OPPOSITION No B 2 937 046

Bean Industries Limited, 5 Pullman Court, Great Western Road, GL1 3ND, Gloucester, United Kingdom (opponent), represented by Samson & Partner Patentanwälte mbB, Widenmayerstr. 6, 80538, München, Germany (professional representative)

a g a i n s t

Loewe Technologies GmbH, Industriestr. 11, 96317, Kronach, Germany (applicant)

On 29/06/2018, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 937 046 is partially upheld, namely for the following contested goods:

Class 7: Dispensing machines; Industrial robots; Sweeping, cleaning, washing and laundering machines; Machines and machine tools for treatment of materials and for manufacturing; Vending machines; Dispensing machines [other than vending machines]; Automatic dispensing machines; Dry ice machines; Refrigerated vending machines; Vending machines (Counter operated -); Robotic cleaning machines; Robotic cleaning [polishing] machines for floors; Robotic cleaning [vacuuming] machines for floors; Robotic cleaners for household purposes; Robotic mechanisms for use in processing vegetables; Robotic mechanisms for use in processing fruits; Robotic vacuum cleaners; Ironing machines and laundry presses; Exterior clearing and cleaning equipment; Street cleaning machines (Hand-propelled -); Ironing machines; Ironing machines for textile articles; Electric clothing pressing machines; Mangles [clothes pressing machines]; Rotary steam presses, portable, for fabrics; Laundry presses; Egg slicing machines; Electric food slicers; Bread knives (Electric -); Electric fruit juice extractors; Electrical squeezers for fruit and vegetable; Orange juice extracting machines [electric]; Butchers' knives (Electric -); Electric meat slicers for kitchen use; Poweroperated meat grinders; Electric fruit squeezers; Electric fruit presses for household use; Vegetable knives (Electric -); Electric vegetable peelers; Spice grinders (Electric -); Hand implements (Electric -) for use in barbecue cooking; Beaters being electric appliances; Electric coffee frothers; Power-operated coffee grinders; Garlic presses (Electric -); Electric food processors; Electric babies' food processors; Kitchen machines (Electric - ) for food preparation [other than cooking]; Electric kitchen appliances for chopping, mixing, pressing; Machines for use in making whipped cream [electric, kitchen]; Kitchen knives (Electric -); Electric kitchen tools; Electric food choppers; Electrical appliances used in kitchen for milling; Machines for slicing food [electric, kitchen]; Fruit squeezing machines [electric]; Orange squeezing machines [electric]; Electric ice crushing machines; Food processors (Electric -) for domestic use; Electric milk frothers; Electric mixers for household purposes; Electric pepper mills; Electric graters; Beaters, electric; Electric salt mills; Food whisks (Electric -); Whisks, electric, for household purposes; Slicing machines (Electric -) for kitchen use; Peeling machines (Electric -) for use in the preparation of food; Dough kneading machines (Electric -); Electric pasta makers for domestic use; Electric food processors; Grinders (Electric -) for food preparation; Crushers for kitchen use, electric; Beverage preparation machines, electromechanical; Food preparation machines, electromechanical; Vegetable corers [machines]; Juice extracting machines; Potato peelers [electric machines]; Potato mashers [electric machines]; Kneaders [electric kitchen machines]; Meat cutters [electric machines] for household use; Meat mincing machines [electric machines] for household use; Liquidizers [kitchen machines]; Grating machines for vegetables; Apparatus for aerating beverages; Apparatus for aerating water; Grain mills [machines]; Electric kitchen mixers; Vegetable washers [machines]; Mills for household purposes, other than hand-operated; Pepper mills, other than handoperated; Electric pizza cutters; Salad drainers [electric kitchen machines]; Food processors; Root slicing machines; Steam cleaners for household purposes; Steam cleaning machines; Electrically operated suction cleaners [domestic]; Electric wax-polishing machines for household purposes; Wax-polishing (Machines and apparatus for -), electric; Electric steam cleaning machines; Hand held vacuum cleaners (Electric -); Carpet shampoo applicators (Electric -); Electrical domestic machines for vacuuming; Electrical vacuum cleaners for domestic use; Parquet wax-polishers, electric; Electric fan units for vacuum cleaners; Shoe cleaners [brushes, electric]; Shoe polishers, electric; Cleaning (Machines and apparatus for -), electric; Electric carpet shampooers; Electric vacuum cleaners; Electric window cleaning equipment; Dust filters and bags for vacuum cleaners; Floor maintenance machines [electric] for polishing; Utensil baskets for dishwashing machines; Electrical beaters for carpets; Carpet cleaning machines [electric]; Electric washing machines; Machines for washing clothing [electric]; Dishwashers; Dish washing machines for household purposes; Vacuum cleaning machines for use in households; High pressure washers; Industrial vacuum machines for cleaning; Cordless sweepers; Bags of plastics for vacuum cleaners; Wet and dry vacuum cleaners; Replacement bags of paper for vacuum cleaners; Attrition machines for cleaning; Laundry drying machines without heating; Washing machines for pots; Vacuum cleaners; Carpet brushing machines; Ultrasonic cleaning instruments for jewellery; Spin dryers for household purposes (not heated); Washing apparatus; Washing machines incorporating drying facilities.

Class 8: Hygienic and beauty implements for humans and animals; Hair cutting and removal implements; Manicure and pedicure tools; Flat irons; Electric irons; Electric steam irons; Electric irons for styling hair; Electric hair straightening irons; Electric hair crimper; Hand-pumped sprayers; Clippers for personal use [electric and non-electric]; Razors; Beard clippers; Animal shearing implements; Electrically operated hair clippers [hand instruments]; Electric beard trimmers; Electric hair clippers for personal use [hand instruments]; Electric ear hair trimmers; Electric nasal hair trimmers; Hair clippers for personal use, electric and non-electric; Depilation appliances, electric and non-electric; Mustache and beard trimmers; Electric shavers; Razor cases; Blades for electric razors; Non-electric razors; Vibrating blade shavers; Razor blades; Cartridges containing razor blades; Shaving cases; Safety razors; Safety razor blades; Dispensers for razor blades; Electric hair clippers for animals [hand instruments]; Dog clippers; Temperature controlled electric flat irons.

Class 11: Vehicle lighting and lighting reflectors; Lighting apparatus for vehicles; Bicycle dynamo lights; Lamps for motor land vehicles; Lamps for vehicle lighting; Light emitting diode lights for automobiles; Vehicle lights; Accent lights for indoor use; Illuminated push-buttons; Lighting installations; Lighting for display purposes; Lighting armatures; Lighting apparatus; Light-emitting diodes [LED] lighting apparatus; Organic light emitting diodes (OLED) lighting devices; Lighting fixtures for household use; Lighting fixtures for commercial use; Decorative lighting sets; Decorative electric lighting apparatus; Diffusers being parts of lighting installations; Dome lights for furniture; Outdoor electrical lighting fixtures; Electrical lighting fixtures; Indoor electrical lighting fixtures; Electric light fittings; Electrical lamps for indoor lighting; Helmet lights; Luminous house numbers; Handheld spotlights; LED lighting assemblies for illuminated signs; LED light bulbs; LED luminaires; LED landscape lights; LED mood lights; LED flashlights; LED underwater lights; Glow sticks; Table lamps; Wall lights; Exhaust hoods [cooker hoods]; Automatic installations for making coffee; Baby bottle warmers; Ovens; Heated cabinets for foodstuffs; Inset cooking tops; Electrically-heated mugs; Electrically heated roasting skewers; Electric heated urns; Roasting spits [electric] for use with electricity; Hot pots [electrically heated]; Electric ovens; Electric broiling pans; Electric vegetable steamer; Electric food steamer; Steaming apparatus (Electric -) for cooking; Electric egg steamers for household purposes; Electric egg cookers; Electric espresso machines; Electric coffee filters; Electric bottle heaters; Chip pans (Electric -); Electric refrigerators [for household purposes]; Kitchen machines (Electric -) for cooking; Electric rice cookers; Electric wireless coffeepots; Electric roasters; Electric sandwich toasters; Tea warmers (Electric -); Tea urns (Electric -); Electric ranges; Electromagnetic induction cookers [for household purposes]; Electric tea makers; Expresso coffee machines; Fondues [cooking apparatus]; Heating apparatus, electric; Heating plates; Electric coffee brewers; Microwave ovens; Waffle irons; Personal heating and drying implements; Electric warming pans for beds; Electric foot warmers [other than for medical use]; Hand-held electric hair dryers; Pads [cushions] (Heating -), electric, not for medical purposes.

2. European Union trade mark application No 16 323 818 is rejected for all the above goods. It may proceed for the remaining goods, namely:

Class 7: Current generators; Glue guns, electric; Hot air guns [electric]; Electric power generators for emergency use; Direct current generators; Solar power generators; Portable electric power generators; Industrial robot sewing machines; Robotic motor hand saws; Snowblowers; Dispensing machines for soap; Electronic feeders for animals; Gumball machines; Dynamos; Bicycle dynamos.

3. Each party bears its own costs.

PRELIMINARY REMARK

As from 01/10/2017, Regulation (EC) No 207/2009 and Regulation (EC) No 2868/95 have been repealed and replaced by Regulation (EU) 2017/1001 (codification), Delegated Regulation (EU) 2017/1430 and Implementing Regulation (EU) 2017/1431, subject to certain transitional provisions. Further, as from 14/05/2018, Delegated Regulation (EU) 2017/1430 and Implementing Regulation (EU) 2017/1431 have been codified and repealed by Delegated Regulation (EU) 2018/625 and Implementing Regulation (EU) 2018/626. All the references in this decision to the EUTMR, EUTMDR and EUTMIR should be understood as references to the Regulations currently in force, except where expressly indicated otherwise.

REASONS

The opponent filed an opposition against some of the goods and services of European Union trade mark application No 16 323 818, ‘LOEWE’, namely against all the goods in Classes 7, 8 and 11. The opposition is based on international trade mark registration No 1 288 399, , designating the Czech Republic, Ireland, Cyprus, Lithuania, Austria, United Kingdom, Italy, Benelux, Slovenia, Sweden, Slovakia, Denmark, Poland, Croatia, Finland and France. The opponent invoked Article 8(1)(b) EUTMR.

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

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

1. The goods

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

Class 7: Sweeping, cleaning, and laundering machines; electric kitchen appliances for chopping, mixing, pressing; presses (machines for industrial purposes); cleaning apparatus, electric, for household use, namely vacuum cleaners and wax polishers; ultrasonic stain removers; steam brushes for the care and smoothing of clothing; ironing machines; blenders, electric, for household purposes; electrical food processors; electric kitchen appliances for chopping, grinding or pressing; food processors, electric; electric knives; electric kitchen knives; food blenders, electric; mills for household purposes; food preparation machines, electromechanical; electric fruit presses for household purposes; bread cutting machines; electric crushers for kitchen use; cleaning appliances utilizing steam; can openers (electric); grating machines for vegetables; machines for making aerated beverages [electric]; machines for preparing beverages, electromechanical; machines for the production of mineral water; mixers (machines); mills for household purposes, other than hand-operated; shears, electric; fruit presses; electric cleaning machines and apparatus; electric cleaning machines and apparatus; electric beaters; sifting installations; sharpening machines; electric shears; spin driers [machines]; electric whisks for household purposes; electric shoe polishers; dust exhausting installations for cleaning purposes; vacuum cleaner hoses; vacuum cleaner attachments for disseminating perfumes and disinfectants; electric juicers; electric ice crushers.

Class 8: Food preparation implements, kitchen knives and cutlery; hand tools [hand-operated]; flat irons; can openers, non-electric; electric and non-electric apparatus for designing and forming head hair, namely hair stylers; electric and non-electric apparatus for designing and forming head hair, namely hair straighteners; garden tools and implements (hand-operated); fruit peelers; hand operated pasta machines.

Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; food and beverage cooking, heating, cooling and treatment equipment; heating, ventilating, air conditioning and air purification equipment; cooking appliances; baby bottle warmers; baby food warmers; water heaters; coffee makers (electric); tea makers (electric); espresso coffee machines; cappuccino coffee machines; rice cookers; cooking apparatus and installations; cookers; portable foot bath; sterilization apparatus for baby articles; showers; refrigerating cabinets; ventilating fans and air humidifiers; popcorn makers; ice machines; electric woks; electric fondue sets; water filters; building lights; disinfecting apparatus for baby articles; barbecues for use in rooms; steamers; deep fat fryers; ice boxes; bottle warmers; bread baking machines, barbecues, ornamental fountains; blankets, electric, not for medical purposes, air reheaters; electric deep fryers; steam facial apparatus [saunas]; grills (cooking appliances); hair driers; hand drying apparatus for washrooms; hot air apparatus; electric heating apparatus; aquarium heaters; hot air ovens; radiators [heating]; electric yogurt makers; electric coffee filter apparatus; coffee percolators, electric; electrical cooking utensils; cookers; cooking rings; multi-functional electric steaming apparatus for cooking; microwave ovens (cooking utensils); stoves [heating apparatus]; electric radiators; roasters; coffee roasters; electric pressure cooking saucepans; immersion heaters; toasters; filters for drinking water; electric waffle irons; hot water bottles; hot plates; electric laundry dryers, water softening apparatus and installations, water filtering apparatus; spa baths [vessels]; pocket torches, electric; egg cookers; roasters.

Class 21: Tableware, cookware and containers; household or kitchen containers (not of precious metal or coated therewith); non-electric heaters for feeding bottles; cookery moulds; non-electric cooking utensils; cauldrons; cooking pots; woks; pans; steamers; hand-operated milk frothers; brushes; coolers [ice pails]; ice cube molds; bottle openers (electrical and non-electrical); fruit presses; dinnerware; heat-insulated vessels; insulated containers; coffee pots; hand-operated coffee mills; cake molds; mixing cups; pepper mills; cleaning instruments, hand-operated; beaters; dispensers for salt; polishing apparatus and machines for household purposes (non-electrical); washing balls; cosmetic instruments (included in this class); toothbrushes; water apparatus for cleaning teeth and gums; brushes for body and beauty applications; facial cleansing brushes, facial cleansing sponges; electric toothbrushes; brushes for footwear; wax-polishing appliances, non-electric, for shoes; shaving brush stands; shaving brushes; cosmetic utensils; nail brushes; fitted vanity cases; toilet cases; perfume vaporizers; exfoliating pads; electric combs; combs; hand-operated anti-cellulite rollers, not for medical purposes; steamers for cooking (non-electric); strainers for household purposes; vacuum bottles; non-electric deep fryers; non-electric fruit presses for household purposes; heat insulated containers for beverages; thermally insulated containers for food; utensils for household purposes, not of precious metal; coffee pots, non-electric and not of precious metal; coffee grinders (hand-operated); molds for kitchen use; mess-tins; picnic baskets (including dishes); corkscrews (electric and non-electric); kitchen utensils, not of precious metal; isothermic bags; non-electric blenders for household purposes; griddles (cooking utensils); pressure cookers, non-electric; non-electric ice-cream makers; carpet sweepers, carpet beaters, not being machines; toilet utensils (body care); non-electric waffle irons; cloths racks for drying, ironing board covers; flat-iron stands; coffee makers (non-electric); tea makers (non-electric); trash cans; ironing boards; tea pots; ironing boards.

The contested goods are the following:

Class 7: Dispensing machines; Current generators; Industrial robots; Sweeping, cleaning, washing and laundering machines; Machines and machine tools for treatment of materials and for manufacturing; Vending machines; Dispensing machines [other than vending machines]; Automatic dispensing machines; Glue guns, electric; Hot air guns [electric]; Electronic feeders for animals; Gumball machines; Dispensing machines for soap; Dry ice machines; Refrigerated vending machines; Vending machines (Counter operated -); Dynamos; Bicycle dynamos; Electric power generators for emergency use; Direct current generators; Solar power generators; Portable electric power generators; Robotic cleaning machines; Robotic cleaning [polishing] machines for floors; Robotic cleaning [vacuuming] machines for floors; Robotic cleaners for household purposes; Industrial robot sewing machines; Robotic motor hand saws; Robotic mechanisms for use in processing vegetables; Robotic mechanisms for use in processing fruits; Robotic vacuum cleaners; Ironing machines and laundry presses; Exterior clearing and cleaning equipment; Street cleaning machines (Hand-propelled -); Snowblowers; Ironing machines; Ironing machines for textile articles; Electric clothing pressing machines; Mangles [clothes pressing machines]; Rotary steam presses, portable, for fabrics; Laundry presses; Egg slicing machines; Electric food slicers; Bread knives (Electric -); Electric fruit juice extractors; Electrical squeezers for fruit and vegetable; Orange juice extracting machines [electric]; Butchers' knives (Electric -); Electric meat slicers for kitchen use; Poweroperated meat grinders; Electric fruit squeezers; Electric fruit presses for household use; Vegetable knives (Electric -); Electric vegetable peelers; Spice grinders (Electric -); Hand implements (Electric -) for use in barbecue cooking; Beaters being electric appliances; Electric coffee frothers; Power-operated coffee grinders; Garlic presses (Electric -); Electric food processors; Electric babies' food processors; Kitchen machines (Electric - ) for food preparation [other than cooking]; Electric kitchen appliances for chopping, mixing, pressing; Machines for use in making whipped cream [electric, kitchen]; Kitchen knives (Electric -); Electric kitchen tools; Electric food choppers; Electrical appliances used in kitchen for milling; Machines for slicing food [electric, kitchen]; Fruit squeezing machines [electric]; Orange squeezing machines [electric]; Electric ice crushing machines; Food processors (Electric -) for domestic use; Electric milk frothers; Electric mixers for household purposes; Electric pepper mills; Electric graters; Beaters, electric; Electric salt mills; Food whisks (Electric -); Whisks, electric, for household purposes; Slicing machines (Electric -) for kitchen use; Peeling machines (Electric -) for use in the preparation of food; Dough kneading machines (Electric -); Electric pasta makers for domestic use; Electric food processors; Grinders (Electric -) for food preparation; Crushers for kitchen use, electric; Beverage preparation machines, electromechanical; Food preparation machines, electromechanical; Vegetable corers [machines]; Juice extracting machines; Potato peelers [electric machines]; Potato mashers [electric machines]; Kneaders [electric kitchen machines]; Meat cutters [electric machines] for household use; Meat mincing machines [electric machines] for household use; Liquidizers [kitchen machines]; Grating machines for vegetables; Apparatus for aerating beverages; Apparatus for aerating water; Grain mills [machines]; Electric kitchen mixers; Vegetable washers [machines]; Mills for household purposes, other than hand-operated; Pepper mills, other than handoperated; Electric pizza cutters; Salad drainers [electric kitchen machines]; Food processors; Root slicing machines; Steam cleaners for household purposes; Steam cleaning machines; Electrically operated suction cleaners [domestic]; Electric wax-polishing machines for household purposes; Wax-polishing (Machines and apparatus for -), electric; Electric steam cleaning machines; Hand held vacuum cleaners (Electric -); Carpet shampoo applicators (Electric -); Electrical domestic machines for vacuuming; Electrical vacuum cleaners for domestic use; Parquet wax-polishers, electric; Electric fan units for vacuum cleaners; Shoe cleaners [brushes, electric]; Shoe polishers, electric; Cleaning (Machines and apparatus for -), electric; Electric carpet shampooers; Electric vacuum cleaners; Electric window cleaning equipment; Dust filters and bags for vacuum cleaners; Floor maintenance machines [electric] for polishing; Utensil baskets for dishwashing machines; Electrical beaters for carpets; Carpet cleaning machines [electric]; Electric washing machines; Machines for washing clothing [electric]; Dishwashers; Dish washing machines for household purposes; Vacuum cleaning machines for use in households; High pressure washers; Industrial vacuum machines for cleaning; Cordless sweepers; Bags of plastics for vacuum cleaners; Wet and dry vacuum cleaners; Replacement bags of paper for vacuum cleaners; Attrition machines for cleaning; Laundry drying machines without heating; Washing machines for pots; Vacuum cleaners; Carpet brushing machines; Ultrasonic cleaning instruments for jewellery; Spin dryers for household purposes (not heated); Washing apparatus; Washing machines incorporating drying facilities.

Class 8: Hygienic and beauty implements for humans and animals; Hair cutting and removal implements; Manicure and pedicure tools; Flat irons; Electric irons; Electric steam irons; Electric irons for styling hair; Electric hair straightening irons; Electric hair crimper; Hand-pumped sprayers; Clippers for personal use [electric and non-electric]; Razors; Beard clippers; Animal shearing implements; Electrically operated hair clippers [hand instruments]; Electric beard trimmers; Electric hair clippers for personal use [hand instruments]; Electric ear hair trimmers; Electric nasal hair trimmers; Hair clippers for personal use, electric and non-electric; Depilation appliances, electric and non-electric; Mustache and beard trimmers; Electric shavers; Razor cases; Blades for electric razors; Non-electric razors; Vibrating blade shavers; Razor blades; Cartridges containing razor blades; Shaving cases; Safety razors; Safety razor blades; Dispensers for razor blades; Electric hair clippers for animals [hand instruments]; Dog clippers; Temperature controlled electric flat irons.

Class 11: Vehicle lighting and lighting reflectors; Lighting apparatus for vehicles; Bicycle dynamo lights; Lamps for motor land vehicles; Lamps for vehicle lighting; Light emitting diode lights for automobiles; Vehicle lights; Accent lights for indoor use; Illuminated push-buttons; Lighting installations; Lighting for display purposes; Lighting armatures; Lighting apparatus; Light-emitting diodes [LED] lighting apparatus; Organic light emitting diodes (OLED) lighting devices; Lighting fixtures for household use; Lighting fixtures for commercial use; Decorative lighting sets; Decorative electric lighting apparatus; Diffusers being parts of lighting installations; Dome lights for furniture; Outdoor electrical lighting fixtures; Electrical lighting fixtures; Indoor electrical lighting fixtures; Electric light fittings; Electrical lamps for indoor lighting; Helmet lights; Luminous house numbers; Handheld spotlights; LED lighting assemblies for illuminated signs; LED light bulbs; LED luminaires; LED landscape lights; LED mood lights; LED flashlights; LED underwater lights; Glow sticks; Table lamps; Wall lights; Exhaust hoods [cooker hoods]; Automatic installations for making coffee; Baby bottle warmers; Ovens; Heated cabinets for foodstuffs; Inset cooking tops; Electrically-heated mugs; Electrically heated roasting skewers; Electric heated urns; Roasting spits [electric] for use with electricity; Hot pots [electrically heated]; Electric ovens; Electric broiling pans; Electric vegetable steamer; Electric food steamer; Steaming apparatus (Electric -) for cooking; Electric egg steamers for household purposes; Electric egg cookers; Electric espresso machines; Electric coffee filters; Electric bottle heaters; Chip pans (Electric -); Electric refrigerators [for household purposes]; Kitchen machines (Electric -) for cooking; Electric rice cookers; Electric wireless coffeepots; Electric roasters; Electric sandwich toasters; Tea warmers (Electric -); Tea urns (Electric -); Electric ranges; Electromagnetic induction cookers [for household purposes]; Electric tea makers; Expresso coffee machines; Fondues [cooking apparatus]; Heating apparatus, electric; Heating plates; Electric coffee brewers; Microwave ovens; Waffle irons; Personal heating and drying implements; Electric warming pans for beds; Electric foot warmers [other than for medical use]; Hand-held electric hair dryers; Pads [cushions] (Heating -), electric, not for medical purposes.

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

The term ‘including’, used in the opponent’s list of goods, indicate that the specific goods are only examples of items included in the category and that protection is not restricted to them. In other words, they introduce a non-exhaustive list of examples (09/04/2003, T-224/01, Nu-Tride, EU:T:2003:107).

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

As a preliminary remark, it is to be noted that according to Article 33(7) EUTMR, goods or services are not regarded as being similar to or dissimilar from each other on the ground that they appear in the same or different classes under the Nice Classification.

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

Contested goods in Class 7

The contested sweeping, cleaning, and laundering machines; electric kitchen appliances for chopping, mixing, pressing; electric food processors (listed twice); food preparation machines, electromechanical; electric fruit presses for household use; crushers for kitchen use, electric; beaters, electric; whisks, electric, for household purposes; ironing machines (listed twice); shoe polishers, electric; electric ice crushing machines are identically contained in both lists of goods (including synonyms).

The contested robotic cleaning [vacuuming] machines for floors; robotic vacuum cleaners; electrical domestic machines for vacuuming; hand held vacuum cleaners (electric -); electrical vacuum cleaners for domestic use; electric vacuum cleaners; vacuum cleaning machines for use in households; cleaning (machines and apparatus for -), electric; wet and dry vacuum cleaners; vacuum cleaners; electric wax-polishing machines for household purposes; robotic cleaning machines; robotic cleaning [polishing] machines for floors; robotic cleaners for household purposes; wax-polishing (machines and apparatus for -), electric; parquet wax-polishers, electric; floor maintenance machines [electric] for polishing are included in the broad category of, or overlap with, the opponent’s cleaning apparatus, electric, for household use, namely vacuum cleaners and wax polishers. Therefore, they are identical.

The contested ironing machines for textile articles are included in the broad category of the opponent’s ironing machines. Therefore, they are identical.

The contested egg slicing machines; electric food slicers; electric babies' food processors; kitchen machines (electric - ) for food preparation [other than cooking]; machines for use in making whipped cream [electric, kitchen]; electrical squeezers for fruit and vegetable; electric meat slicers for kitchen use; poweroperated meat grinders; peeling machines (electric -) for use in the preparation of food; dough kneading machines (electric -); electric pasta makers for domestic use; grinders (electric -) for food preparation; electric vegetable peelers; spice grinders (electric -); hand implements (electric -) for use in barbecue cooking; garlic presses (electric -); electric pepper mills; electric graters; electric salt mills; food whisks (electric -); slicing machines (electric -) for kitchen use; electric kitchen tools; electric food choppers; electrical appliances used in kitchen for milling; machines for slicing food [electric, kitchen]; food processors (electric -) for domestic use; vegetable corers [machines]; potato peelers [electric machines];potato mashers [electric machines]; kneaders [electric kitchen machines]; meat cutters [electric machines] for household use; meat mincing machines [electric machines] for household use; grating machines for vegetables; electric pizza cutters; salad drainers [electric kitchen machines]; food processors; root slicing machines; liquidizers [kitchen machines]; vegetable washers [machines]; mills for household purposes, other than hand-operated; pepper mills, other than handoperated; electric mixers for household purposes; electric kitchen mixers; grain mills [machines]; robotic mechanisms for use in processing vegetables; robotic mechanisms for use in processing fruits are included in the broad category of, or overlap with, the opponent’s food preparation machines, electromechanical. Therefore, they are identical.

The contested electric fruit juice extractors; orange juice extracting machines [electric]; juice extracting machines; electric fruit squeezers; fruit squeezing machines [electric]; orange squeezing machines [electric] are included in the broad category of the opponent’s electric juicers. Therefore, they are considered identical.

The contested washing machines; electric washing machines; machines for washing clothing [electric]; washing apparatus; washing machines incorporating drying facilities are included in, or overlap with, the broad category of the opponent’s laundering machines. Therefore, they are identical.

The contested washing machines for pots; industrial vacuum machines for cleaning; steam cleaning machines; steam cleaners for household purposes; electrically operated suction cleaners [domestic]; electric steam cleaning machines; shoe cleaners [brushes, electric]; electric carpet shampooers; electric window cleaning equipment; carpet cleaning machines [electric]; dishwashers; dish washing machines for household purposes; high pressure washers; attrition machines for cleaning; carpet brushing machines; ultrasonic cleaning instruments for jewellery; cordless sweepers; carpet shampoo applicators (electric -); exterior clearing and cleaning equipment; street cleaning machines (hand-propelled -) are included in the broad category of, or overlap with, the opponent’s electric cleaning machines and apparatus. Therefore, they are identical.

The contested electrical beaters for carpets; beaters being electric appliances are included in the broad category of the opponent’s electric beaters. Therefore, they are identical.

The contested bread knives (electric -); butchers' knives (electric -); vegetable knives (electric -); kitchen knives (electric -) are included in the broad category of the opponent’s electric knives. Therefore, they are identical.

The contested laundry presses; electric clothing pressing machines; mangles [clothes pressing machines]; rotary steam presses, portable, for fabrics; laundry presses are included in the broad category of, or overlap with, the opponent’s ironing machines. Therefore, they are identical.

The contested beverage preparation machines, electromechanical; apparatus for aerating beverages; apparatus for aerating water are included in the broad category of, or overlap with, the opponent’s machines for making aerated beverages [electric]. Therefore, they are identical.

The contested electric coffee frothers; power-operated coffee grinders; electric milk frothers are included in the broad category of, or overlap with, the opponent’s beverage preparation machines, electromechanical. Therefore, they are identical.

The contested industrial robots are a very broad category and may include, as a broader category, or overlap with, the opponent’s presses (machines for industrial purposes). Since the Opposition Division cannot dissect ex officio the broad category of the contested goods, they are considered identical to the opponent’s goods.

The contested dry ice machines are included in the broad category of the opponent’s ice machines. Therefore, they are identical.

The contested machines and machine tools for treatment of materials and for manufacturing is a very broad category that includes or overlap with, the opponent’s sharpening machines. Since the Opposition Division cannot dissect ex officio the broad category of the contested goods, they are considered identical to the opponent’s goods.

The contested electric fan units for vacuum cleaners; dust filters and bags for vacuum cleaners; utensil baskets for dishwashing machines; bags of plastics for vacuum cleaners; replacement bags of paper for vacuum cleaners are accessories for cleaning machines such as vacuum cleaners and dishwashing machines, and therefore similar to the opponent’s electric cleaning machines and apparatus. They can have the same producers, distribution channels and end users. Moreover, they are complementary.

The contested laundry drying machines without heating; spin dryers for household purposes (not heated) are similar to the opponent’s electric cleaning machines and apparatus, which might include inter alia laundry machines. Some laundry machines include a drying function, and these products are produced by the same entities, distributed through the same channels and have the same end users.

The contested dispensing machines; vending machines; dispensing machines [other than vending machines]; refrigerated vending machines; vending machines (counter operated -); automatic dispensing machines have certain points in common with the opponent’s refrigerating cabinets, even if the dispensed goods have to be paid in the machine itself whereas the featured products in the opponent’s goods mostly are paid over a counter. If foods or other perishable goods are sold in these dispensing and vending machines, they have the common purpose, to keep the food fresh until being consumed. Furthermore, the goods may have the same producers, distribution channels and end consumers, such as shops and supermarkets. Therefore, they are similar to a low degree.

The contested current generators; glue guns, electric; hot air guns [electric]; electric power generators for emergency use; direct current generators; solar power generators; portable electric power generators; industrial robot sewing machines; robotic motor hand saws; snowblowers; dispensing machines for soap; electronic feeders for animals; gumball machines; dynamos; bicycle dynamos are dissimilar to all the opponent’s goods in Classes 7, 8, 11 and 21. Their natures, purposes, producers and methods of use are different. They have different distribution channels and sales outlets. In addition, they are neither in competition with, nor complementary to each other.

Contested goods in Class 8

The contested animal shearing implements; electric hair clippers for animals [hand instruments]; dog clippers are tools for shearing, clip and form hair on animals. They are included in the opponent’s broad category of hand tools [hand-operated]. Therefore, these goods are considered identical.

The contested manicure and pedicure tools; hand-pumped sprayers are also included in the broad category of, or overlap with, the opponent’s hand tools [hand-operated]. Therefore, they are identical.

The contested electric irons for styling hair; electric hair straightening irons; electric hair crimper are included in the broad category of the opponent’s electric and non-electric apparatus for designing and forming head hair, namely hair stylers. Therefore, they are identical.

The contested hygienic and beauty implements for humans and animals are at least similar to the opponent’s electric and non-electric apparatus for designing and forming head hair, namely hair stylers. They can have the same purpose, the same producers, the same distribution channels and end users.

The contested hair cutting and removal implements; flat irons; electric irons; electric steam irons; clippers for personal use [electric and non-electric]; razors; beard clippers; electrically operated hair clippers [hand instruments]; electric beard trimmers; electric hair clippers for personal use [hand instruments]; electric ear hair trimmers; electric nasal hair trimmers; hair clippers for personal use, electric and non-electric; depilation appliances, electric and non-electric; mustache and beard trimmers; electric shavers; non-electric razors; vibrating blade shavers; safety razors; temperature controlled electric flat irons are different tools for cutting, clipping, form and trim hair on humans and animals and therefore these goods are similar to the opponent’s electric and non-electric apparatus for designing and forming head hair, namely hair stylers. They have the same purpose, the same producers, the same distribution channels and end users. Moreover, some of them are in competition.

The contested razor cases; blades for electric razors; razor blades; cartridges containing razor blades; shaving cases; safety razor blades; dispensers for razor blades are all parts and accessories for razors, which are included in the opponent’s hand tools [hand-operated]. Therefore, they are similar to a low degree as the goods are complementary, are offered through the same distribution channels and are aimed at the same customers.

The contested goods in Class 11

Baby bottle warmers; electric tea makers are identically contained in both lists of goods.

The contested vehicle lighting and lighting reflectors; lighting apparatus for vehicles; bicycle dynamo lights; lamps for motor land vehicles; lamps for vehicle lighting; light emitting diode lights for automobiles; vehicle lights; accent lights for indoor use; illuminated push-buttons; lighting installations; lighting for display purposes; lighting armatures; lighting apparatus; light-emitting diodes [LED] lighting apparatus; organic light emitting diodes (OLED) lighting devices; lighting fixtures for household use; lighting fixtures for commercial use; decorative lighting sets; decorative electric lighting apparatus; dome lights for furniture; outdoor electrical lighting fixtures; electrical lighting fixtures; indoor electrical lighting fixtures; electrical lamps for indoor lighting; helmet lights; luminous house numbers; handheld spotlights; LED lighting assemblies for illuminated signs; LED light bulbs; LED luminaires; LED landscape lights; LED mood lights; LED flashlights; LED underwater lights; glow sticks; table lamps; wall lights are including in the broad category of the opponent’s apparatus for lighting purposes. Therefore, they are identical.

The contested steaming apparatus (electric -) for cooking; electric egg steamers for household purposes; electric vegetable steamer; electric food steamer are included in the broad category of the opponent’s steamers. Therefore, they are identical.

The contested exhaust hoods [cooker hoods]; electrically heated roasting skewers; ovens; electric heated urns; inset cooking tops; roasting spits [electric] for use with electricity; hot pots [electrically heated]; electric ovens; electric broiling pans; electric egg cookers; chip pans (electric -); kitchen machines (electric -) for cooking; electric rice cookers; fondues [cooking apparatus]; electromagnetic induction cookers [for household purposes]; electric ranges are included in the broad category of, or overlap with, the opponent’s apparatus for cooking purposes. Therefore, they are identical.

The contested automatic installations for making coffee; electric espresso machines; electric coffee brewers; expresso coffee machines; electric wireless coffeepots are included in the opponent’s broad category of, or overlap with, coffee makers (electric). Therefore, they are identical.

The contested heated cabinets for foodstuffs; electrically-heated mugs; electric bottle heaters; heating apparatus, electric; heating plates; microwave ovens; personal heating and drying implements; electric warming pans for beds; electric foot warmers [other than for medical use]; tea warmers (electric -); pads [cushions] (heating -), electric, not for medical purposes are included in the broad category of, or overlap with, the opponent’s apparatus for heating purposes. Therefore, they are identical.

The contested electric coffee filters are included in the broad category of the opponent’s electric coffee filter apparatus. Therefore, they are identical.

The contested electric refrigerators [for household purposes] are included in the broad category of the opponent’s apparatus for refrigerating purposes. Therefore, they are identical.

The contested waffle irons include, as a broader category the opponent’s electric waffle irons. Since the Opposition Division cannot dissect ex officio the broad category of the contested goods, they are considered identical to the opponent’s goods.

The contested electric roasters; electric sandwich toasters are included in the broad category of the opponent’s roasters. Therefore, they are identical.

The contested tea urns (electric -) are included in the broad category of the opponent’s tea makers (electric). Therefore, they are identical.

The contested hand-held electric hair dryers are included in the broad category of the opponent’s hair driers. Therefore, they are identical.

The contested diffusers being parts of lighting installations; electric light fittings are part and fittings for lighting apparatus. They are similar to a low degree to the opponent’s apparatus for lighting purposes, even if the mere fact that a certain product can be composed of several components does not automatically establish similarity between the finished product and its parts (judgment of 27/10/2005, T-336/03, Mobilix, EU:T:2005:379, § 61). The public may expect that these components are produced by, or under the control of, the original manufacturer. Furthermore, these products have the same distribution channels, and also to some extent the same end users, since diffusers and light fittings are parts that can be easily mounted by non-professionals. Furthermore, the goods are complementary.

2. Relevant public — degree of attention

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

In the present case, the goods found to be identical or similar to different degrees are directed at the public at large and at business customers with specific professional knowledge or expertise.

The degree of attention may vary from average to high, depending on the specialised nature of the goods, the frequency of purchase and their price.

3. The signs

	LOEWE
Earlier trade mark	Contested sign

The relevant territories are Czech Republic, Ireland, Cyprus, Lithuania, Austria, United Kingdom, Italy, Benelux, Slovenia, Sweden, Slovakia, Denmark, Poland, Croatia, Finland and France.

The global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components (11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 23).

The earlier mark is a figurative mark, consisting of the verbal element ‘LOEWE’ in black stylised letters. Around these letters is a drawing of a lion in profile.

The contested sign is a word mark, ‘LOEWE’.

The element ‘LOEWE’ of both signs has no meaning for the relevant public and is, therefore, distinctive.

The figurative element of the lion in the earlier mark will be understood as such, a lion, by the relevant public. This element is distinctive, as it is not descriptive, allusive or otherwise weak for the relevant goods.

The earlier mark has no element that could be considered clearly more dominant than other elements.

When signs consist of both verbal and figurative components, in principle, the verbal component of the sign usually has a stronger impact on the consumer than the figurative component. This is because the public does not tend to analyse signs and will more easily refer to the signs in question by their verbal element than by describing their figurative elements (14/07/2005, T‑312/03, Selenium-Ace, EU:T:2005:289, § 37).

Visually, the signs coincide in the verbal element ‘LOEWE’, which is centrally placed in the earlier mark and constitutes the entire contested mark. However, they differ in the stylisation of the earlier mark, including the distinctive figurative element of the lion.

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

Aurally, irrespective of the different pronunciation rules in different parts of the relevant territories, the pronunciation of the signs coincides in the sound of the letters ‛LOEWE’, present identically in both signs. This coinciding verbal element is distinctive.

Therefore, the signs are aurally identical.

Conceptually, although the public in the relevant territory will perceive the meaning of the figurative element of the lion in the earlier mark, as explained above, the other sign has no meaning in that territory. Since one of the signs will not be associated with any meaning, the signs are not conceptually similar.

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

4. Distinctiveness of the earlier mark

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

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

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

5. Global assessment, other arguments and conclusion

Evaluating likelihood of confusion implies some interdependence between the relevant factors and, in particular, a similarity between the marks and between the goods or services. Therefore, a lesser degree of similarity between goods and services may be offset by a greater degree of similarity between the marks and vice versa (29/09/1998, C‑39/97, Canon, EU:C:1998:442, § 17).

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

In the present case, the goods are partially identical, partially similar to various degrees and partially dissimilar. The degree of attention is average to high.

The signs are visually similar to an average degree and aurally identical. The distinctiveness of the earlier mark is normal.

Taking into account all the circumstances of the case, the differences between the marks are not sufficient to counterbalance the similarity between them. The relevant public may believe that the relevant goods come from the same undertaking or at least economically linked undertakings.

Indeed, it is highly conceivable that the relevant consumer will perceive the contested mark as a sub-brand, a variation of the earlier mark, configured in a different way according to the type of goods or services that it designates (23/10/2002, T‑104/01, Fifties, EU:T:2002:262, § 49).

Even consumers who pay a high degree of attention need to rely on their imperfect recollection of trade marks (21/11/2013, T‑443/12, ancotel, EU:T:2013:605, § 54).

Considering all the above, there is a likelihood of confusion on the part of the public.

It follows from the above that the contested trade mark must be rejected for the goods found to be identical or similar, even to a low degree, to those of the earlier trade mark. The high similarity of the signs counterbalances the low similarity of the goods.

The rest of the contested goods are dissimilar. As similarity of goods and services is a necessary condition for the application of Article 8(1) EUTMR, the opposition based on this Article and directed at these goods cannot be successful.

COSTS

According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 109(3) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division will decide a different apportionment of costs.

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

The Opposition Division

Loreto URRACA LUQUE

Lena FRANKENBERG GLANTZ

Claudia ATTINÀ

According to Article 67 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.