski gloves; Driving gloves; Motorcycle gloves; Riding gloves; Gloves with conductive fingertips that may be worn while using handheld electronic touch screen devices; Gloves [clothing]; Pantie-girdles; Girdles; Pinafores; Aprons [clothing]; Pleated skirts for formal kimonos (hakama); Culotte skirts; Nurse overalls; Overalls; Paper aprons; Plastic aprons; Tennis skirts; Golf skirts; Skirts; Blousons; Stuff jackets [clothing]; Shell jackets; Fishing vests; Down vests; Body warmers; Quilted vests; Leather waistcoats; Fleece vests; Hunting vests; Korean traditional women's waistcoats [Baeja]; Wind vests; Gilets; Snowboard jackets; Ski jackets; Car coats; Jackets being sports clothing; Quilted jackets [clothing]; Warm-up jackets; Sleeveless jackets; Suede jackets; Bushjackets; Reversible jackets; Camouflage jackets; Long jackets; Knit jackets; Denim jackets; Rainproof jackets; Down jackets; Polar fleece jackets; Fur jackets; Sheepskin jackets; Sweatjackets; Donkey jackets; Smoking jackets; Dinner jackets; Safari jackets; Fishermen's jackets; Motorcycle jackets; Riding jackets; Shirt-jacs; Men's and women's jackets, coats, trousers, vests; Bed jackets; Hunting jackets; Lumberjackets; Suit coats; Sleeved jackets; Light-reflecting jackets; Jackets [clothing]; Gaiters; Pop socks; Trouser socks; Knee-high stockings; Gabardines [clothing]; Gabardines; Scarfs; Neckerchiefs; Foulards [clothing articles]; Jacket liners; Waist strings for kimonos (koshihimo); Hooded sweatshirts; Sweat shirts; Silk scarves; Pocket squares; Kerchiefs [clothing]; Tennis sweatbands; Sweat bands for the wrist; Cummerbunds; Swaddling clothes; Sash bands for kimono (obi); Sweatbands; Wrist warmers; Bustle holder bands for obi (obiage); Maternity bands; Turtlenecks; Combative sports uniforms; Baseball uniforms; Panties; Tap pants; Crinolines; Ascots; Silk ties; Bolo ties; Cravats; Theatrical costumes; Costumes for use in role-playing games; Beach clothes; Masquerade costumes; Swim wear for gentlemen and ladies; Dance costumes; Bathing suits for men; Bathing costumes for women; Fitted swimming costumes with bra cups; Bathing suits; Halloween costumes; Bustiers; Corselets; Layettes [clothing]; Halter tops; Chemise tops; Bolo ties with precious metal tips; Shoulder wraps [clothing]; Sundresses; Camisoles; Motorcycle riding suits; Pantsuits; Shirts and slips; One-piece suits; Three piece suits [clothing]; Tutus; Evening suits; Sailor suits; Short sets [clothing]; Wind suits; Aikido suits; Chemises; Detachable collars; Neckbands; Detachable neckpieces for kimonos (haneri); Collars for dresses; Shoulder wraps; Collars; Woollen tights; Tights; Trouser straps; Money belts [clothing]; Wrap belts for kimonos (datemaki); Fabric belts [clothing]; Belts made out of cloth; Leather belts [clothing]; Belts made from imitation leather; Belts [clothing]; Waist belts; String fasteners for haori (haori-himo); Cheongsams (Chinese gowns); Chaps (clothing); Chasubles; Sports jackets; Cardigans; Hoods [clothing]; Cowls [clothing]; Heavy coats; Coats for women; Winter coats; Coats of denim; Fur coats and jackets; Leather jackets; Cotton coats; Coats for men; Evening coats; Pea coats; Coats; Party hats [clothing]; Paper hats for use as clothing items; Paper hats [clothing]; Waterproof capes; Capes; Windproof clothing; Undershirts for kimonos (juban); Sports singlets; Undershirts for kimonos (koshimaki); Long sleeved vests; Vest tops; Camouflage vests; Tank tops; Bodices [lingerie]; Moisture-wicking sports shirts; Woven shirts; Sports shirts with short sleeves; Casual shirts; Shirts for suits; Dress shirts; Camouflage shirts; Knit shirts; Ramie shirts; Button-front aloha shirts; Aloha shirts; Tennis shirts; Fishing shirts; Japanese sleeping robes (nemaki); Hunting shirts; Collared shirts; Button down shirts; Windshirts; Mock turtleneck shirts; Turtleneck shirts; Open-necked shirts; Shirts; Gowns for doctors; Laboratory coats; Barber smocks; White coats for hospital use; Short-sleeve shirts; Blouses; Slacks; Golf trousers; Walking breeches; Bathing trunks; Breeches; Thermal socks; Footless socks; Sports socks; Headbands [clothing].

Furthermore, the contested application covers a wide range of footwear and accessories thereto. These goods are at least similar to the opponent’s shoes (excluding orthopeadic shoes) as they can coincide in producer, relevant consumer and distribution channels. Furthermore they can be complementary. These goods are:

Hunting boot bags; Anglers' shoes; Desert boots; Shoes; Dress shoes; Aqua shoes; Flat shoes; Gymnastic shoes; Bowling shoes; Football shoes; Mountaineering shoes; Canvas shoes; Rugby boots; Running shoes; Slip-on shoes; Volleyball shoes; Rainshoes; Dance shoes; Deck shoes; Walking shoes; Handball shoes; Golf footwear; Boxing shoes; Basketball sneakers; Baseball shoes; Training shoes; Tennis shoes; Athletic shoes; Hockey shoes; Casual footwear; Shoes for foot volleyball; High-heeled shoes; Ballet slippers; Infants' footwear; Bath shoes; Beach shoes; Galoshes; Footwear for women; Leather shoes; Sandals and beach shoes; Esparto shoes or sandals; Insoles [for shoes and boots]; Cycling shoes; Leisure shoes; Studs for football boots; Tap shoes; Cleats for attachment to sports shoes; Shoes with hook and pile fastening tapes; Bootees (woollen baby shoes); Ski and snowboard shoes.

Moreover, the contested application covers a range of articles that are worn on the head. Compared to the opponent’s headwear, these contested goods are at least similar because they have the same or similar nature, purpose and method of use. They can also coincide in the relevant consumer and retail outlets and can be used in a complementary way. These goods are:

Headgear; Hats; Headdresses [veils]; Head scarves; Sports caps and hats; Caps [headwear]; Berets; Bobble hats; Caps with visors; Golf caps; Ski hats; Knitted caps; Sports caps; Fedoras; Garrison caps; Skull caps; Top hats; Fashion hats; Knot caps; Baseball caps; Chefs' hats; Rain hats; Sun hats; Beach hats; Paper hats for wear by chefs; Paper hats for wear by nurses; Woolly hats; Bonnets; Bonnets [headwear]; Bathing caps; Waterpolo caps; Shower caps; Earbands; Sports headgear [other than helmets]; Thermal headgear; Millinery; Flat caps; Peaked headwear; Fascinator hats; Bucket caps; Tams; Children's headwear; Leather headwear; Nightcaps; Sedge hats (suge-gasa); Small hats; Fur hats; Yashmaks; Yashmaghs; Sun visors [headwear]; Sun visors; Visors; Turbans; Toques [hats]; Tam o'shanters; Wimples; Boaters; Snoods [scarves]; Miters [hats]; Mantillas; Fezzes; Head sweatbands;

The contested cap peaks are parts of caps used by manufacturers when producing caps. The contested hat frames [skeletons] are specialised articles used for hat making. All these contested goods are dissimilar to the opponent‘s headwear and, a fortiori, ready-made clothing for women, men and children; shoes (excluding orthopeadic shoes). They have a different nature, purpose and method of use. They are neither in competition nor complementary from the consumers point of view. Moreover, the usual commercial origin of the goods, their distribution channels and sales outlets are normally different.

The contested Dress shields; Collar protectors; Heelpieces for stockings; Shirt yokes; Gussets for bathing suits [parts of clothing]; Gussets for tights [parts of clothing]; Gussets for footlets [parts of clothing]; Gussets for stockings [parts of clothing]; Gussets for leotards [parts of clothing]; Gussets for underwear [parts of clothing]; Underarm gussets [parts of clothing]; Gussets [parts of clothing]; Ready-made linings [parts of clothing] are parts of clothing used mainly by businesses when producing or repairing clothes. All these contested goods are dissimilar to the opponent‘s ready-made clothing for women, men and children and, a fortiori, shoes (excluding orthopeadic shoes); headwear. They have a different nature, purpose and method of use. They are neither in competition nor complementary from the consumers point of view. Moreover, the usual commercial origin of the goods, their distribution channels and sales outlets are normally different.

Similarly, the contested Rubber soles; Shoe soles; Heels; Stiffeners for shoes; Tongues for shoes and boots; parts thereof [of ski and snowboard shoes]; Protective metal members for shoes and boots; Pullstraps for shoes and boots; Shoes soles for repair are parts of shoes used mainly by businesses when producing or repairing footwear. All these contested goods are dissimilar to the opponent‘s shoes (excluding orthopeadic shoes) and, a fortiori, ready-made clothing for women, men and children; headwear. They have a different nature, purpose and method of use. They are neither in competition nor complementary from the consumers point of view. Moreover, the usual commercial origin of the goods, their distribution channels and sales outlets are normally different.

2. Relevant public — degree of attention

The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. It should also be borne in mind that the average consumer’s degree of attention is likely to vary according to the category of goods or services in question.

In the present case, the goods found to be at least similar are directed either at the public at large or at business customers. The degree of attention will be average for common clothing, footwear or headgear (such as printed t-shirts) and high for specialised goods (such as various types of sports articles or formal wear, such as formal evening wear) that can be expensive and are bought quite rarely.

3. The signs

Earlier trade mark	Contested sign

The relevant territory is Spain.

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 element ‘REVER’ of the earlier mark and the element ‘RÊVER’ of the contested sign will be associated by the relevant Spanish public with the concept of ‘reverso‘ meaning ‘back, other side, reverse‘. This concept is reinforced by the fact that the second letter ‘R‘ in ‘REVER’/‘RÊVER’ is actually reversed. As the elements ‘REVER’ and ‘RÊVER’ are not descriptive, allusive or otherwise weak for the relevant goods, they are distinctive.

The element ‘MILE’ of the earlier mark has no meaning for the relevant public and is, therefore, distinctive.

The stylised element composed of two letters ‘R’ forming a downward pointing arrow in the contested sign is not descriptive, allusive or otherwise weak for the relevant goods and is, therefore, distinctive.

The element ‘PARIS’ of the contested sign will be perceived as the name of the capital of France, which is known to the Spanish public as one of the world centres of fashion industry. Bearing in mind that the relevant goods in Class 25 are all in essence fashion articles, this element is non-distinctive for all the contested goods.

The stylised element composed of two letters ‘R’ and the element ‘RÊVER’ in the contested sign are the dominant elements as they are the most eye-catching.

Visually, the signs coincide in the sequence of letters ‘REVER’ (with the exception of the small accent above the first letter ‘E’ in the contested sign) included in both marks. This sequence of letters clearly forms a separate element within the contested sign. As far as the earlier mark is concerned, this sequence of letters will also be perceived as a separate element. This is because the letters are slightly bigger than the letters in which the remaining element ‘MILE’ is written, the letters ‘REVER’ are visually detached from ‘MILE’ by a different background and most of all, the second letter ‘R’ of ‘REVER’ is reversed which visually separates the two elements in question.

There is a further visual similarity between the marks in that the second letter ‘R’ of ‘REVER’/‘RÊVER’ is reversed. This particular visual similarity is emphasised by the stylised element composed of two letters ‘R’ in the contested sign where the second ‘R’ is also reversed.

On the other hand, the marks differ in the element ‘MILE’ of the earlier mark and the stylised element composed of two letters ‘R’, the accent above the first letter ‘E’ and the very small and non-distinctive element ‘PARIS’ in the contested sign. The marks also differ in the stylisation of the script and in their overall structure.

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

Aurally, the pronunciation of the signs coincides in the sound of the letters ‛REVER’, present identically in both signs. The pronunciation differs in the sound of the letters ‛MILE’ of the earlier sign, which have no counterparts in the contested mark. The double letter ‘R’ and the small and non-distinctive element ‘PARIS’ in the contested sign are not likely to be pronounced where referring aurally to the sign.

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

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 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.

4. Distinctiveness of the earlier mark

The distinctiveness of the earlier mark is one of the factors to be taken into account in the global assessment of likelihood of confusion.

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

Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. In the present case, the earlier trade mark as a whole has no meaning for any of the goods in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal.

5. Global assessment, other arguments and conclusion

The goods have been found partially similar (at least) and partially dissimilar. The earlier trade mark’s degree of distinctiveness is average and the degree of attention of the public will be between average and high.

The Opposition Division considers that despite the individual differences between the marks, on the whole they are sufficiently similar for the public to confuse the commercial origin of the relevant goods. The marks coincide in the distinctive element ‘REVER’/‘RÊVER’ (with the exception of the small accent above the first letter ‘E’ in the contested sign) which causes a considerable visual, aural and conceptual similarity between the marks. There is a further visual similarity due to the use of the reversed ‘R’ in both marks.

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 or services that it designates (23/10/2002, T‑104/01, Fifties, EU:T:2002:262, § 49).

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the public and therefore the opposition is partly well founded on the basis of the opponent’s Spanish trade mark registration No 2 272 360.

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

The rest of the contested goods are dissimilar. As identity/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.

For the sake of completeness, it must be mentioned that the opposition must also fail insofar as based on grounds under Article 8(1)(a) EUTMR and directed against the remaining goods because the signs and the goods are obviously not identical.

6. Earlier EUTM No 10 668 622

The opponent has also based its opposition on the earlier EUTM No 10 668 622 covering the following goods:

Class 18: Leather and imitations of leather, and goods made of these materials and not included in other classes; Animal skins, hides; Trunks and travelling bags; Umbrellas and parasols; Walking sticks; Whips, harness and saddlery.

Class 25: Ready-made clothing for women, men and children, headgear.

Class 35: Retailing and wholesaling in shops and via global computer networks of ready-made clothing for women, men and children, headgear, goods of leather or imitations of leather, handbags, bags, backpacks, wallets, pocket wallets, card cases, purses, travelling bags, umbrellas.

The remaining contested goods are the following:

Class 25: Cap peaks; hat frames [skeletons]; Dress shields; Collar protectors; Heelpieces for stockings; Shirt yokes; Gussets for bathing suits [parts of clothing]; Gussets for tights [parts of clothing]; Gussets for footlets [parts of clothing]; Gussets for stockings [parts of clothing]; Gussets for leotards [parts of clothing]; Gussets for underwear [parts of clothing]; Underarm gussets [parts of clothing]; Gussets [parts of clothing]; Ready-made linings [parts of clothing]; Rubber soles; Shoe soles; Heels; Stiffeners for shoes; Tongues for shoes and boots; parts thereof [of ski and snowboard shoes]; Protective metal members for shoes and boots; Pullstraps for shoes and boots; Shoes soles for repair

The earlier EUTM No 10 668 622 covers a narrower scope of goods in Class 25 than the earlier Spanish trade mark which means that all the remaining contested goods must necessarily be considered dissimilar to the goods in Class 25 of the earlier EUTM No 10 668 622.

As to the opponent’s goods in Class 18, the remaining contested goods are dissimilar to them. They have a different nature, purpose and method of use. They are neither in competition nor complementary. Moreover, the usual commercial origin of the goods, their distribution channels and sales outlets are normally different. The fact that some of the contested goods, such as tongues for shoes and boots in Class 25, can be made of the opponent’s leather and imitations of leather in Class 18 as a raw material is not sufficient for the finding of similarity. This is because the degree of transformation of the raw material into the final product (tongues) is quite high.

Regarding the comparison between the remaining contested goods in Class 25 and the opponent’s retail and wholesale services in Class 35, in principle there may be a degree of similarity only when the goods are the same (i.e. specific goods vs. retail/wholesale of the same specific goods). However, such prerequisite is not fulfilled in the present case because none of the goods subject to the opponent’s retail and wholesale services in Class 35 is identical to the remaining contested goods in Class 25. For most of the goods, this is obvious from the list of the relevant goods and services as such. Concerning retailing and wholesaling in shops and via global computer networks of … goods of leather or imitations of leather, the Opposition Division considers that the indication of the goods concerned as goods of leather or imitations of leather is so vague that it is not possible to sufficiently identify the natural meaning of these goods. It can be any product made of leather or imitations of leather as a raw material but it is impossible to determine its nature, purpose of use, sales channels etc. Consequently, although some of the contested goods in Class 25 are goods that can be made of leather or imitations of leather (e.g. tongues for shoes and boots), no identity can be found between these specific goods in Class 25 and the opponent’s vague indication goods of leather or imitations of leather. To conclude, all the remaining contested goods in Class 25 are dissimilar to the opponent’s services in Class 35 because none of the criteria of similarity apply.

It follows from the above that the earlier EUTM No 10 668 622 covers goods and services which are clearly dissimilar to the remaining contested goods. Therefore, the outcome cannot be different with respect to goods for which the opposition has already been rejected; no likelihood of confusion exists with respect to those goods.

For the sake of completeness, it must be mentioned that the opposition must also fail insofar as based on grounds under Article 8(1)(a) EUTMR and directed against the remaining goods because the goods are obviously not identical.

COSTS

According to Article 85(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 85(2) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division will decide a different apportionment of costs.

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

The Opposition Division

María del Carmen SUCH SÁNCHEZ

Vít MAHELKA

Lucinda CARNEY

According to Article 59 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720 has been paid.