OPPOSITION No B 2 783 267

OPPOSITION DIVISION

OPPOSITION No B 2 783 267

Grupo Osborne S.A., Calle Fernán Caballero, 7, 11500 El Puerto de Santa María (Cádiz), Spain (opponent), represented by Aguilar I Revenga, Consell de Cent, 415 5° 1ª, 08009 Barcelona, Spain (professional representative)

a g a i n s t

Paul H.J.Roncken, Fügnerovo nám. 3, 12000 Prague 2, Czech Republic (applicant), represented by Vladimíra Pajerová, Fügnerovo náměstí 3, 120 00 Prague, Czech Republic (professional representative).

On 21/08/2017, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 783 267 is partially upheld, namely for the following contested goods:

Class 8: Food preparation implements, kitchen knives and cutlery; hygienic and beauty implements for humans and animals; hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance; lifting tools; carving knives; non-electric ice crushers; filleting knives; japanese chopping kitchen knives; disposable tableware [cutlery] made of plastics; cutlery; japanese style earthenware mortars [suribachi]; canteens of cutlery; canteens of cutlery made of precious metal; ceramic knives; sugar tongs; bread tongs; barbecue tongs; ice tongs; meat tongs; vegetable tongs; boxes adapted for cutlery; bread slicers [hand-operated]; bagel slicers [knives]; french fry cutters; pizza slicers; pizza cutters, non-electric; hand operated food dicers; cheese slicers; spoons for tea; pasta cutters (hand operated -); egg slicers; egg slicers, non-electric; vegetable choppers; vegetable slicers (hand-operated -); mandolins for slicing vegetables; cheese slicers [hand-operated]; hand-operated slicers; chef knives; kitchen knives; kitchen knives (non-electric -); paring knives; fish slicing kitchen knives; thin-bladed kitchen knives; scissors for kitchen use; sugar scoops; bulk sugar scoops; fish scoops; bulk rice scoops; nutcrackers; nutcrackers of precious metal; nutcrackers not of precious metal; ladles for wine; spoons made of precious metal; pasta serving forks; ladles [hand tools]; rice scoops; non-electric garlic cutters; cheese slicers, non-electric; non-electric mincers; can openers, non-electric; non-electric pasta makers for domestic use; non-electric garlic peelers; household knives; bread knives [hand operated]; grapefruit trimmers; peeling knives; fruit knives; cake cutters; fish slices; cherry pitters; can tab puller; strawberry hullers; oyster openers; butter curlers; fruit muddlers; pestles for pounding; table forks; silver plate [knives, forks and spoons]; cutlery for use by babies; cutlery for use by children; cutlery of precious metals; carving knives (hand operated -) for household use; hand-operated tools for shaving ice; hand operated tool for making shaved ice; implements (hand operated -) for cracking lobsters; mincing knives [hand tools]; hand-operated choppers; hand-operated food processors; hand-operated vegetable shredders; meat choppers [cleavers]; fishing knives; vegetable choppers (hand-operated -); serving tongs; serving spoons; serving ladles; serving knives; serving forks; potato peelers [hand implements]; potato peelers [knives]; zesters; scaling knives; non-electric fruit peelers; fish scalers; non-electric vegetable peelers; vegetable spiralizer; stainless steel table spoons; sterling silver table spoons; table knives; stainless steel table knives; sterling silver table knives; table cutlery [knives, forks and spoons]; stainless steel table forks; sterling silver table forks; implements for decanting liquids [hand tools]; souvenir collector spoons; forks; carving forks; forks and spoons; barbecue forks; forks made of precious metal; apple corers; vegetable corers; vegetable corers (hand-operated -); choppers [knives]; vegetable peelers [hand operated knives]; spatulas [hand tools]; manicure and pedicure tools; hair cutting and removal implements; body art tools; hair styling appliances; scissor holders; electric steam irons; electric irons; electric hair straightening irons; electric irons for styling hair; temperature controlled electric flat irons; eyelash separators; eyelash curlers; pedicure implements; scissors; shear blades; shears [hand operated tools]; cuticle scissors; trimming knives; tweezers; farriers' knives; hand-pumped sprayers; sprays [hand-operated tools]; manual clippers; clippers for personal use [electric and non electric]; stripping knives; knife holders; scissors for children; working knives; rakes; rakes [hand tools]; golf course rakes; lawn rakes [hand-operated ones only]; lawn rakes [hand-operated tools]; bush hooks [hand tools]; hoop cutters [hand tools]; scythe rings; scythes (hand-operated -); sickles; picks [hand tools]; trimmers [hand operated tools]; hedge cutters [hand-operated tools]; trowels [gardening]; shovels [hand tools]; mattocks; weeding forks [hand tools]; fertilizer scoops; apparatus for destroying plant parasites, hand-operated; weeding tools [hand operated]; fruit pickers [hand tools]; electric fingernail polishers; electric animal nail grinders; electric pedicure sets; cuticle tweezers; needle files; nail clippers; nail clippers, electric or non-electric; nail nippers [hand tools]; nail nippers; nail polishers (non-electric -); nail buffers for use in manicure; fingernail polishers, electric or non-electric; nail skin treatment trimmers; non-electric fingernail polishers; manicure implements; manicure sets; emery boards; callus cutters; battery-powered animal nail grinders; cases for manicure instruments; nail files, non-electric; nail files, electric; emery files; nail scissors; pedicure sets; manicure sets, electric; palette knives; stirrers [hand tools]; sauna ladles; needle-threaders; non-electric soldering irons; knives; knives for hobby use; knives made of precious metal; instruments for punching tickets; wick trimmers [scissors]; fishing line cutters; string tensioning device for rackets [hand tools]; priming irons [hand tools]; paper shears; scissors for household use; thread snips; spool unwinders [hand-operated tools]; tool belts [holders]; tin openers (hand-operated -).

Class 18: Umbrellas and parasols; saddlery, whips and animal apparel; walking staffs; luggage, bags, wallets and other carriers; umbrellas; golf umbrellas; umbrellas for children; japanese oiled-paper umbrellas (janome-gasa); japanese paper umbrellas (karakasa); covers for parasols; rainproof parasols; umbrella covers; beach umbrellas [beach parasols]; bags for umbrellas; telescopic umbrellas; parasols; patio umbrellas; combination walking sticks and umbrellas; butts [parts of hides]; goldbeaters' skin; cattle skins; imitation leather; imitation leather sold in bulk; kid; chamois leather, other than for cleaning purposes; leather cloth; sheets of leather for use in manufacture; studs of leather; industrial packaging containers of leather; boxes made of leather; trimmings of leather for furniture; leather straps; girths of leather; furs sold in bulk; valves of leather; curried skins; leather and imitations of leather; leather for furniture; leather for shoes; leather for harnesses; leather sold in bulk; leatherboard; sheets of imitation leather for use in manufacture; coats for cats; coats for dogs; leggings for animals; leather leads; costumes for animals; harnesses; covers and wraps for animals; clothing for pets; collars for animals; collars for cats; collars for pets; dog shoes; dog clothing; dog collars; animal carriers [bags]; blankets for animals; dog leashes; pet leads; leads for animals; alpenstocks; walking cane handles; hiking poles; rattan canes; cane handles; walking stick seats; leather wallets; book bags; attache cases; briefcases and attache cases; briefbags; portfolio cases [briefcases]; backpacks; bags for climbers; hiking rucksacks; rucksacks on castors; small rucksacks; game bags [hunting accessories]; tool pouches, sold empty; courier bags; shoulder bags; travelling handbags; travel cases; traveling trunks; tie cases for travel; travelling sets; holdalls for sports clothing; travelling bags made of imitation leather; travel garment covers; travel luggage; portmanteaus; music cases; attache cases made of imitation leather; suitcase handles; ladies' handbags; clutches [purses]; purses; purses, not of precious metal; make-up boxes; towelling bags; japanese utility pouches (shingen-bukuro); handbags; clutch bags; handbags made of imitations leather; handbags made of leather; chain mesh purses; handbags, purses and wallets; gladstone bags; key bags; holders in the nature of cases for keys; key cases made of leather; cosmetic purses; vanity cases, not fitted; cosmetic bags sold empty; credit card holders made of leather; leather suitcases; leather cases; attache cases made of leather; tool bags of leather, empty; garment bags for travel made of leather; leather pouches; hat boxes of leather; shopping bags made of skin; leather credit card wallets; bags [envelopes, pouches] of leather, for packaging; leather wallets; bags made of leather; leather bags and wallets; hat boxes for travel; suitcases; trunks and suitcases; travel baggage; roller suitcases; small suitcases; business cases; cosmetic cases sold empty; bumbags; hipsacks; flight bags; overnight cases; overnight bags; valises; daypacks; small clutch purses; small bags for men; small purses; slouch handbags; vanity cases sold empty; waterproof bags; baby carriers worn on the body; baby backpacks; shopping bags; wheeled shopping bags; two-wheeled shopping bags; shopping bags with wheels attached; wallets including card holders; banknote holders; folio cases; carriers for suits, shirts and dresses; garment bags for travel; luggage covers; driving licence cases; wallets for attachment to belts; card wallets [leatherware]; wallets, not of precious metal; wallets; coin purses, not of precious metal; wrist mounted purses; wallets of precious metal; plastic luggage tags; knitted bags, not of precious metals; canvas shopping bags; canvas bags; beach bags; straps for luggage; slings for carrying infants; charm bags (omamori-ire); shaving bags sold empty; commutation-ticket holders; keycases; key cases of imitation leather; key-cases of leather and skins; tie cases; credit-card holders; credit card cases [wallets]; business card cases; credit card holders made of imitation leather; cases of imitation leather; card cases [notecases]; work bags; kori wicker trunks; flexible bags for garments; empty instrument cases for use by doctors; carrying cases for documents; gentlemen's handbags; carrying cases; carry-on bags; randsels [japanese school satchels]; hiking bags; bags for campers; handbag frames; purse frames; boxes of vulcanised fibre; back frames for carrying children; saddlebags; folding briefcases; sporrans; gym bags; sports packs; pouches; net bags for shopping; shoulder belts [straps] of leather; straps for handbags; school knapsacks; bags; bags for sports; boston bags; holdalls; traveling bags [leatherware]; souvenir bags; shoe bags; shoe bags for travel; roller bags; sling bags for carrying infants; tool bags [empty] for motor cycles; tool bags sold empty; tool bags, empty; garment carriers; nappy bags; bags for sports clothing; sling bags; roll bags; imitation leather bags; satchels; pouches for holding make-up, keys and other personal items; belt bags and hip bags; textile shopping bags; toiletry bags; wash bags (not fitted); haversacks; art portfolios [cases]; multi-purpose purses; all-purpose carrying bags; all-purpose athletic bags; pouch baby carriers; trunks [luggage]; evening handbags; luggage tags; luggage tags [leatherware]; wrist mounted carryall bags; weekend bags; luggage; pullmans; reusable shopping bags; coin holders.

Class 20: Furniture and furnishings; containers, and closures and holders therefor, non-metallic; animal housing and beds; displays, stands and signage, non-metallic; statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class; ladders and movable steps, non-metallic; door, gate and window fittings, non-metallic; fasteners, non-metallic; mooring buoys, non-metallic; valves, non-metallic; locks and keys, non-metallic; tree protectors [tubes] not of metal; non-mechanical reels, not of metal, for flexible hoses; tile spacers; handles of plastics materials for hollowware; holders for pennants; handles made of plastics for doors; wood tool handles; reels of wood for yarn, silk, cord; staves of wood; wood doorknobs; door stops of wood; wood knobs; clothes lines (props for -), of wood or plastics; wood broom handles; tap venting plugs of wood; wooden handles; wooden plant markers; drawer pulls of wood; wooden sticks for holding candy or ice cream; chain links of non-metallic materials; ambroid bars; bamboo; bamboo canes; yellow amber; tusks [raw or partly worked material]; stag antlers; cork bands; corozo; coral; coral [unworked or partly worked]; meerschaum; meerschaum [raw or partly worked material]; shells; raw mother of pearl; straw edgings; antlers; mother-of-pearl; mother-of-pearl, unworked or semi-worked; straw plaits; wicker; wood ribbon; rattan; reeds [raw or partly worked material]; rattan [unworked or partly worked material]; reeds [plaiting materials]; horn, unworked or semi-worked; onigaya hay [raw or partly worked material]; ivory; ivory, unworked or semi-worked; plaited straw, except matting; artificial horns; whalebones; whalebone, unworked or semi-worked; animal claws; animal hooves; animal bone [unworked or partly worked material]; animal horns; animal teeth; shells [unworked or partly worked material]; tortoiseshell imitation; tortoiseshells [unworked or partly worked material]; beds, bedding, mattresses, pillows and cushions; clothes hangers and clothes hooks; frames; indoor blinds, and fittings for curtains and indoor blinds; make-up mirrors for purses; shaving mirrors; locker mirrors; mirrors for use in powder compacts; tiles (mirror -) for fixing to walls; mirror tiles; printed mirrors; mirrors enhanced by electric lights; make-up mirrors for the home; mirrors [looking glasses not for carrying with]; mirrors [furniture]; silvered glass [mirrors]; mirror frames; hand-held mirrors [toilet mirrors]; cheval glasses; personal compact mirrors; wall mirrors; mouldings for mirrors; bathroom mirrors; make-up mirrors for travel use; mirrors (silvered glass); arbours [furniture]; ambroid plates; contour chairs; banking counters; banqueting chairs; barstools; cocktail units [furniture]; chests, not of metal; chests; chests for toys; tool chests, not of metal, empty; security cabinets; non-metal safety gates for babies, children, and pets; layette boxes [of wood or plastic]; buddhist family altars (butsudan); tea tables; upholstered furniture; upholstered convertible furniture; wall units [furniture]; furniture parts; bamboo blinds; bamboo curtains; metal venetian blinds [internal]; curtain runners; fittings for curtains; holders for use in the securing of window coverings; curtain holders, not of textile material; tie back hooks made of wood [curtain]; wooden blinds; horizontal slatted blinds [indoor] for doors; venetian blinds; horizontal venetian blinds [indoor] for windows; horizontal venetian blinds [indoor] for doors; curtain hooks; metal indoor window blinds; indoor blinds [roller]; pulleys of plastics for blinds; curtain rails; bead curtains; curtain hooks made of metal; metal interior roller blinds for guiding light; metal curtain rings; curtain embraces of metal for holding back curtains; curtain rings; non-metal curtain rings; slatted indoor blinds; tie back hooks of brass [curtain]; curtain rollers; non-metallic blinds [slatted] for internal use; brackets of (non-metallic -) for hanging window draperies; clamps (non-metallic -) for fixing pleated blinds; clamps (non-metallic -) for fixing insect screens; clamps (non-metallic -) for fixing blinds; window blinds made of wood [indoor]; slatted blind controls [non-electric]; bead curtains for decoration; polyvinyl chloride blinds [indoor]; tie back hooks made of plastics [curtain]; curtain hooks made of plastics; expanding rails of plastics for net curtains; plastic hardware for blinds; curtain embraces of plastics for holding back curtains; supports for fixing curtain poles; supports for supporting curtain poles; support rods for curtains; drapery hardware; curtain suspension fittings; thermal blinds [indoor]; blinds of reed, rattan or bamboo (sudare); slatted blind connectors; curtain tie-backs; woven timber blinds [furniture]; blind pulls of non-metallic materials; sun screens [slatted outdoor]; vertical blinds [indoor]; interior venetian blinds; slatted indoor blinds for windows; indoor window blinds [shades] [furniture]; sun screens [slatted indoor]; sun screens [indoor], not of metal or textile; indoor textile blinds; screens in the nature of blinds (indoor); louvre blinds [indoor]; blinds (slatted indoor -) for protection against light; window blinds [indoor]; curtain tracks; austrian blinds; blackout blinds [slatted, indoor]; blackout blinds [indoor]; curtain suspension devices; curtain drawing devices, other than electrically operated; rods for net curtains; curtain pins; wooden chests for the storage of toys; wooden bins; boxes of wood; wooden boxes for storing toys; wood planters; wooden boxes for industrial packaging purposes; wooden tubs [not bath tubs]; packaging containers made of wood; bottle casings of wood; portable boxes [containers] of wood; tool boxes (non-metallic -) [empty]; boxes of wood or plastic; crates and pallets; paper towel dispensers [fixed, not of metal]; toilet seat cover dispensers (non-metallic -) [fixed]; toilet paper dispensers, fixed, not of metal; barrels and casks; bamboo baskets for industrial purposes; packing cases made of wood; baskets; containers made of horn; containers made of bone; containers in the form of boxes made of wood; containers made of cane; containers made of synthetic material [other than for household or kitchen use]; corrugated fibreboard boxes; boxes made of laminated plastics; medicine chests; boxes made of paper coated wood; milk churns [non-metallic]; floating containers, not of metal; compost bins of non-metallic materials; composting receptacles of non-metallic materials; combined closures for containers [non-metallic and not for household or kitchen use]; combined containers [non-metallic and not for household or kitchen use]; caskets made of mother of pearl; capsules [non-metallic containers]; flexible containers of plastics for the transport of liquids; flexible containers of plastics for the storage of liquids; dispensers (fixed -) for towels; wooden stoppers for industrial packaging containers; caskets made of wood; wood storage tanks; wooden storage boxes.

Class 21: Brushes and brush-making articles; cosmetic and toilet utensils and bathroom articles; unworked and semi-worked glass, not specified for use; tableware, cookware and containers; statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class; cleaning articles; brushes for cleaning footwear; brushes for cleaning tanks and containers; fireplace brushes; feeding bottle brushes; pot cleaning brushes; golf brushes; lamp-glass brushes; brushes for cleaning cars; brushes for cleaning; skin cleansing brushes; cleaning brushes for sports equipment; brushes for cleaning medical instruments; bath brushes; brushes for cleaning musical instruments; brushes; file brushes; exfoliating brushes; mane brushes [horse combs]; toothbrushes, electric; electric rotating hair brushes; electric pet brushes; electric brushes, except parts of machines; electrically heated hair brushes; horse brushes of wire; tar-brushes, long handled; dental cleaning articles; abrasive sponges for scrubbing the skin; aerosol dispensers, not for medical purposes; eye make-up applicators; applicators for cosmetics; applicators for applying eye make-up; bathroom glass holder; racks for cosmetics; holders for cosmetics; sponge holders; hand soap dispensers; shower gel dispensers; dispensers for the storage of toilet paper [other than fixed]; dispensers for paper wipes [other than fixed]; skin care cream dispensers; body cleanser dispensers; hand towel dispensers, other than fixed; dispensers for liquids for use with bottles; dispensers for liquid soap [for household purposes]; dispensers for liquid soap; toilet roll dispensers; hair fixer dispensers; cotton ball jars; shampoo dispensers; baby bath tubs; rinsing tubs; droppers sold empty for cosmetic purposes; eyelash combs; large-toothed combs for the hair; cleaning combs; hair combs; electric combs; combs; scouring sponges; bath sponges; facial sponges for applying make-up; sponges for applying body powder; make-up sponges; electric hair combs; wash basin pitchers; fitted holders for hair fixers; toilet roll holders; shampoo holders; shower gel holders; rails for towels, not of precious metal; body cleanser holders; hand soap holders; soap brackets; nylon mesh body cleansing puff; body scrubbing puffs; hair color application bottles; perfume bottles; powder puffs; towel rings, not of precious metal; rings for towels [bathroom fittings]; towel rings; rings for towels, not of precious metal; boxes for holding artificial teeth; soap boxes; pill boxes for personal use; pill boxes [not for medical purposes]; boxes for dispensing paper towels; tissue box covers; metal boxes for dispensing paper towels; cosmetic spatulas for use with depilatory preparations; cosmetic bags [fitted]; cosmetic spatulas; powder compacts; mascara brushes; eyebrow brushes; nail brushes; brushes for personal hygiene; foam toe separates for use in pedicures; plastic bathtubs for children; exfoliating pads; exfoliating slippers; personal dispensers for pills or capsules for domestic use; ceramic tissue box covers; caddies for holding hair accessories for household and domestic use; appliances for removing make-up, non-electric; appliances for removing make-up, electric; make-up removing appliances; wall soap dishes; soap containers; containers for cosmetics; lotion containers, empty, for household use; shaving dishes; children's potties; chamber pots; basins [receptacles]; bowls [basins]; facial cleansing sponges; loofahs; body sponges; sponges; hair tinting bowls; microdermabrasion sponges for cosmetic use; scalp scratchers; stencils for use when applying make-up; glass cartridges for medication, empty; exfoliating mitts; scent sprays [atomizers]; nebulizers for household use; perfume sprayers [sold empty]; vaporizers for perfume sold empty; perfume vaporizers; electric make-up removing appliances; deodorising apparatus for personal use; natural sea sponges; baby baths, portable; powder compacts of precious metal [sold empty]; powder compacts of precious metal; powder compacts [empty]; powder compacts [cases]; empty spray bottles; toilet cases; cases adapted for cosmetic utensils; comb cases; cosmetic utensils; foot exfoliating pads; plastic buckets for storing bath toys; plastic bath racks [caddies]; shaving brushes of badger hair; shaving brushes; make-up brushes; lip brushes; hair tinting brushes; back scratchers; washtubs; fitted racks for hair fixers; fitted racks for skin care creams; fitted holders for skin creams; wash basins [bowls, not parts of sanitary installations]; bathroom basins [receptacles]; trays for use in fingernail polishing; towel rails and rings; applicator sticks for applying makeup; combs for back-combing hair; toilet utensils; toilet sponges; shaving brush stands; shampoo racks; water closet brush holders; racks for body cleansers; toilet paper racks; shower gel racks; soap racks; hair for brushes; dispensers for cosmetics; paper towel dispensers; dispensers for facial tissues; soap dispensers; non-electric make-up removing appliances; toilet plungers; towel racks; glasses, drinking vessels and barware; glass bulbs [receptacles]; tealight burners; biodegradable bowls; biodegradable plates; biodegradable trays; biodegradable paper pulp-based bowls; biodegradable trays for domestic purposes; biodegradable paper pulp-based plates; abrasive instruments for kitchen [cleaning] purposes; strainers; colanders for household use; strainers for household use; caviar coolers; tea strainers; teapots; tea services [tableware]; tea pots of precious metal; tea services of precious metal; tea services not of precious metal; teacups (yunomi); tea infusers; tea infusers of precious metal; tea infusers not of precious metal; non-electric portable coldboxes; butter coolers; cold packs used to keep food and drink cold; food cooling devices, containing heat exchange fluids, for household purposes; refrigerating bottles; pot holders; pastry brushes; sugar bowls; sugar bowls [not of precious metal]; sugar bowls of precious metal; sacred vessels; candle rings, not of precious metal; decorative sand bottles; demijohns; knife boards; plates to prevent milk boiling over; dessert plates; household or kitchen utensils; cake moulds of non-metallic materials; cake moulds of common metal; pie servers; kitchen paper dispensers; boxes for dispensing paper serviettes; dispensers for serviettes; napkin dispensers for household use; cupcake molds; confectioners' molds; cookery molds [moulds]; chocolate molds; coffee filters, non-electric; mess-tins; jugs of precious metal; cream jugs; syrup jugs; grilling planks of wood; storage jars; cookie jars; fitted holders for wiping, drying, polishing and cleaning paper; insulating sleeve holders for beverage cans; holders for flowers; tealight holders; holders for carving boards; plastic bag holders for household use; foam drink holders; corn cob holders; kitchen paper holders; menu card holders; place card holders; wire baskets [cooking utensils]; crushers for kitchen use, non-electric; hot pots, not electrically heated; slow cookers (non-electric -); milk pans; cooking pots; cooking pots and pans [non-electric]; pots; dutch ovens; clay floor vases; earthen pots; baking trays made of aluminium; aluminium bakeware; aluminium cookware; aluminium moulds [kitchen utensils]; griddles [non-electric cooking utensils]; grills [cooking utensils]; steak weights; grill pans made of precious stone; gratin dishes; chip pan baskets; pudding moulds; molds [kitchen utensils]; ice cube molds for refrigerators; ice cube molds; cake tins; pie pans; disposable paperboard bakeware; disposable lids for household containers; japanese style tea-serving pots of precious metal (kyusu); japanese style tea-serving pots (kyusu); japanese nests of food boxes [jubako]; japanese rice bowls not of precious metal (chawan); japanese rice bowls of precious metal (chawan); japanese style soup serving bowls (wan); japanese style personal dining trays or stands (zen); japanese rice bowls (chawan); japanese style cooked rice scoops (shamoji); japanese cast iron kettles, non-electric (tetsubin); japanese nests of food boxes (jubako); japanese style wooden pestles (surikogi); insulated food cover domes; insulating sleeve holder for beverage cups; earthenware not included in other classes; earthenware; cups and mugs; mugs; feeding cups; double boilers; non-electric rice cooking pots; coffee services, not of precious metal; coffee services of china; coffee services of precious metal; coffee services [tableware]; coffee pots; coffee filters, not of paper, being part of non-electric coffee makers; mop wringer buckets; buckets incorporating castors; coal buckets for household use; buckets for household use; bathroom pails; buckets; candy boxes of precious metal; mushroom brushes; cruets not of precious metal; cruets of precious metal; vinegar cruets; bulb basters; stone floor vases; earthenware basins; egg cups, not of precious metal; egg cups of precious metal; meal trays; mess-tins [rice cooking canteens]; cooking skewers; baskets for domestic use; shakers for spices; coffeepots, non-electric; coffee pots not of precious metal; milk churns; compostable trays; compostable plates; compostable trays for domestic purposes; compostable bowls; combined lids for kitchen containers; spaghetti tongs; tangsancai (tri-coloured glazed pottery); ceramics for kitchen use; ceramics for household purposes; ceramic tableware; ceramic hollowware; earthenware saucepans; ceramic coin boxes; baking dishes made of earthenware; coffee services of ceramic; boxes of earthenware; mugs made of earthenware; cups made of pottery; camping grills; buckets incorporating mop wringers; kitchen utensils; kitchen grinders, non-electric; holloware; cooking strainers; pastry cutters; napkin rings, not of precious metal; napkin rings of precious metal; wine drip collars specially adapted for use around the top of wine bottles to stop drips; tea caddies; boxes of precious metal for sweets; bento boxes; sandwich boxes; candy boxes, not of precious metal; candy boxes; leather coasters; bread baskets, domestic; baskets of common metal for household use; fitted picnic baskets, including dishes; laundry sorters for household use; laundry baskets for household purposes; metal coin banks; litter baskets of metal; metal pans; lunch boxes made of metal; cauldrons; basting brushes; vegetable mashers; ramekins; small jugs; painted glassware; basting spoons [cooking utensils]; rice paddles [cooked rice serving scoops]; mixing spoons [kitchen utensils]; water bottles for bicycles; water bottles; pizza peels; scoops [tableware]; garlic presses [kitchen utensils]; tortilla presses, non-electric [kitchen utensils]; fruit presses, non-electric, for household purposes; tortilla presses; nine sectioned lacquer ware serving plates (gujeolpan); bottles for pharmaceuticals sold empty; bottles; rinsing pails; kitchen urns [not of precious metal]; kitchen utensils, not of precious metal; cooking utensils for use with domestic barbecues; cooking pot sets; kitchen containers; coffee scoops; honey servers; shallow pans for cooking; shallow bowls; bowls of precious metal; vegetable dishes; salad bowls; fruit bowls of glass; mixing bowls; coffee stirrers; mills for domestic purposes, hand-operated; salt mills; pepper mills, hand-operated; coffee grinders, hand-operated; coffee grinders; grinders (non-electric -); blenders for food [non-electric]; candle rings; butter dishes; bowls for nuts; fruit bowls; finger bowls; jewelry dishes; bowls for candy; cruet stands; dishes for microwave ovens; relish dishes; bakeware [not toys]; bakeware; baking dishes; dishes [household utensils]; dishes; food storage containers; foil food containers; double heat insulated containers for food; roasting dishes; pet treat jars; drinks containers; containers for ice, for household purposes; containers for ice; spice jars; glue-pots; jam pots; beverage coolers [containers]; bottle coolers [receptacles]; household containers for storing pet food; pomanders [containers]; mustard pots; ice cream scoops; japanese style cooked rice scoops [shamoji]; pedal bins; funnels; jars; cast stone containers for household; containers for household or kitchen use; household containers of precious metal; household containers; egg poachers; garlic cellars; non-electric meat grinders; non-electrical coffee grinders; spice grinders (non-electric -); blenders, non-electric, for household purposes; non-electric food mixers; non-electric coffee servers of precious metal; beaters (non-electric -) for kitchen use; non-electric plunger style coffee makers; kettles, non-electric; non-electric griddles; deep fryers, non-electric; coolers [non-electric containers]; autoclaves (non-electric -) for household use; non-electric ice cream makers; pouring spouts for kitchen use; pouring spouts for household use; plastic bins [dustbins]; spaghetti measurers; butlers' trays; spoon rests; knife rests; dish drying racks; draining trays; dripping pans; drip mats for tea; egg separators; ritual flower vases; cake rings; spatulas [kitchen utensils]; containers (non-metallic -) for holy water; cooking skewers, not of metal; beaters, non-electric; non-electric milk frothers; non-electric coffee drippers for brewing coffee; non-electric cooking pans; non-electric coffee frothers; skillets (non-electric -); non-electric wall sconces [candle holders]; non-electric canners [pressure cookers]; non-electric candelabras of precious metal; non-electric candelabra; woks; pancake frying pans; frying pans; butter pans; skillets; frying pans; paper baking cups; commemorative plates; meat tenderisers for household purposes; decorative china; decorative plates; candle rings of precious metal; cabarets [trays]; lazy susans; japanese style personal dining trays or stands [zen]; chopstick rests; reusable plastic water bottles sold empty; reusable stainless steel water bottles sold empty; saucers; gravy boats; heaters for feeding bottles, non-electric; fireproof dishes; lemon squeezers; juice squeezers; salad spinners; slotted spoons; whistling kettles; cocktail sticks; plastic water bottles [empty]; plastic bottles; plastic egg holders for domestic use; plastic buckets; lunch boxes made of plastic; plastic ice pop forms; plastic ice cube moulds; plastic molds for household use in making soap; plastic juice box holders; pizza stones; picnic boxes; fitted picnic baskets; picnic crockery; muffin tins; hurricane lamps (non-electrical); pepper pots; bakers' tinware; steamers [cookware]; steamer baskets; potato ricers; trays for domestic purposes, of paper; paper cups; saucers not of precious metals; saucers made of precious metals; coasters, not of paper and other than table linen; coasters (tableware); cake trays; trays for domestic purposes; teapot stands; potholders; wine coasters of precious metal; knife rests for the table; trivets [table utensils]; baking mats; pot stands; fitted dispensers for wiping, drying, polishing and cleaning paper; cookie sheets; baking sheets of common metal; baking tins; popcorn tins, empty, for household use; plastic plates [dishes]; plastic plates; plastic coasters; plastic funnels; plastic bowls [household containers]; plastic bowls [basins]; squeeze bottle [empty]; laundry baskets; chopstick cases; utensils for household purposes; baking utensils; cooking utensils, non-electric; porcelain coasters; porcelain cake decorations; baking dishes made of porcelain; boxes of porcelain; industrial packaging containers of porcelain; porcelain not included in other classes; porcelain ware; soup bowls; spice racks; cheese-dish covers; dish covers; butter-dish covers; cake domes; pot lids; coin banks of precious metal; mixing cups; coupes; fruit cups; cups of paper or plastic; egg cups; spice sets; canister sets; hand cut crystal glassware; reamers for fruit juice; noodle machines, hand-operated; salad drainers (hand-operated -); hand-operated food grinders; garlic presses (hand-operated -); hand-operated food processor; spits [other than parts of cooking apparatus]; food steamers, non-electric; tea cosies; cutlery trays; portable cooking kits for outdoor use; lunch boxes; portable pots and pans for camping; portable beverage dispensers; portable beverage coolers; coffee percolators, non-electric; empty water bottles for bicycles; cheese boards; bread boards; carving boards; cutting boards for the kitchen; china mugs; porcelain mugs; tea cups; coffee mugs; flour sifters; cups; siphons for cream; serving trays of precious metal; serving platters of precious metal; serving trays made of rattan; serving platters; serving pots; spaghetti servers; serving bowls; serving bowls (hachi); cake servers; serving scoops [household or kitchen utensil]; services [dishes]; menorahs; boxes of glass; bread bins; skimmers [non-electric kitchen implements]; salad tongs; oil cruets of precious metal; demitasse sets comprised of cups and saucers; sieves [household utensils]; glass stoppers; glassware for household purposes; glass floor vases; glass plates; glass candlesticks; glass tableware; glass holders for candles; glass cups; glass pans; apothecary jars; glass storage jars; baking containers made of glass; jars for household use; glass jars [carboys]; glass pots; glass bowls; glass flasks [containers]; industrial packaging containers of glass; glass mugs; glass lids for industrial packaging containers; glass jars; jars for cooking grease, empty; candle jars [holders]; food preserving jars of glass; cake brushes; skewers of wood; skewers for use in cooking; skewers (cooking utensil); cooking skewers of metal; spatulas; whisks, non-electric, for household purposes; whisks; pan scrapers; scrapers (kitchen implements); toothpick holders of precious metal; toothpick holders; oil cruets; cooling racks for baked goods; saucer lights with snuffers; sports bottles sold empty; tablecloth holders; cream and sugar sets; cruets; salt cellars of precious metal; salt cellars; enamel boxes; enamelled jars; salt shakers of precious metal; glasses [receptacles]; swedish pancake pans; candle holders not of precious metal; candlesticks with wind protection; candelabra [candlesticks]; kitchen graters; rotary cheese graters; graters [non-electric household utensils]; graters; vessels of metal for making ices and iced drinks; bone china tableware [other than cutlery]; tableware, other than knives, forks and spoons; napkin holders, not of precious metal; fitted racks for wiping, drying, polishing and cleaning paper; vegetable racks; mug trees; napkin holders of precious metal; knife blocks; stands for dishes; carver rests; bottle stands; kitchen paper racks; cruet stands of precious metal; grill supports; cake stands of non-metallic materials; cake stands; thermally insulated containers for food; vacuum flasks for holding food; insulating jars; heat insulated domestic vessels of glass; heat insulated domestic vessels of earthenware; heat insulated domestic vessels of porcelain; isothermic bags; thermal insulated bags for food or beverages; insulated lids for plates and dishes; thermal insulated containers for food or beverage; insulated containers for beverage cans, for domestic use; thermally insulated flasks for household use; heat-insulated containers; insulating flasks; pillar candle plates; soufflé dishes; plates for hors d'oeuvre; plates not of precious metal; dishes not of precious metal; paper plates; disposable table plates; souvenir plates; plates; candle holders of wrought iron; candlesticks of precious metal; mug racks; buckets for industrial use; buckets made of woven fabrics; epergnes, not of precious metal; epergnes of precious metals; epergnes; floor vases; pastry boards; rolling pins, domestic; cookie [biscuit] cutters; melon ballers; vacuum jugs (non-electric -); vacuum jars; waffle irons, non-electric; utensil jars; closures for pot lids; lockable non-metal household containers for food; urns; all-purpose portable household containers; chopsticks; automobile oil funnels; cooking funnels; non-electric autoclaves; pressure cookers; heat-insulated containers for beverages; oven to table racks; oven-to-table tableware; oven heat resistant pads; napkin rings; dispensers for cling film [other than fixed]; straw dispensers; tenderizers [kitchen utensils]; candle extinguishers, not of precious metal; candle extinguishers of precious metal; candle extinguishers; confectioners' decorating bags [pastry bags]; preserve glasses; casseroles [dishes]; crystal [glassware]; spouts; aquaria and vivaria; devices for pest and vermin control; animal activated livestock feeders; perches for bird cages; wire cages for household pets; electronic pet feeders; filters for use in cat litter pans; litter boxes [trays] for pets; combs for use on domestic animals; combs for animals; currycombs; brushes for pets; brushes for grooming horses; horse brushes; bird cages for domestic birds; cages for household pets; bird baths not being structures; pig troughs; cages of metal for domestic use; metal pans for cattle; feeding troughs of metal for cattle; animal activated animal feeders; small animal feeders; boot stretchers of wood; electric lint removers; shoe cloths; buttonhooks; brushes for footwear; clothes brushes; clothes-pegs; frames for drying and maintaining the shape of clothing items; shoe trees; trouser presses; shoe horns; trouser stretchers; shirt stretchers; clothing stretchers; tie presses; boot trees [stretchers]; glove stretchers; ironing cloths; battery operated lint removers; ironing board covers, shaped; clothes drying racks; shoe polishing mitts; shoe scrapers incorporating brushes; flat-iron stands; clothes drying hangers specially designed for specialty clothing; laundry drying racks; shoe shine cloths; wax-polishing appliances, non-electric, for shoes; clothes drying hangers; ironing boards; ironing boards [kotedai]; boot jacks; indoor terrariums [vivariums]; indoor terrariums [plant cultivation]; flower pot holders; bouquet holders; jardinieres of earthenware; watering cans; flower baskets; plant baskets; nozzles for watering cans; flower pots; planters of earthenware; planters of plastic; planters of clay; planters of glass; bowls for floral decorations; flower bowls; bowls for plants; compost containers for household use; saucers for flower pots; containers for flowers; repotting containers for plants; covers, not of paper, for flower pots; window-boxes; plastic lids for plant pots; plastic spray nozzles; holders for flowers and plants [flower arranging]; pot plant support sticks; porcelain flower pots; spray nozzles for garden hoses; sprayer wands for garden hoses; sprinklers; syringes for watering flowers and plants; sprayers attached to garden hoses; watering devices; seed tray inserts; jardinieres of glass; glass vases; greenhouse syringes; flower syringes; plant syringes; nozzles for hosepipes; nozzles for watering hose; water syringes for spraying plants; vases; flower bowls of precious metal; flower vases; gardening gloves; garden syringes; seed trays; lawn sprinklers; dustbins; abrasive discs for kitchen [cleaning] purposes; air fragrancing apparatus; abrasive pads; abrasive sponges for kitchen [cleaning] use; abrasive pads for kitchen or domestic purposes; anti-static cloths for household use; floor wax applicators mountable on a mop handle; drying boards for washed, starched and then stretched pieces of kimono (hari-ita); scourers for saucepans; abrasive pads for kitchen purposes; household scouring pads; dispensers for detergents; rubber gloves for household use; squeegees [hand-operated] for cleaning; cleaning cotton; eyeglass cleaning cloths; lint rollers [adhesive] for removing lint from clothing; garbage pails; refuse containers; bins for household refuse; diaper pails; non-metal recycling bins for household use; waste paper baskets; waste bins for household use; fitted trash receptacle covers; fragrant oil burners; oil burners (aromatherapy); incense burners [domestic]; essential oil burners; automobile wheel cleaning brushes; brushes for cleaning bicycle components; chamois leather for cleaning; mop heads; lintless cleaning cloths; cloths for wiping optical lenses; dusting cloths; cloth for washing floors; floor cloths; dishcloths for washing dishes; leathers for cleaning purposes; polishing leather; kitchen sponges; carpet rakes; pads of metal for cleaning; saucepan scourers of metal; cleaning tow; mop pails; mop pails incorporating mop wringers; dishwashing brushes; brushes adapted to receive a cleaning agent; brushes connectable to water hoses; brushes for connection to garden hose; dusting brushes; lint brushes; floor brushes; bottle brushes; billiard table brushes; ship-scrubbing brushes; scraping brushes; cotton waste for cleaning; steel wool for cleaning; metallic wool for scouring purposes; metallic wool for cleaning purposes; glass cleaning implements; crumb collecting instruments [non-electric]; non-electric carpet cleaners; carpet sweepers (non-electric -); non-electric floor polishers; carpet shampoo applicators (non-electric -); dusting apparatus, non-electric; dryer balls; sponges for household purposes; mops; cleaning mitts of fabric; dust-pans; polishing apparatus and machines, for household purposes, non-electric; polishing materials for making shiny, except preparations, paper and stone; lint rollers; grill scrapers [cleaning articles]; scrapers for household purposes; cinder sifters [household utensils]; glass wool other than for insulation; steelwool; cleaning instruments, hand-operated; household gloves for cleaning purposes; dusting gloves; car washing mitts; polishing gloves; gloves for household purposes; feather-dusters; window dusters; furniture dusters; dusters; scouring pads; smoke absorbers for household purposes; carpet beaters [hand instruments]; household plastic gloves; wool waste for cleaning; washing boards; cleaning cloths for camera lenses; cloths for cleaning made from cellulose; cleaning rags; cloths for wiping tableware; artificial sponges for household purposes; coal scuttles; optical fiber connector cleaning cloths; crumb trays; materials [cloths] for polishing; glossing cloths [not abrasive]; squeegees for dishes; squeegees [for household use]; carpet sweepers; brooms; scouring cloths; mop wringers; dispensers for cellulose wipes, for household use; plungers for clearing blocked drains; apparatus for wax-polishing, non-electric.

Class 24: Woven fabrics; filtering materials of textile; textile goods, and substitutes for textile goods; fabrics made from acrylic, other than for insulation; diapered linen; fustian; fabrics made from cotton, other than for insulation; cotton fabrics; brocades; furnishing fabrics; furnishing fabrics in the piece; damask; drugget; gift wrap of fabric; denim fabric; elastic fabrics for clothing; knitted elastic fabrics for ladies underwear; knitted elastic fabrics for gymnastic dresses; knitted elastic fabrics for sportswear; knitted elastic fabrics for bodices; esparto fabric; flannel [fabric]; fleece made from copolymers; fleece made from polypropylene; foulard [fabric]; gauze [cloth]; rags for paper making; silk cloth; silk fabrics for furniture; silk fabrics for printing patterns; jute fabric; sponge cloths for textile use; calico; tissues being textile piece goods; printed calico cloth; kashmir fabric; composite textile materials; trellis [cloth]; hemp fabric; fabrics for shirts; lace fabrics; crepe [fabric]; crepon; household textile piece goods; piece goods made of non-woven plastic material; piece goods made of textile materials bonded with rubbers; piece goods made of textile materials bonded with plastics; piece goods made of woven plastic material; textile piece goods for furnishing purposes; textile piece goods for making bedding covers; textile piece goods for use in the manufacture of shoes; textile piece goods for use in the manufacture of protective clothing; textile fabric piece goods for use in the manufacture of clothing; textile piece goods (polyurethane coated -) for making waterproof clothing; textile piece goods for making cushion covers; textile piece goods for use in the manufacture of industrial filters; textile piece goods for making-up into towels; textile piece goods for use in the manufacture of boots; textile piece goods for making curtains; textile piece goods made of cotton; tartan piece goods; textile piece goods made of plastics materials; cloth for tatami mat edging ribbons; fabric for manufacturing women's outerwear; fabric for manufacturing men's outerwear; diaper changing cloths for babies; interfacings; fabrics [piece goods]; fabrics being textile piece goods for use in embroidery; fabrics being textile piece goods for use in manufacture; fabrics being textile piece goods for use in patchwork; fabrics being textile piece goods for use in tapestry; fabrics being textile piece goods made of mixtures of fibres; fabrics for use as linings in clothing; fabrics for use in covering armchairs; fabrics for the manufacture of furnishings; fabrics for use in making diapers; fabrics for manufacturing tents; materials for soft furnishings; marabouts [cloth]; corduroy fabrics; mixed fiber fabrics; elastic yarn mixed fabrics; worsted fabrics; regenerated fiber yarn fabrics; wool yarn fabrics; semi-synthetic fiber fabrics; fabrics of organic fibres, other than for insulation; hemp yarn fabrics; waste cotton fabrics; fabrics made from synthetic threads; fabrics woven from ceramic fibres, other than for insulation; polymer coated fabrics; fabrics covered with motifs to be embroidered; fabrics for sale in kit form for making toy monsters; fabrics for manufacturing garden furniture; fabrics for use in the manufacture of exterior coverings for chairs; loden cloth; fabrics made from linen, other than for insulation; linen cloth; press fabrics all for use in the paper making industry; press felts all for use in the paper making industry; press felt; textile substitute materials made from synthetic materials; non-woven fabrics of natural fibres; non-woven fabrics made substantially of paper; non-woven fabrics for use with paddings; non-woven fabrics for use with linings; non-woven fabrics; non-woven felts; ballistic resistant fabrics; textiles impervious to water but permeable to moisture; waterproof fabrics for use in the manufacture of gloves; waterproof fabrics for use in the manufacture of hats; waterproof fabrics for use in the manufacture of trousers; waterproof fabrics for use in the manufacture of jackets; waterproof textile fabrics; breathable waterproof fabrics; tensioning fabrics for upholstery; tensioning webbing for upholstery; stretch canvas for embroidery; grid-type fabrics; muslin; moleskin [fabric]; mole skin; moquettes [fabric]; materials for use in making clothes; interlining materials; cheese cloth; canvas for tapestry or embroidery; billiard cloth; buckram; canvas; knit lace fabrics; knitted fabrics of silk yarn; knitted fabrics of cotton yarn; foils of plastics for the manufacture of disposable capes; foils of plastics for the manufacture of disposable clothes; foils of plastics for the manufacture of disposable linen; sail cloth; vapour permeable fabrics; vapour permeable plastic textile; flame retardant fabrics [other than asbestos]; flame resistant fabrics; apparel fabrics; nylon fabric; non-woven reinforcing fabrics; heat formable non-woven textile materials; non-woven fabrics in the form of sheeting for use in manufacture; non-woven textile fabrics for use as interlinings; non-woven fabrics in the form of rolls for use in manufacture; non-woven fabrics of synthetic fibres; non-woven fabrics in the form of blanks for use in manufacture; ramie fabric; rayon fabric; adhesive fabric; sackcloth; industrial fabrics; breathable piece goods made of textile materials bonded with rubber; breathable piece goods made of textile materials bonded with plastics; printed textile piece goods; cushion covering materials; polypropylene spunbonded non-woven textile fabrics; fleece made from polyester; fabrics made from polyester, other than for insulation; polyester textiles; rubberized textile fabrics; gummed waterproof cloth; gummed cloth, other than for stationery; curtain linings; linings [textile]; fabric, impervious to gases, for aeronautical balloons; roll felt; felt for use by papermakers; felt piece goods; felt; knitted fabrics of wool yarn; knitted fabrics of chemical-fiber yarn; broad woven industrial fabrics; cheviots [cloth]; mesh-woven fabrics; bolting cloth; fly netting of plastic; screen printing fabrics for the glass industry; synthetic textile piece goods; plastic material [substitute for fabrics]; precut fabrics for needlecraft; hemp-wool mixed fabrics; hemp-silk mixed fabrics; hemp-cotton mixed fabrics; chemical fibre mixed fabrics; inorganic fibre mixed fabrics; hemp base mixed fabrics; cotton base mixed fabrics; wool-cotton mixed fabrics; silk-wool mixed fabrics; silk-cotton mixed fabrics; wool base mixed fabrics; silk base mixed fabrics; flocked fabrics; velvet; kit comprised of fabrics for making quilts; hand spun silk fabrics; textile fabrics for use in the manufacture of curtains; textile fabrics for making up into household textile articles; fabric for use in the manufacture of bags; textile fabrics for use in the manufacture of wall coverings; textile fabrics for use in the manufacture of towels; textile fabrics for use in the manufacture of sportswear; fabrics for manufacturing sun protectors; textile fabrics for making into blankets; textile fabrics for making into linens; textile fabrics for use in the manufacture of sheets; textile fabrics for use in the manufacture of pillowcases; textile fabrics for the manufacture of clothing; textiles for making up into articles of clothing; fabric for use in the manufacture of wallets; textile fabrics for use in the manufacture of furniture; textile fabrics for use in the manufacture of bedding; textile fabrics for use in the manufacture of beds; textiles for use in the manufacture of ships sails; fabric for use in the manufacture of umbrellas; fabric for footwear; bedroom textile fabrics; textile used as lining for clothing; heat-activated adhesive fabrics; taffeta [cloth]; tick [linen]; textile linings in the piece; billiard table baize; fabric linings for clothing; fabric linings for headgear; textile fabrics in the piece; materials (textile -) for use in the manufacture of linings for footwear; materials (textile -) for use in the manufacture of soles; textile materials for use in the manufacture of blinds; materials (textile -) for use in the manufacture of insoles; materials (textile -) for use in the manufacture of footwear; suiting materials [textile]; textile fabric piece goods for the manufacture of upholstered furniture; window furnishing fabrics; textiles made of synthetic materials; textiles made of satin; textiles made of velvet; fabrics made from nylon, other than for insulation; jute cloth; textiles made of cotton; fabrics made from silk, other than for insulation; textiles treated with a flame resistant finish; fabrics for industrial use; fabric coated with rubber or plastics; non-woven textile fabrics; resin impregnated textile fabrics; plastic woven textile materials for use in agriculture; coated woven textile materials; woven textiles having protective properties against electromagnetic rays; woven linen fabrics; woven fabrics for use in the manufacture of clothing for use in clean rooms; woven fabrics for making up into articles of clothing; woven fabrics for cushions; woven fabrics for sofas; woven fabrics for furniture; woven fabrics for armchairs; woven fabrics imitating leather; spun silk fabrics; woven furnishing fabrics; felt cloth; woven cloth with breathable polyurethane coating sold in the piece; woven cloth with breathable polyurethane coating for water proof garments; woven cloth with breathable polyurethane coating; fabrics for use in making incontinence pads; lingerie fabric; interior decoration fabrics; hemp cloth; elastic woven material; fabric on the roll; fabric used for orthotic devices; textile goods for making headshawls and yashmaghs; wool loop knit fabrics; fabrics of man-made fibres being textile goods in piece form; fabrics of carbon fibre, other than for insulation; covered rubber yarn fabrics [for textile use]; rubber covered yarn fabrics; paper yarn fabrics for textile use; metal fiber fabrics; chemical fiber fabrics; fabrics of chemically produced fibres, other than for insulation; fabrics of inorganic fibres, other than for insulation; fabrics made from natural fibres, other than for insulation; chemical fibre loop knit fabrics; coated fabrics for use in the manufacture of luggage; coated fabrics for use in the manufacture of rainwear; coated fabrics for use in the manufacture of leather goods; coated fabrics; adhesive fabric for application by heat; water vapour permeable textiles; upholstery fabrics; heat resistant fabrics [other than for insulation]; curtain fabric; fabric of imitation animal skins; fabrics for manufacturing tarpaulins; fabrics for manufacturing swimming pool covers; fabrics [textile piece goods] made of carbon fibre; narrow woven fabrics; knitted fabric; multiple-ply antistatic fabrics; oilcloth; fibre fabrics for the manufacture of the exterior coverings of furniture; fibre fabrics for use in the manufacture of linings of bags; fibre fabrics for use in the manufacture of linings of shoes; fibre fabrics for use in the manufacture of articles of clothing; woollen cloth; fabrics made from wool, other than for insulation; woollen fabrics for use in the manufacture of suits; woollen fabrics for use in the manufacture of trousers; woollen fabrics for use in the manufacture of jackets; viscose textiles; vinyl cloth; velours for furniture; plastic reinforced fabrics; tulle for dressmaking; tulle for hatmaking; tulle; forming fabrics all for use in the paper making industry; forming felts all for use in the paper making industry; fabrics made from artificial fibres [other than for insulation]; fabrics made of mixed synthetic and natural fibres, other than for insulation; fiberglass fabrics, for textile use; haircloth [sackcloth]; fireproof upholstery fabrics; chenille fabric; fabrics for use in making jerseys; jersey [fabric]; zephyr [cloth]; inlay materials of non-woven fabrics; piled fabrics; reinforced fabrics [textile]; dryer fabrics all for use in the paper making industry; dryer felts all for use in the paper making industry; laminated fabrics; laminated textile piece goods having insulating properties; honeycomb materials [textiles]; sheets of sailcloth for screening; insecticide-treated mosquito nets; coverings for furniture; linens; wall hangings; labels of textile; drapery; brocade flags; soft furnishings; frieze [cloth]; sponge cloths [textile piece goods]; japanese ceremonial wrapping cloth (fukusa); japanese general wrapping cloth (furoshiki); handkerchiefs; towels [textile] for kitchen use; linen lining fabric for shoes; handkerchiefs of textile; nap raised cloth; covers for toilet lids of fabric; banners of textile; disposable cloths; prayer cloth; unfitted fabric furniture covers; fitted toilet lid covers [made of fabric or fabric substitutes]; covers of textile for water closets; coverings of textile and of plastic for furniture (unfitted); loose covers for garden furniture; loose covers made of textile materials for furniture; bean bag covers; sofa covers; fitted toilet lid covers of fabric; furniture coverings of plastic; chair covers; toilet seat covers; furniture coverings of textile; furniture coverings (unfitted); canopy covers; dust sheets; chair backs [textile articles]; protective loose covers for mattresses and furniture; protective covers [dust sheets] for use in decorating; replacement seat covers [loose] for furniture; glass cloths [towels]; towels of textile; bed clothes and blankets; kitchen and table linens; bath linen; crib canopies; lap rugs; tartan travelling rugs; blankets for household pets; receiving blankets; children's blankets; terry linen; silk blankets; disposable bedding of paper; disposable bedding of textile; bed linen and table linen; bed blankets made of cotton; bed blankets made of man-made fibres; valanced bed covers; valence linen; bed linen made of non-woven textile material; silk bed blankets; fabric bed valances; waterproof bed clothes; infants' bed linen; bed canopies; bed warmer covers; paper pillowcases; duvets; bed sheets of plastic [not being incontinence sheets]; eiderdowns [down coverlets]; blankets for outdoor use; duvets filled with goose feathers; cot blankets; bed blankets; bed throws; quilts filled with down; quilts filled with half down; futon quilts; quilts; comforters; quilt bedding mats; quilts of towel; duvet covers; bed covers of paper; quilt covers; covers for eiderdown and duvets; pillowcases; cushion covers; mattress covers; cot covers; shams; underblankets; bed pads; throws; contour sheets; contoured mattress covers; bed skirts; sleeping bag liners; woolen blankets; textile goods for use as bedding; quilts of textile; textile covers for duvets; ticks (mattress and pillow coverings); sleeping bags [sheeting]; tricot quilts; quilts filled with stuffing materials; quilts filled with synthetic stuffing materials; quilts filled with feathers; sheets [textile]; bed sheets of paper; valanced bed sheets; cot sheets; tablemats, not of paper; table linen, not of paper; table covers of non-woven textile fabrics; table covers of damask; table covers; table linen; place mats, not of paper; drink coasters of table linen; drink mats of table linen; coasters [table linen]; mats of linen; table covers of plastic; fabric table toppers; kitchen linen; tea cloths; kitchen towels; lace table mats not made of paper; dinner mats of plastics material; disposable tablecloths of textile; textile smallwares [table linen]; towelling [textile]; table runners not of paper; table runners; bar cloths; washing gloves; oilcloth for use as tablecloths; vinyl place mats; dish towels for drying; household cloths for drying dishes; dish cloths; tablecloths, not of paper; textile flags used for place settings; textile tablecloths; table napkins of textile; hand towels of textile; individual place mats made of textile; doilies of textile; fabric table runners; napery of textile; household linen, including face towels; children's towels; sanitary flannel; towelling coverlets; turkish towel; golf towels; face cloths of towelling; japanese cotton towels (tenugui); disposable wash cloths; bath towels; bath linen, except clothing; face cloths; face flannels in the form of gloves; cloths for removing make-up; bath sheets; beach towels; towels [textile] for the beach; hooded towels; towelling [textile] adapted for use in dispensers; face towels; face towels of textile; cloths of woven textile material for washing the body [other than for medical use]; cloths of non-woven textile material for washing the body [other than for medical use]; cloths for washing the body [other than for medical use]; bath mitts; make-up removal cloths [textile], other than impregnated with toilet preparations; towels of textile featuring american football team logos; towels of textile sold in pack form; make-up removal cloths [textile], other than impregnated with cosmetics; towels [textile] for use in connection with babies; towels [textile] for use in connection with toddlers; hand towels; mitts made of non-woven fabric for washing the body; curtains of plastic; swags [curtains]; pelmets; ready made curtains of plastics; ready made curtains of textiles; ready made curtains; indoor and outdoor curtains; lace curtains; valances [textile draperies]; moquettes [curtains]; fire-retardant textile shower curtains; coverings for windows; curtains made of plastics for use in shower baths; pleated shades; shower curtains of textile or plastic; textiles in the form of window furnishings; textile materials for use as window coverings; curtains of textile or plastic; curtain holders of textile material; textile curtain pelmets; vinyl curtains; window covering products made of textile material; pleated curtains; drapes in the nature of curtains made of textile materials; drapes in the nature of curtains; door curtains; curtains for showers; draperies [thick drop curtains]; curtains made of textile fabrics; small curtains made of textile materials; valances.

2. European Union trade mark application No 15 518 822 is rejected for all the above goods. It may proceed for the remaining goods, notably umbrella sticks; frames for umbrellas or parasols; metal parts of umbrellas; umbrella rings; umbrella handles; umbrella or parasol ribs; sausage skins and imitations thereof; sausage skins [synthetic]; gut for making sausages in Class 18.

3. Each party bears its own costs.

REASONS:

The opponent filed an opposition against all the goods and services of European Union trade mark application No 15 518 822, .

The opposition is based on the following earlier marks:

European Union trade mark registration No 2 844 264 ‘TORO’;

European Union trade mark registration No 8 310 534 ;
European Union trade mark registration No 13 356 266 ;

European Union trade mark registration No 13 389 739 ;

European Union trade mark registration No 9 251 984 ;

European Union trade mark application No 14 194 542 .

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 registered European trade marks, i.e. trade marks no. 1-5 listed above.

The goods

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

EUTM No 2 844 264 ‘TORO’

Class 18: Goods of leather and imitations of leather (not included in other classes), wallets, suitcases, backpacks, briefcases, purses, umbrellas, parasols and saddlery.

EUTM No 8 310 534

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, parasols and walking sticks; whips, harness and saddlery.

EUTM No 13 356 266

Class 21: Household or kitchen utensils and containers; Combs and sponges; Brushes (except paintbrushes); Glassware, porcelain and earthenware not included in other classes.

Class 24: Textiles and textile goods, not included in other classes; Bed covers; Table covers.

EUTM No 13 389 739

Class 8: Manicure sets; Manicure and pedicure tools and implements; Hand tools and implements (hand-operated); Cutlery; Side arms; Razors.

Class 20: Furniture, Fans for personal use, non-electric and Frames; Non-metallic hardware; Door, gate and window fittings; Fasteners; Statues, Statuettes and Objets d'art, and decorations made of materials including wood, Wax, Plaster or plastic; Mattresses, cushions, floor cushions; Blinds, and fittings for curtains and blinds; Containers, and closures and holders therefor; Baskets; Barrels and casks; Crates and pallets; Ladders and movable steps; Displays, stands and signboards.

EUTM No 9 251 984

Class 8: Hand tools and implements (hand operated); cutlery; side arms; razors.

Class 20: Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastics.

The contested goods are the following:

Class 18: Umbrellas and parasols; saddlery, whips and animal apparel; walking staffs; sausage skins and imitations thereof; luggage, bags, wallets and other carriers; umbrella sticks; umbrellas; golf umbrellas; umbrellas for children; japanese oiled-paper umbrellas (janome-gasa); japanese paper umbrellas (karakasa); frames for umbrellas or parasols; metal parts of umbrellas; umbrella rings; covers for parasols; rainproof parasols; umbrella covers; beach umbrellas [beach parasols]; bags for umbrellas; umbrella handles; telescopic umbrellas; parasols; patio umbrellas; combination walking sticks and umbrellas; umbrella or parasol ribs; butts [parts of hides]; goldbeaters' skin; cattle skins; imitation leather; imitation leather sold in bulk; kid; chamois leather, other than for cleaning purposes; leather cloth; sheets of leather for use in manufacture; studs of leather; industrial packaging containers of leather; boxes made of leather; trimmings of leather for furniture; leather straps; girths of leather; furs sold in bulk; valves of leather; curried skins; leather and imitations of leather; leather for furniture; leather for shoes; leather for harnesses; leather sold in bulk; leatherboard; sheets of imitation leather for use in manufacture; coats for cats; coats for dogs; leggings for animals; leather leads; costumes for animals; harnesses; covers and wraps for animals; clothing for pets; collars for animals; collars for cats; collars for pets; dog shoes; dog clothing; dog collars; animal carriers [bags]; blankets for animals; dog leashes; pet leads; leads for animals; gut for making sausages; sausage skins [synthetic]; alpenstocks; walking cane handles; hiking poles; rattan canes; cane handles; walking stick seats; leather wallets; book bags; attache cases; briefcases and attache cases; briefbags; portfolio cases [briefcases]; backpacks; bags for climbers; hiking rucksacks; rucksacks on castors; small rucksacks; game bags [hunting accessories]; tool pouches, sold empty; courier bags; shoulder bags; travelling handbags; travel cases; traveling trunks; tie cases for travel; travelling sets; holdalls for sports clothing; travelling bags made of imitation leather; travel garment covers; travel luggage; portmanteaus; music cases; attache cases made of imitation leather; suitcase handles; ladies' handbags; clutches [purses]; purses; purses, not of precious metal; make-up boxes; towelling bags; japanese utility pouches (shingen-bukuro); handbags; clutch bags; handbags made of imitations leather; handbags made of leather; chain mesh purses; handbags, purses and wallets; gladstone bags; key bags; holders in the nature of cases for keys; key cases made of leather; cosmetic purses; vanity cases, not fitted; cosmetic bags sold empty; credit card holders made of leather; leather suitcases; leather cases; attache cases made of leather; tool bags of leather, empty; garment bags for travel made of leather; leather pouches; hat boxes of leather; shopping bags made of skin; leather credit card wallets; bags [envelopes, pouches] of leather, for packaging; leather wallets; bags made of leather; leather bags and wallets; hat boxes for travel; suitcases; trunks and suitcases; travel baggage; roller suitcases; small suitcases; business cases; cosmetic cases sold empty; bumbags; hipsacks; flight bags; overnight cases; overnight bags; valises; daypacks; small clutch purses; small bags for men; small purses; slouch handbags; vanity cases sold empty; waterproof bags; baby carriers worn on the body; baby backpacks; shopping bags; wheeled shopping bags; two-wheeled shopping bags; shopping bags with wheels attached; wallets including card holders; banknote holders; folio cases; carriers for suits, shirts and dresses; garment bags for travel; luggage covers; driving licence cases; wallets for attachment to belts; card wallets [leatherware]; wallets, not of precious metal; wallets; coin purses, not of precious metal; wrist mounted purses; wallets of precious metal; plastic luggage tags; knitted bags, not of precious metals; canvas shopping bags; canvas bags; beach bags; straps for luggage; slings for carrying infants; charm bags (omamori-ire); shaving bags sold empty; commutation-ticket holders; keycases; key cases of imitation leather; key-cases of leather and skins; tie cases; credit-card holders; credit card cases [wallets]; business card cases; credit card holders made of imitation leather; cases of imitation leather; card cases [notecases]; work bags; kori wicker trunks; flexible bags for garments; empty instrument cases for use by doctors; carrying cases for documents; gentlemen's handbags; carrying cases; carry-on bags; randsels [japanese school satchels]; hiking bags; bags for campers; handbag frames; purse frames; boxes of vulcanised fibre; back frames for carrying children; saddlebags; folding briefcases; sporrans; gym bags; sports packs; pouches; net bags for shopping; shoulder belts [straps] of leather; straps for handbags; school knapsacks; bags; bags for sports; boston bags; holdalls; traveling bags [leatherware]; souvenir bags; shoe bags; shoe bags for travel; roller bags; sling bags for carrying infants; tool bags [empty] for motor cycles; tool bags sold empty; tool bags, empty; garment carriers; nappy bags; bags for sports clothing; sling bags; roll bags; imitation leather bags; satchels; pouches for holding make-up, keys and other personal items; belt bags and hip bags; textile shopping bags; toiletry bags; wash bags (not fitted); haversacks; art portfolios [cases]; multi-purpose purses; all-purpose carrying bags; all-purpose athletic bags; pouch baby carriers; trunks [luggage]; evening handbags; luggage tags; luggage tags [leatherware]; wrist mounted carryall bags; weekend bags; luggage; pullmans; reusable shopping bags; coin holders.

Contested goods in Class 8

Shear blades; tool belts [holders] are similar to a high degree to the opponent’s hand tools and implements. They can coincide in producer, end user and distribution channels. Furthermore they are complementary.

Edged and blunt weapons fall into the broad category of the opponent’s side arms and therefore these goods are identical.

The remaining contested goods are all some sort of hand tools, hand-operated implements used as tools in the respective professions, cutlery, other items equipped with a blade. There are examples of identity, such as hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance, hand-operated tools for shaving ice; hand operated tool for making shaved ice; implements (hand operated -) for cracking lobsters; mincing knives [hand tools]; hand-operated choppers; hand-operated food processors; hand-operated vegetable shredders which are included in the broad category of the opponent’s hand tools and implements (hand operated), while other contested goods in Class 8 can, at least, coincide in purpose, manufacturers and distribution channels. Therefore, the remaining contested goods are at least similar to the opponent’s hand tools and implements (hand operated); cutlery; razors.

Contested goods in Class 18

Comparison with the identical EUTM No 2 844 264 ‘TORO’

The following goods are identical to the goods covered by the earlier mark, either because they appear on both lists (including synonyms) or because they are included in or overlap with the broad category of the opponent’s goods:

Wallets; leather wallets; leather credit card wallets; leather wallets; wallets; wallets, not of precious metal; card wallets [leatherware]; wallets for attachment to belts; wallets including card holders; credit card cases [wallets]; wallets of precious metal are identical to the opponent’s wallets.

Leather suitcases; suitcases; suitcases; roller suitcases; small suitcases are identical to the opponent’s suitcases.

Backpacks; baby backpacks are identical to the opponent’s backpacks.

Briefcases and attache cases; attache cases; portfolio cases [briefcases]; briefbags; folding briefcases; attache cases made of imitation leather; attache cases made of leather are identical to the opponent’s briefcases.

Clutches [purses]; purses; purses, not of precious metal; chain mesh purses; purses; small purses; small clutch purses; wrist mounted purses; coin purses, not of precious metal; cosmetic purses; multi-purpose purses are identical to the opponent’s purses.

Umbrellas, golf umbrellas; umbrellas for children; japanese oiled-paper umbrellas (janome-gasa); japanese paper umbrellas (karakasa); telescopic umbrellas, patio umbrellas; combination walking sticks and umbrellas are identical to the opponent’s umbrellas.

Parasols, rainproof parasols; beach umbrellas [beach parasols] are identical to the opponent’s parasols.

Saddlery is identically listed in both lists of goods..

Net bags for shopping, Textile shopping bags are similar to the opponent’s backpacks given that they can coincide in purpose, can be manufactured by the same undertakings and distributed via the same channels.

2. Comparison with the earlier EUTM No 8 310 534

Harnesses, whips, animal harnesses identically appear on both lists of goods.

Rattan canes; hiking poles; walking staffs; alpenstocks fall into the broad category of the opponent’s walking sticks and therefore they are identical.

Walking cane handles; cane handles; walking stick seats overlap and therefore are similar to the opponent’s walking sticks because they are likely to be manufactured by the same undertakings and they are complementary.

Goldbeaters' skin; cattle skins; imitation leather; imitation leather sold in bulk; kid; chamois leather, other than for cleaning purposes; leather cloth; sheets of leather for use in manufacture; trimmings of leather for furniture; furs sold in bulk; butts [parts of hides]; curried skins; leather and imitations of leather; leather for furniture; leather for shoes; leather for harnesses; leather sold in bulk; leatherboard; sheets of imitation leather for use in manufacture fall into the broad category and are identical to the opponent’s leather and imitations of leather.

Covers for parasols; umbrella covers; bags for umbrellas are similar to the opponent’s Umbrellas, parasols given that they are complementary and they can coincide in manufacturers and distribution channels.

As for the contested studs of leather; industrial packaging containers of leather; boxes made of leather; leather straps; girths of leather; valves of leather; shoulder belts [straps] of leather; coats for cats; coats for dogs; leggings for animals; leather leads; costumes for animals; covers and wraps for animals; clothing for pets; collars for animals; collars for cats; collars for pets; dog shoes; dog clothing; dog collars; animal carriers [bags]; blankets for animals; dog leashes; pet leads; leads for animals; pouch baby carriers; sling bags for carrying infants; tool bags [empty] for motor cycles; tool bags sold empty; tool bags, empty; nappy bags; sporrans; animal apparel; they coincide in nature with the opponent’s goods made of leather and not included in other classes. Their purpose, in the broadest sense, may also be the same in that they are for carrying, holding or storing different possessions or for use with animals. To that extent, these goods are similar to a low degree. However, in the absence of an express limitation by the opponent in order to clarify its goods, it cannot be assumed that they coincide in other criteria.

The contested book bags; bags for climbers; hiking rucksacks; rucksacks on castors; small rucksacks; game bags [hunting accessories]; tool pouches, sold empty; courier bags; shoulder bags; travelling handbags; travel cases; traveling trunks; tie cases for travel; travelling sets; holdalls for sports clothing; travelling bags made of imitation leather; travel garment covers; travel luggage; portmanteaus; music cases; suitcase handles; ladies' handbags; make-up boxes; towelling bags; japanese utility pouches (shingen-bukuro); handbags; clutch bags; handbags made of imitations leather; handbags made of leather; handbags, gladstone bags; key bags; holders in the nature of cases for keys; key cases made of leather; vanity cases, not fitted; cosmetic bags sold empty; credit card holders made of leather; leather cases; tool bags of leather, empty; garment bags for travel made of leather; leather pouches; hat boxes of leather; shopping bags made of skin; bags [envelopes, pouches] of leather, for packaging; bags made of leather; leather bags; hat boxes for travel; trunks and travel baggage; business cases; cosmetic cases sold empty; bumbags; hipsacks; flight bags; overnight cases; overnight bags; valises; daypacks; small bags for men; slouch handbags; vanity cases sold empty; waterproof bags; baby carriers worn on the body; shopping bags; wheeled shopping bags; two-wheeled shopping bags; shopping bags with wheels attached; banknote holders; folio cases; carriers for suits, shirts and dresses; garment bags for travel; luggage covers; driving licence cases; plastic luggage tags; knitted bags, not of precious metals; canvas shopping bags; canvas bags; beach bags; straps for luggage; slings for carrying infants; charm bags (omamori-ire); shaving bags sold empty; commutation-ticket holders; keycases; key cases of imitation leather; key-cases of leather and skins; tie cases; credit-card holders; business card cases; credit card holders made of imitation leather; cases of imitation leather; card cases [notecases]; work bags; kori wicker trunks; flexible bags for garments; empty instrument cases for use by doctors; carrying cases for documents; gentlemen's handbags; carrying cases; carry-on bags; randsels [japanese school satchels]; hiking bags; bags for campers; handbag frames; purse frames; boxes of vulcanised fibre; back frames for carrying children; saddlebags; gym bags; sports packs; pouches; belts [straps] of leather; straps for handbags; school knapsacks; bags; bags for sports; boston bags; holdalls; traveling bags [leatherware]; souvenir bags; shoe bags; shoe bags for travel; roller bags; garment carriers; bags for sports clothing; sling bags; roll bags; imitation leather bags; satchels; pouches for holding make-up, keys and other personal items; belt bags and hip bags; toiletry bags; wash bags (not fitted); haversacks; art portfolios [cases]; all-purpose carrying bags; all-purpose athletic bags; trunks [luggage]; evening handbags; luggage tags; luggage tags [leatherware]; wrist mounted carryall bags; weekend bags; luggage; pullmans; reusable shopping bags; coin holders are at least similar to the opponents’ travelling bags given that they can coincide in end user and distribution channels.

The contested umbrella sticks; frames for umbrellas or parasols; metal parts of umbrellas; umbrella rings; umbrella handles; umbrella or parasol ribs are dissimilar to all the goods of the opponent’s earlier marks. These goods are items for manufacturing, which target a different public (manufacturers) and not the end consumers of the finished product. They do not coincide in either nature or purpose, they are neither complementary nor in competition.

The contested sausage skins and imitations thereof; sausage skins [synthetic]; gut for making sausages; sausage skins and imitations thereof are materials that enclose the filling of a sausage. In fact, with the entry into force of the 11^th edition of the Nice classification, these goods are no longer classified in Class 18 together with certain fashion items, but rather in class 29 together with other foodstuffs of animal origin.

The nature, purpose, method of use of these goods is fundamentally different from that of the opponent’s goods in Classes 8, 18, 20, 21, 24, i.e. hand-operated implements used as tools, leather goods mainly for fashion, carrying or riding, furniture, utensils, household apparatus, goods made of various non-leather material, such as textile. They are neither complementary nor in competition. They are dissimilar.

Contested goods in Class 20

The contested furniture and furnishings; beds; contour chairs; banking counters; banqueting chairs; barstools; cocktail units [furniture]; chests, not of metal; chests; chests for toys; tool chests, not of metal, empty fall into the opponent’s broad category, furniture. Therefore the goods are identical.

The contested make-up mirrors for purses; shaving mirrors; locker mirrors; mirrors for use in powder compacts; printed mirrors; mirrors enhanced by electric lights; make-up mirrors for the home; mirrors [looking glasses not for carrying with]; mirrors [furniture]; silvered glass [mirrors]; hand-held mirrors [toilet mirrors]; cheval glasses; personal compact mirrors; wall mirrors; bathroom mirrors; make-up mirrors for travel use; mirrors (silvered glass); fall into the opponent’s broad category, mirrors. Therefore the goods are identical.

The contested mirror frames; mouldings for mirrors; mirror tiles; tiles (mirror -) for fixing to walls are complementary to the opponent’s mirrors and are routinely produced by the same undertakings, Therefore the goods are similar.

The contested frames as a broader category include the opponent’s picture frames. since the applicant’s broad category cannot be dissected ex officio, they are considered to be identical.

The remaining contested goods are at least similar to a low degree to the opponent’s goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastics given that the nature can be considered the same, and they may be available through the same distribution channels, such as those that specialise selling furniture and household goods. To that extent these goods are considered at least similar to a low degree, but in the absence of an express limitation by the opponent clarifying the vague term, it cannot be assumed that they are produced by the same companies, that their methods of use coincide, or that they are in competition or complementary.

Contested goods in Class 21

The contested brushes; brushes for cleaning footwear; brushes for cleaning tanks and containers; fireplace brushes; feeding bottle brushes; pot cleaning brushes; golf brushes; lamp-glass brushes; brushes for cleaning cars; brushes for cleaning; skin cleansing brushes; cleaning brushes for sports equipment; brushes for cleaning medical instruments; bath brushes; brushes for cleaning musical instruments; brushes; file brushes; mane brushes [horse combs]; exfoliating brushes; toothbrushes, electric; electric rotating hair brushes; electric pet brushes; electric brushes, except parts of machines; electrically heated hair brushes; horse brushes of wire; tar-brushes, long handled; hairbrushes; floor brushes; brushes for household purposes; brushes for connection to garden hose; brushes for parquet floors; brushes for personal hygiene; clothes brushes; ski wax brushes; scraping brushes; brushes for pets; material for brush-making; brush goods; mascara brushes; nail brushes; brushes adapted to receive a cleaning agent; brushes connectable to water hoses; brushes for use on tree bark; brushes for grooming golf putting greens; brushes for pipes; bottle brushes; blacking brushes; billiard table brushes; horse brushes; ship-scrubbing brushes; brushes for grooming horses; hair for brushes; horsehair for brushes; cattle hair for brushes; toilet brushes; shaving brushes; pig bristles; make-up brushes; animal bristles [brushware]; toothbrushes; filaments for making brushes; tub brushes; hard brooms; hot air hair brushes; brush holders; raccoon dog hair for brushes; crumb brushes; brooms; scrubbing brushes; manual toothbrushes; hand-operated ski brushes; feather-dusters; interdental brushes for cleaning the teeth; automobile wheel cleaning brushes; brushes for cleaning bicycle components; brushes for footwear; dishwashing brushes; dusting brushes; lint brushes; shoe scrapers incorporating brushes; cleaning articles; dental cleaning articles; abrasive sponges for scrubbing the skin, electric hair combs; make-up sponges; sponges for applying body powder; facial sponges for applying make-up; bath sponges; scouring sponges; combs; electric combs; hair combs; cleaning combs; large-toothed combs for the hair; eyelash combs; facial cleansing sponges; body sponges; loofahs; sponges; hair tinting bowls; microdermabrasion sponges for cosmetic use; natural sea sponges; combs for back-combing hair; toilet sponges; combs for use on domestic animals; combs for animals; currycombs; abrasive sponges for kitchen [cleaning] use are at least similar to the opponent’s combs and sponges, brushes. There are examples of identity, such as hair combs, cleaning combs; in any event, all the above goods are at least similar to the opponent’s goods given that the can coincide in nature, purpose, manufacturers and they can be sold via the same outlets.

The following contested goods coincide in nature, manufacturers and sales outlets with the broad categories of the opponent, glassware, porcelain and earthenware not included in other classes, and are, therefore, at least similar: statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class; clay floor vases; earthen pots; earthenware not included in other classes; earthenware; earthenware basins; baking dishes made of earthenware; coffee services of ceramic; boxes of earthenware; mugs made of earthenware; cups made of pottery; painted glassware; porcelain coasters; porcelain cake decorations; baking dishes made of porcelain; boxes of porcelain; industrial packaging containers of porcelain; porcelain not included in other classes; porcelain ware; hand cut crystal glassware; porcelain mugs; boxes of glass; glassware for household purposes; glass floor vases; glass plates; glass candlesticks; glass tableware; glass holders for candles; glass cups; glass pans; apothecary jars; glass storage jars; baking containers made of glass; jars for household use; glass jars [carboys]; glass pots; glass bowls; glass flasks [containers]; industrial packaging containers of glass; glass mugs; glass lids for industrial packaging containers; glass jars; jars for cooking grease, empty; candle jars [holders]; food preserving jars of glass; glasses [receptacles]; heat insulated domestic vessels of glass; heat insulated domestic vessels of earthenware; heat insulated domestic vessels of porcelain; preserve glasses; crystal [glassware]; aquaria and vivaria; jardinieres of earthenware; planters of earthenware; planters of clay; planters of glass; jardinieres of glass; glass vases.

The contested Unworked and semi-worked glass, not specified for use is similar to the opponent’s glassware as they coincide in nature and can coincide in manufacturers.

The remaining goods are utensils and containers, cleaning articles which are used in the household, kitchen, bathroom, or for cleaning the house. To this extent, they are at least similar to the opponent’s household or kitchen utensils and containers.

Contested goods in Class 24

All the contested goods can be grouped to four categories:

Textiles. The below contested goods are covered by the opponent’s broad category textiles. Therefore, they are identical.

Woven fabrics; filtering materials of textile; diapered linen; fustian; fabrics made from cotton, other than for insulation; cotton fabrics; brocades; furnishing fabrics; furnishing fabrics in the piece; damask; drugget; gift wrap of fabric; denim fabric; elastic fabrics for clothing; knitted elastic fabrics for ladies underwear; knitted elastic fabrics for gymnastic dresses; knitted elastic fabrics for sportswear; knitted elastic fabrics for bodices; esparto fabric; flannel [fabric]; foulard [fabric]; gauze [cloth]; rags for paper making; silk cloth; silk fabrics for furniture; silk fabrics for printing patterns; jute fabric; sponge cloths for textile use; calico; tissues being textile piece goods; printed calico cloth; kashmir fabric; composite textile materials; trellis [cloth]; hemp fabric; fabrics for shirts; lace fabrics; crepe [fabric]; crepon; household textile piece goodstextile piece goods for furnishing purposes; textile piece goods for making bedding covers; textile piece goods for use in the manufacture of shoes; textile piece goods for use in the manufacture of protective clothing; textile fabric piece goods for use in the manufacture of clothing; textile piece goods (polyurethane coated -) for making waterproof clothing; textile piece goods for making cushion covers; textile piece goods for use in the manufacture of industrial filters; textile piece goods for making-up into towels; textile piece goods for use in the manufacture of boots; textile piece goods for making curtains; textile piece goods made of cotton; tartan piece goods; cloth for tatami mat edging ribbons; fabric for manufacturing women's outerwear; fabric for manufacturing men's outerwear; interfacings; fabrics [piece goods]; fabrics being textile piece goods for use in embroidery; fabrics being textile piece goods for use in manufacture; fabrics being textile piece goods for use in patchwork; fabrics being textile piece goods for use in tapestry; fabrics being textile piece goods made of mixtures of fibres; fabrics for use as linings in clothing; fabrics for use in covering armchairs; fabrics for the manufacture of furnishings; fabrics for use in making diapers; fabrics for manufacturing tents; materials for soft furnishings; marabouts [cloth]; corduroy fabrics; mixed fiber fabrics; elastic yarn mixed fabrics; worsted fabrics; regenerated fiber yarn fabrics; wool yarn fabrics; semi-synthetic fiber fabrics; fabrics of organic fibres, other than for insulation; hemp yarn fabrics; waste cotton fabrics; fabrics made from synthetic threads; fabrics woven from ceramic fibres, other than for insulation; fabrics covered with motifs to be embroidered; fabrics for sale in kit form for making toy monsters; fabrics for manufacturing garden furniture; fabrics for use in the manufacture of exterior coverings for chairs; loden cloth; fabrics made from linen, other than for insulation; linen cloth; press fabrics all for use in the paper making industry; press felts all for use in the paper making industry; press felt; textile substitute materials made from synthetic materials; non-woven fabrics of natural fibres; non-woven fabrics made substantially of paper; non-woven fabrics for use with paddings; non-woven fabrics for use with linings; non-woven fabrics; non-woven felts; ballistic resistant fabrics; textiles impervious to water but permeable to moisture; waterproof fabrics for use in the manufacture of gloves; waterproof fabrics for use in the manufacture of hats; waterproof fabrics for use in the manufacture of trousers; waterproof fabrics for use in the manufacture of jackets; waterproof textile fabrics; breathable waterproof fabrics; tensioning fabrics for upholstery; tensioning webbing for upholstery; stretch canvas for embroidery; grid-type fabrics; muslin; moleskin [fabric]; mole skin; moquettes [fabric]; materials for use in making clothes; interlining materials; cheese cloth; canvas for tapestry or embroidery; billiard cloth; buckram; canvas; knit lace fabrics; knitted fabrics of silk yarn; knitted fabrics of cotton yarn; sail cloth; vapour permeable fabrics; flame retardant fabrics [other than asbestos]; flame resistant fabrics; apparel fabrics; non-woven reinforcing fabrics; heat formable non-woven textile materials; non-woven fabrics in the form of sheeting for use in manufacture; non-woven textile fabrics for use as interlinings; non-woven fabrics in the form of rolls for use in manufacture; non-woven fabrics of synthetic fibres; non-woven fabrics in the form of blanks for use in manufacture; ramie fabric; adhesive fabric; sackcloth; industrial fabrics; breathable piece goods made of textile materials bonded with rubber; printed textile piece goods; cushion covering materials; curtain linings; linings [textile]; fabric, impervious to gases, for aeronautical balloons; roll felt; felt for use by papermakers; felt piece goods; felt; knitted fabrics of wool yarn; knitted fabrics of chemical-fiber yarn; broad woven industrial fabrics; cheviots [cloth]; mesh-woven fabrics; bolting cloth; screen printing fabrics for the glass industry; synthetic textile piece goods; precut fabrics for needlecraft; hemp-wool mixed fabrics; hemp-silk mixed fabrics; hemp-cotton mixed fabrics; chemical fibre mixed fabrics; inorganic fibre mixed fabrics; hemp base mixed fabrics; cotton base mixed fabrics; wool-cotton mixed fabrics; silk-wool mixed fabrics; silk-cotton mixed fabrics; wool base mixed fabrics; silk base mixed fabrics; flocked fabrics; velvet; kit comprised of fabrics for making quilts; hand spun silk fabrics; textile fabrics for use in the manufacture of curtains; textile fabrics for making up into household textile articles; fabric for use in the manufacture of bags; textile fabrics for use in the manufacture of wall coverings; textile fabrics for use in the manufacture of towels; textile fabrics for use in the manufacture of sportswear; fabrics for manufacturing sun protectors; textile fabrics for making into blankets; textile fabrics for making into linens; textile fabrics for use in the manufacture of sheets; textile fabrics for use in the manufacture of pillowcases; textile fabrics for the manufacture of clothing; textiles for making up into articles of clothing; fabric for use in the manufacture of wallets; textile fabrics for use in the manufacture of furniture; textile fabrics for use in the manufacture of bedding; textile fabrics for use in the manufacture of beds; textiles for use in the manufacture of ships sails; fabric for use in the manufacture of umbrellas; fabric for footwear; bedroom textile fabrics; textile used as lining for clothing; heat-activated adhesive fabrics; taffeta [cloth]; tick [linen]; textile linings in the piece; billiard table baize; fabric linings for clothing; fabric linings for headgear; textile fabrics in the piece; materials (textile -) for use in the manufacture of linings for footwear; materials (textile -) for use in the manufacture of soles; textile materials for use in the manufacture of blinds; materials (textile -) for use in the manufacture of insoles; materials (textile -) for use in the manufacture of footwear; suiting materials [textile]; textile fabric piece goods for the manufacture of upholstered furniture; window furnishing fabrics; textiles made of synthetic materials; textiles made of satin; textiles made of velvet; jute cloth; textiles made of cotton; fabrics made from silk, other than for insulation; textiles treated with a flame resistant finish; fabrics for industrial use; non-woven textile fabrics; resin impregnated textile fabrics; coated woven textile materials; woven textiles having protective properties against electromagnetic rays; woven linen fabrics; woven fabrics for use in the manufacture of clothing for use in clean rooms; woven fabrics for making up into articles of clothing; woven fabrics for cushions; woven fabrics for sofas; woven fabrics for furniture; woven fabrics for armchairs; woven fabrics imitating leather; spun silk fabrics; woven furnishing fabrics; felt cloth; fabrics for use in making incontinence pads; lingerie fabric; interior decoration fabrics; hemp cloth; elastic woven material; fabric on the roll; fabric used for orthotic devices; textile goods for making headshawls and yashmaghs; wool loop knit fabrics; fabrics of man-made fibres being textile goods in piece form; fabrics made from natural fibres, other than for insulation; coated fabrics for use in the manufacture of luggage; coated fabrics for use in the manufacture of rainwear; coated fabrics for use in the manufacture of leather goods; coated fabrics; adhesive fabric for application by heat; water vapour permeable textiles; upholstery fabrics; heat resistant fabrics [other than for insulation]; curtain fabric; narrow woven fabrics; knitted fabric; multiple-ply antistatic fabrics; oilcloth; fibre fabrics for the manufacture of the exterior coverings of furniture; fibre fabrics for use in the manufacture of linings of bags; fibre fabrics for use in the manufacture of linings of shoes; fibre fabrics for use in the manufacture of articles of clothing; woollen cloth; fabrics made from wool, other than for insulation; woollen fabrics for use in the manufacture of suits; woollen fabrics for use in the manufacture of trousers; woollen fabrics for use in the manufacture of jackets; viscose textiles; vinyl cloth; velours for furniture; tulle for dressmaking; tulle for hatmaking; tulle; forming fabrics all for use in the paper making industry; forming felts all for use in the paper making industry; fabrics made of mixed synthetic and natural fibres, other than for insulation; haircloth [sackcloth]; fireproof upholstery fabrics; chenille fabric; fabrics for use in making jerseys; jersey [fabric]; zephyr [cloth]; inlay materials of non-woven fabrics; piled fabrics; reinforced fabrics [textile]; dryer fabrics all for use in the paper making industry; dryer felts all for use in the paper making industry; laminated fabrics; laminated textile piece goods having insulating properties; honeycomb materials [textiles]; sheets of sailcloth for screening; linen lining fabric for shoes;

Goods made of textiles. The below goods are similar to a low degree to the opponent’s bed covers; table covers. When comparing these goods the nature can be considered the same (textile), and they may be available through the same distribution channels, such as those selling textile items for household decoration.

Textile goods, coverings for furniture; linens; wall hangings; labels of textile; drapery; brocade flags; soft furnishings; frieze [cloth]; sponge cloths [textile piece goods]; japanese ceremonial wrapping cloth (fukusa); japanese general wrapping cloth (furoshiki); handkerchiefs; towels [textile] for kitchen use; handkerchiefs of textile; nap raised cloth; covers for toilet lids of fabric; banners of textile; disposable cloths; prayer cloth; unfitted fabric furniture covers; fitted toilet lid covers [made of fabric or fabric substitutes]; covers of textile for water closets; coverings of textile and for furniture (unfitted); loose covers for garden furniture; loose covers made of textile materials for furniture; bean bag covers; sofa covers; fitted toilet lid covers of fabric; chair covers; toilet seat covers; furniture coverings of textile; furniture coverings (unfitted); canopy covers; dust sheets; chair backs [textile articles]; protective loose covers for mattresses and furniture; protective covers [dust sheets] for use in decorating; replacement seat covers [loose] for furniture; glass cloths [towels]; towels of textile; bed clothes and blankets; kitchen and table linens; bath linen; crib canopies; lap rugs; tartan travelling rugs; blankets for household pets; receiving blankets; children's blankets; terry linen; silk blankets; disposable bedding of paper; disposable bedding of textile; bed linen and table linen; bed blankets made of cotton; bed blankets made of man-made fibres; valanced bed covers; valence linen; bed linen made of non-woven textile material; silk bed blankets; fabric bed valances; waterproof bed clothes; infants' bed linen; bed canopies; bed warmer covers; paper pillowcases; duvets; eiderdowns [down coverlets]; blankets for outdoor use; duvets filled with goose feathers; cot blankets; bed blankets; bed throws; quilts filled with down; quilts filled with half down; futon quilts; quilts; comforters; quilt bedding mats; quilts of towel; duvet covers; bed covers of paper; quilt covers; covers for eiderdown and duvets; pillowcases; cushion covers; mattress covers; cot covers; shams; underblankets; bed pads; throws; contour sheets; contoured mattress covers; bed skirts; sleeping bag liners; woolen blankets; textile goods for use as bedding; quilts of textile; textile covers for duvets; ticks (mattress and pillow coverings); sleeping bags [sheeting]; tricot quilts; quilts filled with stuffing materials; quilts filled with synthetic stuffing materials; quilts filled with feathers; sheets [textile]; bed sheets of paper; valanced bed sheets; cot sheets; tablemats, not of paper; table linen, not of paper; table covers of non-woven textile fabrics; table covers of damask; table covers; table linen; place mats, not of paper; drink coasters of table linen; drink mats of table linen; coasters [table linen]; mats of linenfabric table toppers; kitchen linen; tea cloths; kitchen towels; lace table mats not made of paper; disposable tablecloths of textile; textile smallwares [table linen]; towelling [textile]; table runners not of paper; table runners; bar cloths; washing gloves; oilcloth for use as tablecloths; dish towels for drying; household cloths for drying dishes; dish cloths; tablecloths, not of paper; textile flags used for place settings; textile tablecloths; table napkins of textile; hand towels of textile; individual place mats made of textile; doilies of textile; fabric table runners; napery of textile; household linen, including face towels; children's towels; sanitary flannel; towelling coverlets; turkish towel; golf towels; face cloths of towelling; japanese cotton towels (tenugui); disposable wash cloths; bath towels; bath linen, except clothing; face cloths; face flannels in the form of gloves; cloths for removing make-up; bath sheets; beach towels; towels [textile] for the beach; hooded towels; towelling [textile] adapted for use in dispensers; face towels; face towels of textile; cloths of woven textile material for washing the body [other than for medical use]; cloths of non-woven textile material for washing the body [other than for medical use]; cloths for washing the body [other than for medical use]; bath mitts; make-up removal cloths [textile], other than impregnated with toilet preparations; towels of textile featuring american football team logos; towels of textile sold in pack form; make-up removal cloths [textile], other than impregnated with cosmetics; towels [textile] for use in connection with babies; towels [textile] for use in connection with toddlers; hand towels; mitts made of non-woven fabric for washing the body; swags [curtains]; pelmets; ready made curtains of textiles; ready made curtains; indoor and outdoor curtains; lace curtains; valances [textile draperies]; moquettes [curtains]; fire-retardant textile shower curtains; coverings for windows; pleated shades; shower curtains of textile textiles in the form of window furnishings; textile materials for use as window coverings; curtain holders of textile material; textile curtain pelmets; window covering products made of textile material; pleated curtains; drapes in the nature of curtains made of textile materials; drapes in the nature of curtains; door curtains; curtains for showers; draperies [thick drop curtains]; curtains made of textile fabrics; small curtains made of textile materials; valances.

Fabrics made of or containing plastic. These goods are similar to the opponent’s textile in the sense that they are complementary or in competition. The goods can coincide in manufacturers and distribution channels.

Vapour permeable plastic textile; fly netting of plastic; fabrics made from acrylic, other than for insulation; fleece made from copolymers; fleece made from polypropylene; piece goods made of non-woven plastic material; piece goods made of textile materials bonded with rubbers; piece goods made of textile materials bonded with plastics; piece goods made of woven plastic material; textile piece goods made of plastics materials; polymer coated fabrics; foils of plastics for the manufacture of disposable capes; foils of plastics for the manufacture of disposable clothes; foils of plastics for the manufacture of disposable linen; nylon fabric; rayon fabric; breathable piece goods made of textile materials bonded with plastics; polypropylene spunbonded non-woven textile fabrics; fleece made from polyester; fabrics made from polyester, other than for insulation; polyester textiles; rubberized textile fabrics; gummed waterproof cloth; gummed cloth, other than for stationery; plastic material [substitute for fabrics; fabrics made from nylon, other than for insulation; fabric coated with rubber or plastics; plastic woven textile materials for use in agriculture; woven cloth with breathable polyurethane coating sold in the piece; woven cloth with breathable polyurethane coating for water proof garments; woven cloth with breathable polyurethane coating; fabrics of carbon fibre, other than for insulation; covered rubber yarn fabrics [for textile use]; rubber covered yarn fabrics; paper yarn fabrics for textile use; metal fiber fabrics; chemical fiber fabrics; fabrics of chemically produced fibres, other than for insulation; fabrics of inorganic fibres, other than for insulation; chemical fibre loop knit fabrics; fabric of imitation animal skins; fabrics for manufacturing tarpaulins; fabrics for manufacturing swimming pool covers; fabrics [textile piece goods] made of carbon fibre; plastic reinforced fabrics; fabrics made from artificial fibres [other than for insulation]; fiberglass fabrics, for textile use;

Finished goods made of or with plastic. These goods are similar to the opponent’s bed covers, table covers given that the latter goods can also be made of plastic materials. The goods are complementary and they can be in competition. The goods can coincide in manufacturers and distribution channels.

Substitutes for textile goods; insecticide-treated mosquito nets; coverings of plastic for furniture (unfitted); furniture coverings of plastic; bed sheets of plastic [not being incontinence sheets]; table covers of plastic; dinner mats of plastics material; vinyl place mats; curtains of plastic; ready made curtains of plastics; curtains made of plastics for use in shower baths; shower curtains of plastic; curtains of textile or plastic; vinyl curtains.

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 are directed at the public at large as well as a professional public, as far as for example leather or textile material is concerned. The degree of attention is considered to be average.

The signs

(1) EUTM No 2 844 264

TORO

(2) EUTM No 13 389 739 and EUTM No 13 356 266

(3) EUTM No 8 310 534 and EUTM No 9 251 984

Earlier trade marks

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). This applies by analogy to international registrations designating the European Union. 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 is not meaningful in countries where Spanish, Italian and Portuguese are not spoken; consequently the Opposition Division finds it appropriate to focus the comparison of the signs on the part of the public which does not speak these languages and for whom the term is meaningless and its distinctiveness is normal.

The earlier signs consist of the word ‘TORO’, which is written in a stylised font in the case of the earlier signs (2) and (3).

The earlier marks’ (3) dominant element is the stylised image of a bull and the term ‘TORO’, which is on top in larger size than the term ‘OSBORNE’.

The contested sign has not dominant element; however, like the earlier signs (3), it consist of the word ‘TORO’ and a stylised image of a bull.

Visually, the signs coincide in ‘TORO’. They differ in their typeface. They also differ in the element ‘OSBORNE’ of the earlier signs (3), which in any event is less dominant. The signs also differ in the bull image, even that of the earlier signs (3), given that these signs depict a bull from the front, while the contested sign shows a bull from the side, in charging position.

Therefore, the signs are visually similar to a medium degree.

Aurally, there is identity between the earlier signs (1) and (2) and the contested sign. The earlier marks (3) are aurally highly similar to the contested mark, given that the coincidence is based in the dominant element of the earlier marks.

Conceptually, the earlier marks (3) are conceptually identical to the contested sign since they coincide in the concept of a bull.

The earlier marks (1) and (2) are conceptually not similar to the contested mark on account of the different concept transmitted by the bull image.

As the signs have been found similar in at least one aspect of the comparison, the examination of likelihood of confusion will proceed.

Distinctiveness of the earlier marks

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 marks are particularly distinctive by virtue of intensive use or reputation.

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

Global assessment, other arguments and conclusion

The goods are identical or similar (to different degrees) to those of the earlier marks. The earlier marks either consist of or include in a dominant position the word element of the contested mark. Two of the earlier marks even include the same concept of a stylised bull. The differences in the signs’ typeface, the visual representation of the bull or the term ‘OSBORNE’ cannot offset the aural, in some cases also conceptual coincidence.

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the part of the public not speaking Spanish, Italian or Portuguese and therefore the opposition is partly well- founded on the basis of the opponent’s European Union trade mark registrations. 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 similar, even if only to a low degree, to those of the earlier trade marks.

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.

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

The opponent also based its opposition on European Union trade mark application No 14 194 542 in respect of goods in Class 20. Since this mark is identical to European Union trade mark registrations which have been compared and covers the same or a narrower scope of goods, the outcome cannot be different with respect to goods for which the opposition has already been rejected. Therefore, no likelihood of confusion exists with respect to those goods.

COSTS

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

Francesca DRAGOSTIN

Marianna KONDAS

Julie GOUTARD

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.

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