OPPOSITION No B 2 917 311

Staer International SA, Siderurgistilor 25, 800234 Galati, Romania (opponent), represented by Loyal Partners Agentie de Proprietate Intelectuala, Parcul de Soft, camera 307, Str. Portulul 23, 800025 Galati, Romania (professional representative)

a g a i n s t

Contorion GmbH, Friedrichstraße 224, 10969 Berlin, Germany (applicant), represented by Raphael Thomas, Oranienburger Str. 23, 10178 Berlin, Germany (professional representative).

On 18/09/2018, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 917 311 is partially upheld, namely for the following contested goods:

Class 6: Tool storage containers of metal [empty]; metal hardware; hooks of metal for clothes rails; knobs of metal; hooks [metal hardware]; boxes of common metal; chests of metal; clothes hooks of metal; baskets of metal; tool boxes of metal, empty; tool chests of metal, empty; fittings of metal for furniture; furniture casters of metal; boxes for storage purposes [metal].

Class 20: Nails, not of metal; locks, other than electric, not of metal; locks and keys, non-metallic; screws, not of metal; nuts, not of metal; screw cups, not of metal; socket head shoulder screws, not of metal; screw inserts, not of metal; non-metal expanding sleeves for affixing screws; tool storage containers (non-metallic -) [empty]; tap venting plugs of plastic; valves (non-metallic -) [taps] for controlling the flow of liquid into barrels; valves (non-metallic -) [taps] for controlling the flow of liquid out of barrels; non-mechanical reels of plastic materials for the storage of hose; non-mechanical, non-metallic reels for the storage of hose; plastic fittings [clips] for attachment to tubing; storing boxes, not of metal; wooden storage boxes; storage drawers [furniture]; closures for containers, non-metallic; non-metallic bins [other than dust bins]; water tanks (non-metallic -) [containers]; capsules [non-metallic containers]; slide closures (non-metallic -) for containers; reservoirs, not of metal nor of masonry; caps made of non-metallic materials for containers; containers (non-metallic -) for kegging beverages; corner fittings (non-metallic -) for containers; spears [valves], not of metal for use with containers; containers, not of metal [storage, transport]; containers, not of metal, for liquid fuel; liquid storage tanks [containers] made of non-metallic materials; non-metallic containers [other than for household or kitchen use]; non-metallic end closures for containers [other than for household or kitchen use]; containers (non-metallic -) in the form of bins; containers (non-metallic -) in the form of kegs; composite caps for containers [non-metallic and not for household or kitchen use]; combined containers [non-metallic and not for household or kitchen use]; containers (non-metallic -) for liquids [other than for household or kitchen use]; combined closures for containers [non-metallic and not for household or kitchen use]; containers, and closures and holders therefor, non-metallic; containers (non-metallic -) for the handling of goods [other than household or kitchen use]; bins designed to facilitate accelerated breakdown of organic matter [non-metallic]; combined lids for containers [non-metallic and not for household or kitchen use]; combined stoppers for containers [non-metallic and not for household or kitchen use]; binding screws, not of metal, for cables; cable drums (non-mechanical -) of non-metallic materials; shelves for storage; trestles [furniture]; clips, not of metal, for cables and pipes; bolts, not of metal; office furniture; brush mountings; boxes of wood or plastic; dowels, not of metal; plugs [dowels], not of metal; shelves for file cabinets; furniture shelves; barrels, not of metal; casks, not of metal; window fittings, not of metal; window stops, not of metal or rubber; sash fasteners, not of metal, for windows; window fasteners, not of metal; handling pallets, not of metal; work benches; stools; edgings of plastic for furniture; bins, not of metal; numberplates, not of metal; drain traps [valves] of plastic; water-pipe valves of plastic; loading pallets, not of metal; cask stands, not of metal; tool boxes, not of metal, empty; tool chests, not of metal, empty; furniture; furniture of metal; furniture fittings, not of metal; mobile boarding stairs, not of metal, for passengers; troughs, not of metal, for mixing mortar; rivets, not of metal; moldings [mouldings] for picture frames; picture frame brackets; racks [furniture]; shelving units; collars, not of metal, for fastening pipes; saw benches [furniture]; saw horses; hinges, not of metal; keyboards for hanging keys; split rings, not of metal, for keys; cupboards; vice benches [furniture]; seats of metal; mirrors (silvered glass); mirror tiles; ladders of wood or plastics; poles, not of metal; steps [ladders], not of metal; transport pallets, not of metal; step stools, not of metal; door fittings, not of metal; door bolts, not of metal; door stops, not of metal or rubber; door handles, not of metal; door bells, not of metal, non-electric; door fasteners, not of metal; valves, not of metal, other than parts of machines; packaging containers of plastic; stoppers, not of metal; curtain rings; pulleys of plastics for blinds; curtain rails; ladders and movable steps, non-metallic; furniture for industrial use.

Class 27: Wallpaper; wallpaper of cork; wallpaper with a textile covering; non-textile wallpaper; floor coverings; vinyl floor coverings; linoleum; mats; textile wallpaper.

2. European Union trade mark application No 16 507 006 is rejected for all the above goods. It may proceed for the remaining goods.

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 all the goods of European Union trade mark application No 16 507 006 for the word mark ‘STIER’. The opposition is based on Romanian trade mark registration No 68 433 for the figurative mark . The opponent invoked Article 8(1)(b) EUTMR and Article 8(5) EUTMR.

PROOF OF USE

In accordance with Article 42(2) and (3) EUTMR (in the version in force at the time of filing of the opposition, now Article 47(2) and (3) EUTMR), if the applicant so requests, the opponent must furnish proof that, during the five-year period preceding the date of publication of the contested trade mark, the earlier trade mark has been put to genuine use in the territories in which it is protected in connection with the goods or services for which it is registered and which the opponent cites as justification for its opposition, or that there are proper reasons for non-use. The earlier mark is subject to the use obligation if, at that date, it has been registered for at least five years.

The same provision states that, in the absence of such proof, the opposition will be rejected.

On 29/03/2018, the applicant submitted a request for proof of use. However, the request was not filed by way of a separate document as required by Article 10(1) EUTMDR. Therefore, the request for proof of use is inadmissible pursuant to Article 10(1) EUTMDR.

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 and services

The earlier Romanian trade mark No 68 433 is registered for the entire class headings of Classes 20, 35 and 42 of the Nice Classification. It was filed on 22/09/2005. Since the opponent indicated in the opposition notice that the opposition is based only on part of the goods and services, the Opposition Division considers that the scope of protection for the goods and services listed in the notice of opposition is limited to their literal meaning, namely the natural and usual meaning of the general indications in the headings.

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

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

Class 35: Advertising; business management; business administration; office functions.

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services, creation and development of computer hardware and software; legal services.

The contested goods are the following:

Class 1: Protective gases for welding; refrigerants; automobile tire inflator sealers; compositions for repairing inner tubes of tires [tyres]; agglutinants for concrete; binding chemicals for concrete; concrete preservatives, except paints and oils; concrete-aeration chemicals; chemical preparations for use in industry; damp-proofing chemicals, except paints, for masonry; textile-waterproofing chemicals; cement-waterproofing chemicals, except paints; textile-impregnating chemicals; leather-impregnating chemicals; soldering chemicals; chlorine; chlorides; descaling preparations, other than for household purposes; degreasing preparations for use in manufacturing processes; preparations for the separation of greases; fire extinguishing compositions; fire-extinguishing compositions, in particular fire-extinguishing foams; chemicals for use in fire extinguishing compositions; fireproofing preparations; brazing fluxes; soldering fluxes; metal welding flux; antifreeze; antifreezing liquids; additives for frost protection; anti-freeze for vehicle cooling systems; antifreeze for vehicle radiators; compositions for threading; glaziers’ putty; graphite for industrial purposes; expanded graphites; artificial graphite for industrial purposes; natural graphite for industrial purposes; absorbent graphites; gum solvents; gum solvents [other than for household purposes]; hydraulic fluids; hydraulic oils for brake circuits; oils for hydraulic suspensions; fluids for hydraulic apparatus; additives (chemical -) for hydraulic fluids; oils for hydraulic cushions; oils for hydraulic circuits; hydraulic fluids for general use; hydraulic fluids containing four or more carbon atoms; cement for mending broken articles; adhesives for use in industry; gums [adhesives] for industrial purposes; rubber based adhesives for industrial use; adhesives of synthetic origin for industrial use; adhesives used in industry, in particular in the construction industry; synthetic resin adhesives for industrial purposes; adhesives for wall tiles; preservatives for tiles, except paints and oils; rubber preservatives; preservatives for rubber [chemicals]; masonry preservatives, except paints and oils; brickwork preservatives, except paints and oils; salt for preserving, other than for foodstuffs; coolants for vehicle engines; mastic for leather; leather glues; glue for industrial purposes; separating and unsticking [ungluing] preparations; solvents for varnishes; brazing preparations; coatings in the nature of solder mask for the manufacture of electronic parts; magnesite; magnesite clinkers; delustering agents; glass-frosting chemicals; oil-bleaching chemicals; oil dispersants; oil cement [putty]; oil-purifying chemicals; foundry mould wash; detergent additives for lubricants; solvents for use in the cleaning of machines during manufacturing processes; anti-boil preparations for engine coolants; mastic for tires [tyres]; salts for industrial purposes; inorganic salts for industrial purposes; solidified protective gases for welding; gases for use in flame spraying; automobile body fillers; body fillers for use in the aerospace industry; motor vehicle body fillers; finishing preparations for use in the manufacture of steel; starches for the fixing of floorings; starch paste [adhesive], other than for stationery or household purposes; wallpaper removing preparations; adhesives for paperhanging; gum tragacanth for industrial purposes; propellant gases for aerosols; solidified gases for industrial purposes; water-softening preparations; cement [metallurgy]; cement preservatives, except paints and oils; citric acid for industrial purposes; auxiliary fluids for use with abrasives; preservatives for buildings [except paints and oils]; brickwork and masonry preservatives (not paints and oils); compositions for preserving cement [except paints or oils]; fire absorbent chemicals for use in the manufacture of fire retardant paints; compositions for preserving brickwork [except paints or oils]; industrial chemicals for use in the manufacture of colorants; raw material for lacquers; solvents for lacquers; chemical additives for varnishes; defoaming agents for the coagulation of lacquers; industrial chemicals for use in the manufacture of varnishes; chemical auxiliaries for use in the coagulation of lacquers; chemical preservatives for use as corrosion inhibitors on automobile exhaust systems; chemicals for use in the manufacture of abrasives; synthetic resins for use in the manufacture of blast cleaning abrasives; chemical substances for use as additives to industrial lubricating greases; chemical additives for lubricants; chemical additives for use in the production of lubricants; chemical products for addition to lubricants for decarbonising; polyglycols for use in the manufacture of lubricants; oleic acid for use in the manufacture of lubricating oils; chemical substances for use as additives to industrial lubricating oils; dust suppressing chemicals for use on grain; additives (chemical -) for industrial greases; caustics for industrial purposes; acetone; brake fluid; chemical preparations for facilitating the alloying of metals; chemical intensifiers for rubber; chimney cleaners, chemical; chemical additives for oils; distilled water; decolorants for industrial purposes; mould-release preparations; dehydrating preparations for industrial purposes; leather-waterproofing chemicals; filtering materials [chemical preparations]; filtering materials [mineral substances]; filtering materials [unprocessed plastics]; liquids for removing sulfates from batteries; tanning substances; oils for tanning leather; foundry sand; gum arabic for industrial purposes; calcium cyanamide [fertilizer]; calcium salts; disincrustants; anti-incrustants; clarification preparations; adhesive preparations for surgical bandages; gluten [glue], other than for stationery or household purposes; dispersions of plastics; synthetic materials for absorbing oil; unprocessed plastics; litmus paper; currying preparations for leather; oils for currying leather; anti-frothing solutions for batteries; metal hardening preparations; soap [metallic] for industrial purposes; metal annealing preparations; preparations for preventing the tarnishing of lenses; anti-tarnishing chemicals for windows; preparations for preventing the tarnishing of glass; leather-dressing chemicals; metal tempering preparations; condensation-preventing chemicals; tensio-active agents; oils for preparing leather in the course of manufacture; detergent additives to petrol [gasoline]; lamp black for industrial purposes; carbon black for industrial purposes; soot for industrial or agricultural purposes; cement for footwear; starch for industrial purposes; aluminium hydrate; aluminum oxide; aluminium acetate; peat [fertilizer]; plasticizers; emollients for industrial purposes; adhesives for industrial use in the form of flakes; adhesives for industrial use in the form of coatings.

Class 2: Anti-corrosive preparations; anti-corrosive preparations for vehicles; anti-corrosive products for metals; anti-corrosive agents having descaling properties; anti-rust preparations; preparations for preserving metal against rust; rust preservatives in the nature of a coating; rust preventive substances for application to metal surfaces; preparations for use as fire retardants [paints]; alizarine dyes; aluminium paints; aluminium powder for painting; aniline dyes; paints and washes; preservatives for brickwork [paints]; paints for protection against corrosion; preparations for waterproofing [paints]; surface coating compositions [paints]; polyurethane coatings [paints]; preservatives for concrete [paints]; conductive paints; paint sealers; anti-graffiti coatings [paint]; bactericidal paints; protective surface coatings [paints]; polyurethane finishes [paints]; conversion coatings [paints]; water sealant preparations [paints]; anti-corrosive coatings [paints]; preservatives for metals [paints]; damp resisting preparations [paints]; preservatives for cement [paints]; preparations for priming purposes [paints]; conversion coating compositions [paints]; wall coatings [paint]; acrylic coatings [paints]; retouching pens [paints]; anti-static paints; protective coating compositions [paints]; siccatives [drying agents] for paints; thickeners for paints; binding preparations for paints; weatherproofing coatings [paints]; waterproofing compounds [paint]; waterproof coatings [paints]; textured coatings [paints]; organic coatings [paints]; glazes [paints, lacquers]; tinters for paints; thinners for paints; phosphorescent paints; textured wall coatings [paints]; synthetic thickeners for paints; corrosion resistant paint containing phenol; fireproof paints; polytetrafluoroethylene non-stick coatings [paints]; protective coatings for repelling water [paint]; preservatives for tiles [paints]; protective coatings for roofs [paints]; protective coatings for buildings [paints]; damp proofing preparations [paints] for masonry; organic binding agents for paints; elastomer waterproof coating preparations [paints]; moisture repellant coatings [paints]; materials [paints] for damp proof treatment; industrial paints for use on coils; barium sulphate pigment for paints; preservatives for the surfaces of buildings [paints]; weathering preservatives [paints]; paints having flexible properties; paints having remedial properties; protective coatings for balconies [paints]; protective coatings for walkways [paints]; organic thickening agents for paints; protective coatings for concrete forms [paints]; synthetic resin primers [paints]; preservatives for buildings [paints]; colorants for use in formulating paints; rubber coatings in the nature of paint; paints for protection against fire; colouring matter for use in paints; paints for protection against graffiti; non-stick coatings in the nature of paints; sealing compositions in the nature of paint; acrylic protective coatings [in the nature of paint]; paints for use in removing mould; fungicidal coatings in the nature of paints; paints for protection against vandalism; weatherproofing coatings [paints] for concrete; weatherproofing coatings [paints] for masonry; coatings for use as primers; turpentine substitute for use as a thinner in paints; plastic priming preparations in the nature of paint; paints for use in preventing mould; preparations for drying paints; surface treatment materials in the nature of paints; coatings for forms [paints or oils]; non-metallic waterproofing materials in the nature of paint; preparations for use as flame retardants [paints]; protective coating materials in the nature of paint; preparations for inhibiting moisture [paints]; undercoats [paints] for use on metal; substances [paints] for inhibiting attacks from water; compositions for preserving cement [paints]; water repellent coatings [paints] for masonry; agglutinants for paints and for putty; compositions for preserving brickwork [paints]; coatings being intumescent [paints or oils, other than building materials]; coatings being inorganic [paints or oils, other than building materials]; paint additives in the nature of tinting colours; water repellents in the nature of paints; foamable paints for fireproofing steel structures; water based colorants in the nature of paints; paint additives in the nature of binders; compositions for the repair of concrete [in the nature of paint]; compositions for the repair of mortar [in the nature of paint]; protective coatings for waterproofing surfaces of buildings [paints]; powders in the nature of paint for use as coatings; moisture absorbent coatings in the nature of paints; processed minerals for use as additives to paints; intumescent paint for protection against fire; thinners for lacquers and other paints; undercoats [paints] for use on wood; compositions for preserving concrete [paints]; liquified plastics in the nature of paints for use as surface coatings; preparations [paints] containing agents for preventing attack of wood by insects; coatings to protect stone from water [paints or oils]; coatings for the finishing of surfaces [paints or oils]; preparations for use as waterproofing coatings on the surfaces of structures [paints]; preparations for use as waterproofing coatings on the surfaces of buildings [paints]; materials for use in maintaining buildings [paint]; protective coatings for application in liquid form for use on concrete [paint]; liquid plastics surface coatings [paints] for protection against moisture; materials for use in preserving buildings [paints]; coating compositions for preserving masonry [paints or oils]; coatings for the finishing masonry [paints or oils]; coating compositions for preserving concrete [paints or oils]; substances for inhibiting damage from oil [paints]; coating compositions for application to brickwork [paints or oils]; protective coatings with sealing qualities for use on concrete [paints]; coating compositions for preserving stonework [paints or oils]; coating compositions for application to concrete [paints or oils]; materials in the nature of coatings for building purposes [paints]; materials for use in protecting buildings [paints]; waterproofing compositions in the nature of paint; preservatives against the deterioration of masonry; preparations [paints] containing agents for preventing attack of wood by rot; coatings to protect concrete from water [paints or oils]; protective coatings in the form of sprays for use on concrete [paints]; preparations [paints] containing agents for preventing attack of wood by fungus; coatings to protect masonry building walls from water [paints or oils]; elastomer waterproof preparations in the nature of paint for preserving asbestos roofs; anti-fouling paints; asbestos paints; black japan; mordants; stains for use on leather; weather sealing stains; stains as paint; mordants for use in industry; mordants [fixatives] for water colours; mordants [fixatives] in the nature of varnishes; bitumen varnish; bronzing lacquers; coatings for roofing felt [paints]; enamels [varnishes]; enamels for painting; dyes, colorants, pigments and inks; colouring matter for use on enamel; colouring matter for use on glassware; dyes for use on plastics; colorants for mortars; colorants; thinners and thickeners for coatings, dyes and inks; varnishes; sumac for varnishes; fixatives [varnishes]; engraving ink; primers; sealant primers; high solids primers; primers for preparing surfaces to be painted; primer thinners; epoxy primers; gamboge for painting; gum resins; gum-lac; wood coatings [paints]; wood mordants; water repellent fungicidal wood stains; wood stains; wood preservatives; french polish; oils for the preservation of wood; anti-corrosive bands; creosote for wood preservation; organometallic coating materials; lacquers [paints]; anti-static coatings; resinous coatings; binders for varnishes; lacquers for use by painters; thickeners for lacquers; thinners for lacquers; additives for use in coatings; lacquers in the nature of a coating; coatings for use on walls; transparent coating compositions [paints]; urushiol-based lacquers; lacquers in the nature of paints; water based lacquers [other than insulating]; coatings for preventing staining [other than chemicals]; ground coatings [paints and oil]; coating preparations for protection against friction; lacquer for making decalcomanias; glazes; coating compositions for application to stonework [paints]; coatings in the nature of electrolytic materials [paints]; floor sealing compounds [paints and oils]; lacquers for transfer printing; coatings in the nature of electrophoretic materials [paints]; spray coatings [varnishes]; transparent finishes for wood; coatings containing reflective beads; automotive undercoat compounds; products for sealing brickwork [paints]; preparations for the protection of masonry surfaces; metal surface treating agents [paints]; products for sealing concrete [paints]; products for protecting concrete [paints]; raw natural resins for use in the manufacture of varnishes; coatings for waterproofing [except chemicals]; finishing preparations for treating wood; reflective coatings for use in forming mirrors [paints]; lacquers for the repair of motor vehicles; transparent finishes in the nature of paint; lacquers for use in industry; coatings for the finishing of concrete; lacquer for making multiple colour dry transfer sheets; coating compositions in the nature of lacquers; preparations for thinning lacquer; coatings in the nature of paints for use on vehicles; coatings in the nature of paint for use on wood; coatings in the nature of paint for use on the bottom of ships; coatings in the nature of sprays [paints]; coatings in the nature of paints for use in the automotive industry; electrically conductive pigments for use in the manufacture of lacquers; metal foil for use in painting, decorating, printing and art; foils of metal for use by painters; metal foil for painters, decorators, printers and artists; metals in powder form for use in painting, decorating, printing and art; metals in powder form for painters; metal powder for use by decorators; metal powders for painters, decorators, and artists; metals in powder form for painters, decorators, printers and artists; metallic powders for use in thermal spraying; coloured metallic powders; protective preparations for metals; anti-tarnishing preparations for metals; anti-rust greases; undercoating for vehicle chassis; rust inhibiting preparations in the nature of a coating for use on vehicles; anti-rust oils; shellac for use as a surface coating; turpentine [thinner for paints]; coatings; watercolour paints for use in art; distempers; fixatives for watercolors [watercolours]; bronze powder for painting; cobalt oxide [colorant]; cochineal carmine; yellowwood [colorant]; turmeric [colorant]; indigo [colorant]; carbonyl [wood preservative]; ceramic paints; mastic [natural resin]; carbon black [pigment]; stains for leather; red lead; annotto [dyestuff]; pigments; soot [colorant]; lamp black [pigment]; blacks [colorants or paints]; sienna earth; silver emulsions [pigments]; silver paste; silvering powders.

Class 3: furbishing preparations; floor treatment compositions; foam detergents; glass cleaning preparations; cleaning compositions for spot removal; cleaning preparations in the form of foams; windscreen cleaning preparations; detergent compositions for cleaning shoes; cleaning preparations for leather; cleaning preparations for use on tiles; cleaning agents for metal; cleaning agents for stone; carpet cleaning preparations; wallpaper cleaning preparations; paint removing compositions; paint stripping preparations; solvents for removing paints; lacquer-removing preparations; solvents for removing varnishes; diamantine [abrasive]; canned pressurized air for cleaning and dusting purposes; colour-removing preparations; degreasing solvents, other than for use in manufacturing processes; corundum [abrasive]; cleaning chalk; floor wax removers [scouring preparations]; carbides of metal [abrasives]; cloths impregnated with a detergent for cleaning; preparations for unblocking drain pipes; washing soda, for cleaning; polishing creams; buffing compounds; window cleaners [polish]; automobile polishes; polishing powders; denture polishes; polish for musical instruments; cloths impregnated with polishing preparations for cleaning; leather and shoe cleaning and polishing preparations; polishing paper; polishing rouge; polishing stones; polishing wax; prepared wax for polishing; volcanic ash for cleaning; windscreen cleaning liquids; rust removing preparations; non-slipping liquids for floors; non-slipping wax for floors; sandpaper; abrasives; flexible abrasives; silicon carbide [abrasive]; industrial abrasives; abrasive paper; abrasive rolls; abrasive strips; emery paper; sandcloth; turpentine for degreasing; oil of turpentine for degreasing; scouring solutions; bleaching salts; deodorant soap; stain removers; shining preparations [polish]; starch glaze for laundry purposes; leather bleaching preparations; creams for leather; leather preservatives [polishes]; shoe cream; shoe polish; soap; soap pads; soaps in gel form.

Class 4: Oils for use with machine tools; lubricants for the protection of the chains of chainsaws; lubricants for use in machine cutting; additives (non-chemical -) for hydraulic fluids; preservatives for rubber [grease]; linseed oils for paints; oils for paints; oils for releasing form work [building]; dust removing preparations; lubricating graphite; oils for the preservation of masonry; preserving oils for masonry or leather; industrial oil; non-mineral oils for industrial purposes [not for fuel]; paraffin; industrial paraffins; dispersions of paraffins in water for use in waterproofing particle boards; grease for belts; non-slipping preparations for belts; lubricating grease; automotive greases; belt dressings; lubricants for cables; lubrication grease for vehicles; grease for machines; lubricants; spray-on lubricants; synthetic lubricants; solid lubricants; lubricants for machines; lubricants for aircraft engines; oil based lubricants; motor vehicle lubricants; lubricating oils [industrial lubricants]; lubricants for industrial apparatus; lubricants being gear oils; lubricants of agricultural origin; lubricants for use in industrial processes; lubricants for polymeric surfaces; lubricants for plastic materials; automobile lubricants; lubricants for metallic surfaces; lubricants containing low friction additives; lubricants for metal working; solid lubricants for textiles; lubricants for agricultural implements; lubricants having cleaning properties; industrial lubricants; lubricants for conveyor chains containing a disinfecting agent; lubricants for conveyor belts containing a cleaning agent; lubricating agents in the form of graphite powder; lubricants for use on conveyors; lubricating agents in the form of talcum powder; lubricants for use with coaxial telephone cables; lubricants in the nature of oils; lubricants for use with power cables; lubricants for use in the machining of metal; non-chemical additives for lubricants; lubricants for conveyor chains containing a corrosion inhibitor; lubricants for use on wire ropes; industrial oils and greases, lubricants; linseed oil for use as a lubricant; preparations for loosening rusted metal components; lubricants for demounting pneumatic tyres; synthetic lubricants in the form of aerosols; lubricants for mounting pneumatic tyres; lubricants and industrial greases, waxes and fluids; non-chemical additives to organic working fluids to act as in-situ lubricants; lubricating oil; synthetic lubricating oils; lubricating oil for motor vehicle engines; lubricating oils for petrol engines; lubricating oils being hydraulic oils; lubricating oils for automotive apparatus; mineral lubricating oils; lubricating oils for wheels; lubrication oils for industrial refrigeration apparatus; lubricating oils for the cutting of metal pieces; lubricating oils for the shaping of metal pieces; lubricating oils for use as a cutting fluid; lubricating oils for cooling metal during cutting; lubricating oils containing additives which protect metal against wear by friction; cutting fluids; soluble cutting oils; non-soluble cutting oils; metalworking [cutting] fluids; cutting oil for industrial metal working; non-chemical additives for cutting oils; dust controlling compositions; dust binding compositions for sweeping; petroleum-based dust absorbing compositions; dust binding compositions in the nature of oils; industrial grease; greases for technical purposes; animal fat for technical uses; petroleum jelly for industrial purposes; industrial wax; fuel gas; fuel oil; fuel with an alcoholic base; fuel; ethanol [fuel]; vaporized fuel mixtures; diesel oil; gasoline; wood spills for lighting; firelighters; grease for leather; greases for the preservation of leather; oils for the preservation of leather; lighting fuel; dust absorbing compositions; motor oil; belting wax; grease for footwear; peat [fuel]; peat briquettes [fuel]; solidified gases [fuel]; wax [raw material]; industrial oils for the lubrication of surfaces.

Class 6: Cut nails; nails; nails of metal; metal brads; tacks of metal; cable drums (non-mechanical -) of metal; locks of metal; locks of metal, other than electric; metal keys for locks; locks and keys, of metal; locks and keys; screws of metal; wood screws made of metal; nuts of metal; screw covers of metal; tool storage containers of metal [empty]; flexible tubes of metal; pipes, tubes and hoses, and fittings therefor, including valves, of metal; floor tiles of metal; binding screws of metal for cables; cable joints of metal, non-electric; metal foil; metals in powder form; metal powders used in manufacturing; gutter pipes of metal; bicycle parking installations of metal; branching pipes of metal; aluminium; aluminium wire; aluminium foil; aluminium slabs; jets of metal; reinforcing materials of metal for building; fittings of metal for compressed air lines; reinforcing materials of metal for machine belts; cladding of metal for building; bindings of metal; bands of metal for tying-up purposes; fittings of metal for building; building materials of metal; refractory construction materials of metal; awnings of metal [building materials]; building panels of metal; clips of metal for cables and pipes; tanks of metal; containers of metal for compressed gas or liquid air; closures of metal for containers; shuttering of metal for concrete; thread of metal for tying-up purposes; binding thread of metal for agricultural purposes; metals in foil or powder form for 3d printers; sheets and plates of metal; cold rolled sheet metal; sheets of aluminium; tile floorings of metal; bolts of metal; vats of metal; chromium; chrome ores; containers of metal [storage, transport]; roof coverings of metal; roofing of metal; roofing of metal, incorporating photovoltaic cells; pantiles of metal; roof gutters of metal; roofing tiles of metal; wire of common metal; wire of common metal alloys, except fuse wire; wire cloth; wire rope; ropes of metal; underdrainage pipes of metal; penstock pipes of metal; pegs of metal; wall plugs of metal; nozzles of metal; brackets of metal for building; metal hardware; iron wire; iron ores; locks of metal for vehicles; barrels of metal; taps of metal for casks; barrel hoops of metal; springs [metal hardware]; filings of metal; ironwork for windows; fittings of metal for windows; window stops of metal; window frames of metal; sash fasteners of metal for windows; window casement bolts; window casement bolts of metal; furnace fireguards of metal; bolts, flat; flanges of metal [collars]; foils of metal for wrapping and packaging; handling pallets of metal; hoppers of metal, non-mechanical; door scrapers; floors of metal; sheaf binders of metal; hooks of metal for clothes rails; scaffolding of metal; framework of metal for building; latticework of metal; bars for metal railings; knobs of metal; ferrules of metal for handles; hooks [metal hardware]; hooks of metal for roofing slates; slings of metal for handling loads; metal name plates; insect screens of metal; tiles of metal for building; chimney pots of metal; chimney cowls of metal; boxes of common metal; chests of metal; rope thimbles of metal; flashing of metal for building; angle irons of metal; roof flashing of metal; couplings of metal for chains; cramps of metal [crampons]; drain traps [valves] of metal; water-pipe valves of metal; clothes hooks of metal; joists of metal; vice claws of metal; baskets of metal; copper rings; loading pallets of metal; cask stands of metal; anti-friction metal; straps of metal for handling loads; laths of metal; duckboards of metal; tool boxes of metal, empty; tool chests of metal, empty; alloys of common metal; guard rails of metal; ducts of metal for ventilating and air-conditioning installations; reinforcing materials of metal for pipes; welding wire; rods of metal for brazing; rods of metal for welding; magnesium; wall claddings of metal for building; reinforcing materials, of metal, for concrete; ores of metal; bottles [metal containers] for compressed gas or liquid air; cables of metal, non-electric; chains of metal; frames of metal for building; rings of metal; rods of metal for brazing and welding; fittings of metal for furniture; furniture casters of metal; mobile boarding stairs of metal for passengers; troughs of metal for mixing mortar; sleeves [metal hardware]; window openers, non-electric; window closers, non-electric; door bells of metal, non-electric; door openers, non-electric; door closers, non-electric; copper wire, not insulated; beacons of metal, non-luminous; signs, non-luminous and non-mechanical, of metal; signalling panels, non-luminous and non-mechanical, of metal; road signs, non-luminous and non-mechanical, of metal; reels of metal, non-mechanical, for flexible hoses; winding spools of metal, non-mechanical, for flexible hoses; nickel; rivets of metal; posts of metal; palings of metal; paving slabs of metal; paving blocks of metal; stops of metal; mouldings of metal for cornices; latches of metal; lock bolts; common metals, unwrought or semi-wrought; cast iron, unwrought or semi-wrought; steel, unwrought or semi-wrought; lead, unwrought or semi-wrought; brass, unwrought or semi-wrought; iron, unwrought or semi-wrought; copper, unwrought or semi-wrought; tubes of metal; elbows of metal for pipes; pipework of metal; pipe muffs of metal; collars of metal for fastening pipes; junctions of metal for pipes; locks of metal for bags; containers of metal for storing acids; tubbing of metal; manhole covers of metal; strap-hinges of metal; hinges of metal; washers of metal; signboards of metal; keys of metal; split rings of common metal for keys; grease nipples; buckles of common metal [hardware]; spring locks; chimney shafts of metal; vice benches of metal; braces of metal for handling loads; soldering wire of metal; sills of metal; eye bolts; pulleys of metal, other than for machines; safety chains of metal; silver solder; nickel silver; silicon iron; tension links; wire stretchers [tension links]; stretchers for iron bands [tension links]; tension links of metal; stretchers for metal bands [tension links]; ladders of metal; barbed wire; steel sheets; steel alloys; steel wire; steel tubes; poles of metal; steps [ladders] of metal; pins [hardware]; ferrules of metal for walking sticks; street gutters of metal; props of metal; containers of metal for liquid fuel; titanium; beams of metal; transport pallets of metal; machine belt fasteners of metal; belt stretchers of metal; partitions of metal; stair treads [steps] of metal; step stools of metal; ironwork for doors; door fittings of metal; door bolts of metal; doors of metal; door stops of metal; door panels of metal; door handles of metal; latch bars of metal; door knockers of metal; door frames of metal; door fasteners of metal; runners of metal for sliding doors; shims; valves of metal, other than parts of machines; linings of metal for building; tinplate packings; packaging containers of metal; casings of metal for oilwells; sealing caps of metal; silver-plated tin alloys; manifolds of metal for pipelines; chimneys of metal; padlocks; wall tiles of metal; wall linings of metal for building; water-pipes of metal; tinplate; brackets of metal for furniture; metal brackets for use in the construction and assembly of decking; tungsten; fences of metal; ducts of metal, for central heating installations; ceilings of metal; zinc; tin; zirconium; tacks [nails]; ferrules of metal; vaults and safes; vaults and safes, of metal; strongrooms [safes] of metal; cashboxes [metal or non-metal]; metal safes; safes, electronic; safes [metal or non-metal]; bins [metal structures]; containers, and transportation and packaging articles, of metal; ladders and scaffolding, of metal; boxes for storage purposes [metal]; metal goods for use in construction; nuts, bolts and fasteners, of metal; anchor plates; anchorage plates of metal; cotter pins of metal.

Class 7: Nailing machines; compressors; electric compressors; air condensers [compressors]; compressors [machines]; compressors for refrigerators; engines for compressors; compressors for dehumidifying machines; compressors for machines; compressors for air conditioning apparatus; saw blades [parts of machines]; blades for circular saws; saw blades for use with power tools; blades for power saws; pneumatic grease guns; grease guns operated by compressed air; drill sharpening machines; boring tools [machine tools]; drills [power tools]; rotary drills [parts of machines]; drilling machines; rotary drills [machines]; drill aligning instruments being machines; circuit board drills [machines or machine tools]; keys for securing borers [machine]; drill aligning instruments for use with machines; drill aligning squares being machines; keys for releasing borers [machine]; drill presses [power tools]; drills being cordless electric power tools; drill presses being machines; power drills and bores; portable drilling machines [electric]; drilling machines [for metalworking]; drilling tips for drilling machines; rock bits for drilling machines; cement drills for drilling machines; drilling machine supports; drill stands for drilling machines; cordless electric drills; drilling bits [parts of machines]; self-driven machines for drilling; boring machines for use in woodworking; numerically controlled drilling machines; portable drill stands [machines]; steerable drilling machinery for earth displacement; drilling machines and parts therefor; drill chucks for power drills; multiple spindle heads for use in drilling [parts of machines]; multiple spindle heads for use in drilling [machines]; numerically controlled drilling machines with co-ordinate tables; diamond cutting tools for machines; compressed air machines; electric sharpeners; abrasive wheels for power-operated grinders; grinding machines; machine tools for grinding; automatic grinding machines; grinding machines with spiral bevel gears; flap discs for power-operated grinders; grinding machines [for metalworking]; sanding machines [for woodworking]; grinding tools for grinding machines; grinders [hand-held power driven]; wire wheels for power-operated grinders; milling machines and grinding machines for the treatment of ceramics and metal; grinding machines for refacing the edges of tools; grinding machines for cutting tools; heavy duty grinding machines; involute grinding machines; jig saws; jig-saws [machines]; power-operated jig saws; electric jacks; jacks [machines]; pneumatic jacks; hydraulic jacks; stands for hydraulic jacks; power operated tools; thread mills [power tools]; countersinks [power tools]; tile saws [power tools]; portable electric power tools; end mills [power tools]; riveters [powered tools]; riveting hammers [powered tools]; awls [powered tools]; discs for abrading for use with power tools; anti-kickback devices for power tools; extension bars for power tools; discs for cutting for use with power tools; auger bits for use with powered tools; head attachments for power tools; blades for powered tools; collets [power tool parts]; circular saws being portable electric power tools; collets for power tools; power tools for use in ice sculpting; abrasive sheets all being parts of machines or power tools; burrs [power tools]; reamers [power tools]; locomotive cranes; blowing engines; generators; power installations [generators]; power supply apparatus [generators]; emergency power generators; electric power supplies [generators]; power generators for vehicles; alternators; emergency power supply generators; hedge trimmers [machines]; power driven hedge shears; rechargeable hedge cutters; cordless sweepers; sweeping machines for use in swimming pools; edgers [machines]; line trimmers for garden use; string trimmers [power lawn and garden tools]; power saws; electric chain saws; machines for scouring; machines for sanding floors; blade grinding machines; riveting machines; power-operated rivet guns; air brushes for applying colour; agitators for circulating liquid media; impact wrenches; snow blowing attachments for vehicles; snowblowers; cutters [machines]; cutting tools being power-operated; automatic cutting machines; industrial cutting machines; print trimmers [machine]; blow pipes [gas-operated cutting apparatus]; machines for cutting paper; cutting machines [for metalworking]; cutters being powered by mains electricity or batteries; nippers [machines]; socket spanners [machines]; taps [machine tools]; taps [parts of machines, engines or motors]; taps being mechanically operated tools; cocks [valves] of metal parts of machines; taps being parts of machines; pumps [machines]; shafts for pumps; pump starters; pump diaphragms; pneumatic pumps; pumps for concrete; pumps for heating installations; pump control valves; pump impellers; electrical pumps; valves for pumps; electrical pumps for ponds; valves; pumps, compressors and fans; machines for use in the processing of water; pumps for the extraction of liquids [machines]; pumps for the extraction of vapour [machines]; pumps for the extraction of gases [machines]; basement draining installations; self-regulating pumps [other than for the delivery of fuel at filling stations]; hoses (metal -) for use in hydraulic systems in machines; hoses (non-metallic -) for transferring hydraulic power in machines; hoses (non-metallic -) for use in hydraulic systems in machines; tools (machine -) for use in binding hoses; machines for the manufacture of sachets; discharge screws for hydraulic fluids [parts of machines]; refrigerant recovery pumps; refrigerant compressors for heating installations; refrigerant compressors for cooling installations; compressed air guns for the extrusion of mastics; abrasive disks for power-operated sanders; power-operated lubricant dispensers for machines; extracting machines; anti-friction bearings for machines; cinder sifters [machines]; steam traps; concrete mixers [machines]; drill chucks [parts of machines]; drilling heads [parts of machines]; brushes [parts of machines]; brushes for vacuum cleaners; cleaning appliances utilizing steam; joints [parts of engines]; lathes [machine tools]; pneumatic transporters; compressed air pumps; pressure regulators [parts of machines]; pressure valves [parts of machines]; brushes, electrically operated [parts of machines]; electric hand drills; glue guns, electric; soldering apparatus, electric; soldering irons, electric; scissors, electric; knives, electric; nail extractors, electric; parquet wax-polishers, electric; machines and apparatus for polishing [electric]; machines and apparatus for cleaning, electric; electric egg beaters; shears, electric; electric welding apparatus; electrical apparatus for sealing plastics [packaging]; welding machines, electric; machines and apparatus for carpet shampooing, electric; door openers, electric; door closers, electric; electrodes for welding machines; current generators; electric hammers; labellers [machines]; painting machines; spray guns for paint; springs [parts of machines]; filters [parts of machines or engines]; milling machines; freewheels, other than for land vehicles; soldering irons, gas-operated; gas-operated blow torches; soldering blow pipes, gas-operated; cutting blow pipes, gas-operated; soldering apparatus, gas-operated; blowing machines; blowing machines for the compression, exhaustion and transport of gases; hangers [parts of machines]; die-cutting and tapping machines; threading machines; glass-working machines; glaziers’ diamonds [parts of machines]; glow plugs for diesel engines; moulds [parts of machines]; chaff cutter blades; hammers [parts of machines]; cowlings [parts of machines]; elevating apparatus; stitching machines; planing machines; high pressure washers; woodworking machines; lifting apparatus; window openers, hydraulic; window closers, hydraulic; door openers, hydraulic; door closers, hydraulic; sizing machines; universal joints [cardan joints]; carding machines; notchers [machine tools]; boiler tubes [parts of machines]; adhesive tape dispensers [machines]; blades [parts of machines]; piston segments; cranes [lifting and hoisting apparatus]; ball-bearings; ball rings for bearings; cultivators [machines]; cranks [parts of machines]; handling apparatus for loading and unloading; loading ramps; superchargers; bearing brackets for machines; leather-working machines; leather paring machines; electric arc cutting apparatus; punches for punching machines; punching machines; soldering lamps; air pumps [garage installations]; harvesting machines; knives for mowing machines; pulleys; reeling apparatus, mechanical; machine wheels; stands for machines; tables for machines; chisels for machines; mortising machines; milking machines; knives [parts of machines]; blade holders [parts of machines]; blade sharpening [stropping] machines; metalworking machines; mixing machines; feeders [parts of machines]; motorized cultivators; hand-held tools, other than hand-operated; door openers, pneumatic; door closers, pneumatic; pneumatic hammers; pumps [parts of machines, engines or motors]; lawnmowers [machines]; turf removing ploughs; friezing machines; trimming machines; belts for machines; roller bearings; agitators; saw benches [parts of machines]; saws [machines]; satinizing machines; air suction machines; suction machines for industrial purposes; teat cups [suction cups] for milking machines; sharpening machines; beating machines; grindstones [parts of machines]; slide rests [parts of machines]; grease boxes [parts of machines]; lubricating pumps; grease rings [parts of machines]; lubricators [parts of machines]; lasts for shoes [parts of machines]; aprons [parts of machines]; machine fly-wheels; pulleys [parts of machines]; self-oiling bearings; sifting installations; sieves [machines or parts of machines]; sifting machines; sealing machines for industrial purposes; chucks [parts of machines]; rammers [machines]; dust exhausting installations for cleaning purposes; vacuum cleaners; vacuum cleaner bags; vacuum cleaner hoses; vacuum cleaner attachments for disseminating perfumes and disinfectants; stone-working machines; control mechanisms for machines, engines or motors; control cables for machines, engines or motors; stuffing boxes [parts of machines]; turbocompressors; vacuum pumps [machines]; valves [parts of machines]; packing machines; tools [parts of machines]; holding devices for machine tools; machine tools; winches; crushing machines; shredders [machines] for industrial use; spraying machines; sparking plugs for internal combustion engines; cutting machines; electric arc welding apparatus.

Class 8: Guns [hand tools]; guns, hand-operated, for the extrusion of mastics; saw blades; blades for hand saws; saw blades [parts of hand tools]; saw blades for use with hand-operated tools; borers; gimlets [hand tools]; hand drills, hand-operated; drill sharpeners (hand operated -); rotary drills [hand-operated tools]; drill presses (hand operated -); portable drill stands for hand-operated drills; keyhole saws [hand operated tools]; lifting jacks, hand-operated; stands for hand jacks; border shears; hedge trimmers [hand-operated tools]; pliers; nippers [hand operated tools]; snow shovels; clamps for carpenters or coopers; clamps [hand tools]; socket spanners; sets of socket spanners; nut drivers [hand tools]; socket sets [hand-operated tools]; emery boards; scythe handles; wire strippers [hand tools]; priming irons [hand tools]; leather strops; sharpening steels; awls; axes; hobby knives [scalpels]; pruning shears; bow saws; rabbeting planes; spatulas [hand tools]; bits [parts of hand tools]; drill holders [hand tools]; ratchets [hand tools]; expanders [hand tools]; extension pieces for braces for screw taps; metal band stretchers [hand tools]; spades [hand tools]; picks [hand tools]; mattocks; centre punches [hand tools]; bits [hand tools]; cutter bars [hand tools]; breast drills; crow bars; adzes [tools]; branding irons; caulking irons; pin punches; palette knives; hammers, mallets and sledgehammers; tweezers; augers [hand tools]; stamping-out tools [hand tools]; embossers [hand tools]; files [tools]; milling cutters [hand tools]; agricultural forks [hand tools]; pruning knives; pruning scissors; mitre [miter (am)] boxes [hand tools]; nail drawers [hand tools]; frames for handsaws; taps [hand tools]; dies [hand tools]; glaziers’ diamonds [parts of hand tools]; stone hammers; chisels; sand trap rakes; engraving needles; ditchers [hand tools]; cleavers; fire irons; hammers [hand tools]; hatchets; holing axes; paring irons [hand tools]; rammers [hand tools]; garden tools, hand-operated; foundry ladles [hand tools]; agricultural implements, hand-operated; air pumps, hand-operated; nail extractors, hand-operated; lawn clippers [hand instruments]; abrading instruments [hand instruments]; syringes for spraying insecticides; insecticide vaporizers [hand tools]; hand-operated insecticide sprayers; apparatus for destroying plant parasites, hand-operated; implements for decanting liquids [hand tools]; hand pumps; rams [hand tools]; rakes [hand tools]; levers; hackles [hand tools]; bill-hooks; planes; plane irons; hollowing bits [parts of hand tools]; gouges [hand tools]; sledgehammers; farriers’ knives; sharpening instruments; hoes [hand tools]; fish tapes [hand tools]; instruments for punching tickets; moulding irons; ladles [hand tools]; ceramic knives; truncheons; scraping tools [hand tools]; mortise chisels; pickhammers; jig-saws; perforating tools [hand tools]; punch pliers [hand tools]; weeding forks [hand tools]; thistle extirpators [hand tools]; trowels; graving tools [hand tools]; knives; blades [hand tools]; blades for planes; scaling knives; cutlery; metal wire stretchers [hand tools]; hainault scythes; irons [non-electric hand tools]; non-electric caulking guns; nail punches; riveting hammers [hand tools]; riveters [hand tools]; fruit pickers [hand tools]; budding knives; trowels [gardening]; earth rammers [hand tools]; grafting tools [hand tools]; pickaxes; punches [hand tools]; braiders [hand tools]; crimping irons; fulling tools [hand tools]; reamers; reamer sockets; rasps [hand tools]; hoop cutters [hand tools]; annular screw plates; diggers [hand tools]; tube cutters [hand tools]; tube cutting instruments; saws [hand tools]; saw holders; tool belts [holders]; scrapers [hand tools]; whetstone holders; stropping instruments; tap wrenches; shovels [hand tools]; squares [hand tools]; shears; shear blades; mallets [hand instruments]; masons’ hammers; blade sharpening instruments; grindstones [hand tools]; sharpening stones; emery files; emery grinding wheels; drawing knives; cutters; carpenters’ augers; scissors; scissor holders; cutting tools [hand tools]; edge tools [hand tools]; spanners [hand tools]; screwdrivers, non-electric; vices; bench vices [hand implements]; paring knives; torque wrenches; torque wrenches [hand-operated]; hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance; cutting, drilling, grinding, sharpening and surface treatment hand tools; hand tools for construction, repair and maintenance; ratchet wrenches [hand tools]; screwdriver bits for hand operated screwdrivers; hand tools, hand-operated; vehicle trolley jacks [hand-operated]; hand-operated slicers; pumps for liquids [hand-operated]; handles for hand-operated hand tools; knife handles.

Class 9: Chargers; USB chargers; wireless chargers; chargers for electric batteries; chargers for vaporizers; mouse pads; radios; DAB radios; radio receivers and transmitters; sound filters made of cloth, for radio apparatus; gloves for protection against accidents; wire connectors [electricity]; antifreeze testers; slide-rules; branch boxes [electricity]; acoustic alarms; alarms; ammeters; starter cables for motors; anodes; anode batteries; junction boxes [electricity]; connections for electric lines; distance recording apparatus; oxygen transvasing apparatus; asbestos clothing for protection against fire; asbestos gloves for protection against accidents; respiratory masks, other than for artificial respiration; respirators for filtering air; balancing apparatus; burglar alarms; light dimmers [regulators], electric; Fuse wire; pressure measuring apparatus; electrical adapters; adapter cables (electric -); accumulators, electric; batteries, electric, for vehicles; alarm bells, electric; couplings, electric; batteries, electric; theft prevention installations, electric; electricity conduits; contacts, electric; conductors, electric; ducts [electricity]; measuring devices, electric; switchgear [electric]; transformers [electricity]; electric door bells; resistances, electric; wires, electric; cables, electric; condensers [capacitors]; electronic tags for goods; range finders; distance measuring apparatus; anti-interference devices [electricity]; milage recorders for vehicles; remote control apparatus; fire extinguishing apparatus; fire blankets; fire extinguishers; fire pumps; fire alarms; clothing for protection against fire; filters for respiratory masks; frequency meters; apparatus for analysing gases; gasometers [measuring instruments]; workmen’s protective face-shields; weights; screw-tapping gauges; global positioning system [GPS] apparatus; semi-conductors; covers for smartphones; hydrometers; ionization apparatus not for the treatment of air or water; copper wire, insulated; identification threads for electric wires; identification sheaths for electric wires; sheaths for electric cables; calipers; calibrating rings; cathodes; cathodic anti-corrosion apparatus; boiler control instruments; switchboxes [electricity]; terminals [electricity]; knee-pads for workers; coaxial cables; sleeves for laptops; bags adapted for laptops; gauges; jigs [measuring instruments]; light-emitting diodes [LED]; signals, luminous or mechanical; signalling panels, luminous or mechanical; road signs, luminous or mechanical; signs, luminous; exposure meters [light meters]; light-emitting electronic pointers; sounding apparatus and machines; magnetic wires; solenoid valves [electromagnetic switches]; solderers’ helmets; measures; materials for electricity mains [wires, cables]; material testing instruments and machines; quantity indicators; measuring apparatus; measuring instruments; levelling staffs [surveying instruments]; plane tables [surveying instruments]; slope indicators; smoke detectors; reflective safety vests; reflecting discs for wear, for the prevention of traffic accidents; safety tarpaulins; life saving apparatus and equipment; life jackets; levels [instruments for determining the horizontal]; scanners [data processing equipment]; cases for smartphones; commutators; switches, electric; distribution consoles [electricity]; control panels [electricity]; slide calipers; head protection; protective masks; safety restraints, other than for vehicle seats and sports equipment; solar panels for the production of electricity; voltmeters; sockets, plugs and other contacts [electric connections]; covers for electric outlets; bar code readers; stroboscopes; current rectifiers; circuit breakers; thermometers, not for medical purposes; thermostats; thermostats for vehicles; personal stereos; voltage surge protectors; clothing for protection against accidents, irradiation and fire; shoes for protection against accidents, irradiation and fire; pressure indicator plugs for valves; junction sleeves for electric cables; connectors [electricity]; traffic cones; surveying apparatus and instruments; surveying chains; amplifying tubes; distribution boxes [electricity]; panels for the distribution of electricity; viscosimeters; scales; weighing apparatus and instruments; weighing machines; vehicle breakdown warning triangles; spirit levels; carpenters’ rules; protractors [measuring instruments]; batteries for lighting; protective work clothing [for protection against accident or injury]; respiratory mask filters [non-medical]; measuring tapes; digital panel meters; rulers [measuring instruments]; protective and safety equipment; boots [protective footwear]; regulating apparatus, electric.

Class 11: Taps [faucets]; bibcocks [plumbing fittings]; basin mixers [taps]; touchless taps; taps [cocks, spigots] [faucets (am)] for pipes; taps for water supply; taps for water supply installations; taps for the control of water flow; taps for sanitary installations; taps for regulating water flow; taps for regulating gas flow; valves [faucets] being parts for sanitary installations; hot air apparatus; dehumidifiers; flexible pipes being parts of basin plumbing installations; refrigerant condensers; continuous furnaces for tempering lacquers; discharge tubes, electric, for lighting; igniters; lighting apparatus and installations; lighting apparatus for vehicles; searchlights; ceiling lights; light bulbs, electric; heating apparatus, electric; electric lamps; radiators, electric; defrosters for vehicles; lights for vehicles; vehicle headlights; sockets for electric lights; light bulbs; hot air ovens; pipes [parts of sanitary installations]; lights for automobiles; luminous tubes for lighting; fluorescent lamp tubes; air reheaters; air cooling apparatus; air driers [dryers]; mixer taps for water pipes; anti-splash tap nozzles; level controlling valves in tanks; chimney flues; lamp reflectors; regulating and safety accessories for gas apparatus; regulating and safety accessories for gas pipes; regulating and safety accessories for water apparatus; regulating accessories for water or gas apparatus and pipes; boiler pipes [tubes] for heating installations; coils [parts of distilling, heating or cooling installations]; safety lamps; safety accessories for water or gas apparatus and pipes; street lamps; electric torches; pocket warmers; thermostatic valves [parts of heating installations]; toilets, portable; desiccating apparatus; drying apparatus and installations; drying installations; drip irrigation emitters [irrigation fittings]; ultraviolet ray lamps, not for medical purposes; washers for water taps; heat pumps; heat regenerators; heat accumulators; heat exchangers, other than parts of machines; hot plates; heated display cabinets; water heaters [apparatus]; hot water boilers; water filtering apparatus; electric hand lamps [other than for photographic use].

Class 12: Hand propelled trolleys; trolleys [vehicles]; pumps for inflating vehicle tyres; inner tubes for pneumatic tyres for vehicle wheels; inner tubes for pneumatic tires [tyres]; inner tubes for bicycle tyres; inner tubes for motorcycle tires; adhesive rubber patches for repairing tubes or tires; inner tubes [for aircraft wheel tires]; vehicle covers [shaped]; trailers [vehicles]; trailer hitches for vehicles; ashtrays for automobiles; saddle covers for bicycles or motorcycles; covers for vehicle steering wheels; balance weights for vehicle wheels; brake linings for vehicles; brake discs for vehicles; anti-theft devices for vehicles; anti-theft alarms for vehicles; brakes for vehicles; vehicle wheels; hoods for vehicles; rims for vehicle wheels; repair outfits for inner tubes; forklift trucks; upholstery for vehicles; carts; caissons [vehicles]; tilting-carts; dump carts; head-rests for vehicle seats; casings for pneumatic tires [tyres]; air pumps [vehicle accessories]; hubs for vehicle wheels; bands for wheel hubs; axles for vehicles; pneumatic tyres; tyres for vehicle wheels; two-wheeled trolleys; saddlebags adapted for bicycles; windshield wipers; headlight wipers; tubeless tyres for bicycles; mudguards; anti-skid chains; seat covers for vehicles; wheelbarrows; bicycle mudguards; mudguards for motorcycles; spray prevention flaps for vehicles; mudguards for two-wheeled motor vehicles or bicycles; dress guards for bicycles; spoke clips for wheels; vehicle shock absorbers; shock absorbing springs for vehicles; vehicle suspension springs; cleaning trolleys; driving chains for land vehicles; valves for vehicle tires [tyres]; solid tyres for vehicle wheels; gears for bicycles.

Class 16: Paintbrushes; brushes for the application of paints; paper bags and sacks; garbage bags of paper or of plastics; painters’ brushes; palettes for painters; house painters’ rollers; wallpaper stencils; marking chalk; marking pens [stationery]; modelling paste; polymer modelling clay; modelling materials; plastics for modelling; modelling clay; stencils [stationery]; desk mats; bags [envelopes, pouches] of paper or plastics, for packaging; packaging material made of starches; wrapping paper.

Class 17: Plastic sheeting for use as drop cloths; masking films; concrete curing blankets made of plastic; flexible hoses made of polymeric materials; flexible hoses, not of metal; glass fibre reinforced hose; air conditioner hoses; hoses adapted for irrigation purposes; hose pipes made of rubber; hose linings; flanged elbow hose; casings of rubber for tubes; non-metallic flexible hoses made of rubber; articles of rubber for use in connecting pipes; articles of rubber for use in sealing tubes; tubes (non-metallic -) for irrigation; glass fibre reinforced hose for lining channel-formed structures; non-metallic semi-rigid pipes for use with pressurised fluids; non-metallic flexible hoses of rubber reinforced with wires; flexible tubing containing carbon fibres; hoses (non-metallic -) for industrial purposes; flexible hoses for conveying liquids; pre-insulated bonded flexible hoses (non-metallic -); connectors (non-metallic -) for hoses; flexible pipes of rubber reinforced with synthetic fabric; plastic hoses for agricultural use; hoses (non-metallic -) for use with watercraft; non-metallic couplings for tubes; hoses (non-metallic -) for vehicle radiators; casings of synthetic rubber for tubes; elbow joints (non-metallic -) for flexible pipes; flexible pipes, tubes, hoses, and fittings therefor, including valves, non-metallic; non-metallic microporous tubes for use in arboriculture; non-metallic microporous tubes for use in agriculture; pre-insulated bonded flexible hoses (non-metallic -) for use in vehicle engines; non-metallic microporous tubes for use in horticulture; flexible tubes (non-metallic -) for the conducting of gaseous media; flexible tubes (non-metallic -) for the conducting of liquid media; flexible pipes, tubes, hoses, and fittings therefor, including valves; flexible tubes for use in irrigation; non-metallic flexible hoses of textile; pipes made of synthetic flexible material; non-metallic coupling sleeves for tubes; couplings (non-metallic -) for flexible pipes; flexible pipes of silicone rubber reinforced with fabric; identification sleeves of plastics for tubes; flexible hoses of rubber reinforced with synthetic fabric; non-metallic flexible hoses of textile-reinforced synthetic rubber; non-metallic adjustable hoses; flexible tubing for insulation purposes; non-metallic flexible hose made of polyvinylchloride; hoses for pneumatic tools; hoses of textile material; non-metallic flexible hoses made of synthetic rubber; flexible hoses composed of plastics; thermally insulated pipes made of plastic; hoses made from elastomer lined woven textiles; non-metallic underground hose; non-metallic insulated pipes; tube junctions (non-metallic -); identification sleeves of rubber for tubes; sleeves of rubber for protecting articles from damage through impact; packing products in the nature of bags [envelopes] of rubber; bags [envelopes, pouches] of rubber, for packaging; masking tape for industrial use; insulating paints; water based insulating paints; varnishes for electrical insulation for application to electronic components; foils of metal for insulating; metal foil for building insulation; metal foils laminated with paper [paper predominating] for insulation; acrylic resins [semi-finished products]; fittings, not of metal, for compressed air lines; balata; bark coverings for sound insulation; cotton wool for packing [caulking]; chemical compositions for repairing leaks; gaskets; expansion joint fillers; weatherstripping compositions; caulking materials; water-tight rings; draught excluder strips; dielectrics [insulators]; elastic yarns, not for use in textiles; window stops of rubber; substances for insulating buildings against moisture; insulating refractory materials; filtering materials [semi-processed foams or films of plastic]; liquid rubber; foil of regenerated cellulose, other than for wrapping; sealant compounds for joints; garden hoses; anti-dazzle films for windows [tinted films]; fiberglass [fibreglass] fabrics, for insulation; fibreglass for insulation; glass wool for insulation; rubber material for recapping tires [tyres]; rubber seals for jars; threads of rubber, not for use in textiles; clack valves of rubber; rubber solutions; rubber sleeves for protecting parts of machines; stops of rubber; shock-absorbing buffers of rubber; rings of rubber; cords of rubber; rubber stoppers; brake lining materials, partly processed; ebonite [vulcanite]; insulators for electric mains; insulators for railway tracks; insulators; insulating bands; insulating felt; insulating varnish; insulating fabrics; insulating gloves; insulating materials; insulators for cables; insulating oil for transformers; insulating oils; insulating paper; insulating plaster; lute; adhesive bands, other than stationery and not for medical or household purposes; carbon fibers [fibres], other than for textile use; synthetic resins [semi-finished products]; plastic fibers [fibres], not for textile use; plastic films for agricultural purposes; plastic film, other than for wrapping; threads of plastic materials, not for textile use; clutch linings; latex [rubber]; canvas hose pipes; reinforcing materials, not of metal, for pipes; pipe gaskets; mineral wool [insulator]; compositions to prevent the radiation of heat; boiler composition to prevent the radiation of heat; paper for electrical capacitors; padding materials of rubber or plastics; packing [cushioning, stuffing] materials of rubber or plastics; mica, raw or partly processed; gum, raw or semi-worked; rubber, raw or semi-worked; pipe muffs, not of metal; junctions, not of metal, for flexible pipes; soundproofing materials; slag wool [insulator]; threads of plastic for soldering; self-adhesive tapes, other than stationery and not for medical or household purposes; synthetic rubber; plastic substances, semi-processed; cellulose acetate, semi-processed; door stops of rubber; washers of rubber or vulcanized fiber [fibre]; valves of india-rubber or vulcanized fiber [fibre]; pipes made of rubber for motor vehicles; viscose sheets, other than for wrapping; vulcanized fiber [fibre]; non-conducting materials for retaining heat; waterproof packings; cylinder jointings; seals, sealants and fillers; fluid seals; adhesive sealant and caulking compound; silicone rubber sealants; duct tapes.

Class 18: Suitcases; briefcases; attaché cases; girths of leather; leather leashes; leatherboard; straps of leather [saddlery]; leather straps; leather laces; valves of leather; tool bags, empty.

Class 19: Nailplates [non-metallic] for the assembly of roof trusses; nailplates [non-metallic] for use in the construction of timber structures; rubber tiles; plastic floorboards; non-metal floor panels; floor tiles, not of metal; woven covers (non-metallic -) for use as geotextile materials for building; woven covers (non-metallic -) for use as geotextile materials; magnesia cement; spackling compound; liquid plastics surface coatings for protection against moisture [not paints]; waxed paper for use in building; almina cement; lintels, not of metal; posts, not of metal; gutter pipes, not of metal; branching pipes, not of metal; reinforcing materials, not of metal, for building; asphalt paving; cladding, not of metal, for building; joists, not of metal; balustrades, not of metal; felt for building; building glass; building timber; building materials, not of metal; building panels, not of metal; building stone; tanks of masonry; concrete; concrete building elements; shuttering, not of metal, for concrete; binding agents for making briquettes; bitumen; bituminous products for building; bitumen paper for building; bituminous coatings for roofing; tile floorings, not of metal; rubble; roof coverings, not of metal; roofing, not of metal; roofing, not of metal, incorporating solar cells; pantiles, not of metal; roof gutters, not of metal; scantlings [carpentry]; roofing slates; roofing shingles; roofing tiles, not of metal; mooring bollards, not of metal; cask wood; safety glass; drain pipes, not of metal; penstock pipes, not of metal; brackets, not of metal, for building; enamelled glass, for building; windows, not of metal; window glass for building; window glass, other than vehicle window glass; shutters, not of metal; window frames, not of metal; refractory construction materials, not of metal; fire burrs; fireproof cement coatings; veneer wood; floors, not of metal; scaffolding, non-metallic; framework, not of metal, for building; cornices, not of metal; greenhouse frames, not of metal; latticework, not of metal; glass granules for road marking; plate glass [windows] for building; granite; cement for blast furnaces; planks of wood for building; xylolith; wood veneers; wooden floor boards; furrings of wood; wood pulp board for building; wood paving; wood panelling; insulating glass for building; tiles, not of metal, for building; calcareous marl; limestone; chimney pots, not of metal; chimney cowls, not of metal; flashing, not of metal, for building; angle irons, not of metal; roof flashing, not of metal; potters’ clay [raw material]; gravel; silica [quartz]; drain traps [valves], not of metal or plastic; water-pipe valves, not of metal or plastic; artificial stone; laths, not of metal; duckboards, not of metal; ducts, not of metal, for ventilating and air-conditioning installations; luminous paving blocks; marble; masts [poles], not of metal; wall claddings, not of metal, for building; mortar for building; cement for furnaces; olivine for building; building paper; paperboard for building; parquet flooring; parquet floor boards; pitch; piles (non-metallic -); palings, not of metal; paving slabs, not of metal; paving blocks, not of metal; cement posts; cement slabs; porphyry [stone]; mouldable wood; agglomerated cork for building; mouldings, not of metal, for building; coatings [building materials]; quartz; gypsum; raw chalk; sandstone pipes; rigid pipes, not of metal, for building; sand, except foundry sand; sandstone for building; pillars, not of metal, for building; manhole covers, not of metal; fireclay; schists; slate powder; reeds for building; slag [building material]; slag stone; chimneys, not of metal; chimney shafts, not of metal; chimney terminals (non-metallic -); stack linings (non-metallic -); fireplace mantles, not of metal; clinker ballast; sills, not of metal; non-luminous and non-mechanical signs, not of metal; signalling panels, non-luminous and non-mechanical, not of metal; hips for roofing; works of stonemasonry; street gutters, not of metal; binding material for road repair; materials for making and coating roads; road signs, non-luminous and non-mechanical, not of metal; road coating materials; road marking sheets and strips of synthetic material; props, not of metal; tarred strips for building; wood, semi-worked; beams, not of metal; partitions, not of metal; doors, not of metal; door panels, not of metal; door frames, not of metal; linings, not of metal, for building; lengthening pieces, not of metal, for chimneys; vinyl siding; aviaries [structures], not of metal; platforms, prefabricated, not of metal; wall tiles, not of metal; wall linings, not of metal, for building; water-pipes, not of metal; fences, not of metal; cement; earth for bricks; bricks; ceilings, not of metal; staircases, not of metal.

Class 20: Nails, not of metal; locks, other than electric, not of metal; locks and keys, non-metallic; screws, not of metal; nuts, not of metal; screw cups, not of metal; socket head shoulder screws, not of metal; screw inserts, not of metal; non-metal expanding sleeves for affixing screws; tool storage containers (non-metallic -) [empty]; tap venting plugs of plastic; valves (non-metallic -) [taps] for controlling the flow of liquid into barrels; valves (non-metallic -) [taps] for controlling the flow of liquid out of barrels; non-mechanical reels of plastic materials for the storage of hose; non-mechanical, non-metallic reels for the storage of hose; plastic fittings [clips] for attachment to tubing; storing boxes, not of metal; wooden storage boxes; storage drawers [furniture]; closures for containers, non-metallic; non-metallic bins [other than dust bins]; water tanks (non-metallic -) [containers]; capsules [non-metallic containers]; slide closures (non-metallic -) for containers; reservoirs, not of metal nor of masonry; caps made of non-metallic materials for containers; containers (non-metallic -) for kegging beverages; corner fittings (non-metallic -) for containers; spears [valves], not of metal for use with containers; containers, not of metal [storage, transport]; containers, not of metal, for liquid fuel; liquid storage tanks [containers] made of non-metallic materials; non-metallic containers [other than for household or kitchen use]; non-metallic end closures for containers [other than for household or kitchen use]; containers (non-metallic -) in the form of bins; containers (non-metallic -) in the form of kegs; composite caps for containers [non-metallic and not for household or kitchen use]; combined containers [non-metallic and not for household or kitchen use]; containers (non-metallic -) for liquids [other than for household or kitchen use]; combined closures for containers [non-metallic and not for household or kitchen use]; containers, and closures and holders therefor, non-metallic; containers (non-metallic -) for the handling of goods [other than household or kitchen use]; bins designed to facilitate accelerated breakdown of organic matter [non-metallic]; combined lids for containers [non-metallic and not for household or kitchen use]; combined stoppers for containers [non-metallic and not for household or kitchen use]; binding screws, not of metal, for cables; cable drums (non-mechanical -) of non-metallic materials; shelves for storage; trestles [furniture]; clips, not of metal, for cables and pipes; bolts, not of metal; office furniture; brush mountings; boxes of wood or plastic; dowels, not of metal; plugs [dowels], not of metal; shelves for file cabinets; furniture shelves; barrels, not of metal; casks, not of metal; window fittings, not of metal; window stops, not of metal or rubber; sash fasteners, not of metal, for windows; window fasteners, not of metal; handling pallets, not of metal; work benches; stools; edgings of plastic for furniture; bins, not of metal; numberplates, not of metal; drain traps [valves] of plastic; water-pipe valves of plastic; loading pallets, not of metal; cask stands, not of metal; tool boxes, not of metal, empty; tool chests, not of metal, empty; furniture; furniture of metal; furniture fittings, not of metal; mobile boarding stairs, not of metal, for passengers; troughs, not of metal, for mixing mortar; rivets, not of metal; moldings [mouldings] for picture frames; picture frame brackets; racks [furniture]; shelving units; collars, not of metal, for fastening pipes; saw benches [furniture]; saw horses; hinges, not of metal; keyboards for hanging keys; split rings, not of metal, for keys; cupboards; vice benches [furniture]; seats of metal; mirrors (silvered glass); mirror tiles; ladders of wood or plastics; poles, not of metal; steps [ladders], not of metal; transport pallets, not of metal; step stools, not of metal; door fittings, not of metal; door bolts, not of metal; door stops, not of metal or rubber; door handles, not of metal; door bells, not of metal, non-electric; door fasteners, not of metal; valves, not of metal, other than parts of machines; packaging containers of plastic; stoppers, not of metal; curtain rings; pulleys of plastics for blinds; curtain rails; ladders and movable steps, non-metallic; furniture for industrial use.

Class 21: Dispensers for detergents; buckets; mop pails; buckets incorporating mop wringers; plastic buckets; buckets for household use; buckets incorporating castors; buckets for industrial use; cups; cups and mugs; polishing materials for making shiny, except preparations, paper and stone; glossing cloths [not abrasive]; soap brackets; soap boxes; soap dispensers; broom handles, not of metal; car washing mitts; mops; polishing gloves; polishing leather; mop wringer buckets; scouring pads; rags [cloth] for cleaning; cleaning tow; strainers; dishwashing brushes; steel wool for cleaning; compostable cups.

Class 22: Sacks; sacks made of textile materials; bags for storage purposes; bags [sacks] for transportation purposes; geotextile containers [bags] made of textile; plastic liners [sacks] for containers; sacks for the storage of materials; sacks for the storage of materials in bulk; geotextile containers [bags] made of synthetic textile materials; sacks for the transport of materials; cotton bags [for use in industry]; sacks for the transport and storage of materials in bulk; sacks for transporting waste; chemical fiber bags [for use in industry]; bags for the bulk storage of grains; bags for the bulk handling of grains; flexible intermediate bulk containers [sacks] for transporting materials; plastics bags [sacks] for the transport of materials in bulk; packaging sacks for transporting materials in bulk; materials [sacks] for packaging granulose products in bulk; bags of textile material for use with plants; bags made of textile for the storage of tents; bags and sacks for packaging, storage and transport; flexible intermediate bulk containers [sacks] for transporting particulate materials; bags [sacks] made of synthetic plastics material for bulk storage; non-textile bags for the transportation of silage in bulk; non-textile bags for the transportation of materials in bulk; non-textile bags for the transportation of grains in bulk; non-textile bags for the transportation of animal foodstuffs in bulk; non-textile bags for the bulk storage of animal foodstuffs; flexible intermediate bulk containers [sacks] for transporting pulverulent materials; non-textile bags for the bulk storage of materials; bags [sacks] for packaging materials in bulk; non-metal strapping or tie downs; tapes, not of metal for binding agricultural products; car towing ropes; padding materials, not of rubber, plastics, paper or cardboard; sheaf-binding yarns; cables, not of metal; straps, not of metal, for handling loads; nets; tarpaulins; braces, not of metal, for handling loads; ropes.

Class 25: Clothing; belts [clothing]; half-boots; gloves [clothing]; shirts; trousers; girdles; jackets [clothing]; skull caps; headgear; short-sleeve shirts; caps [headwear]; ear muffs [clothing]; combinations [clothing]; coveralls; sweaters; rainwear; lace boots; fittings of metal for footwear; sweat-absorbent underwear; sweat-absorbent socks; sweat-absorbent stockings; socks; boots; stockings; tee-shirts; overcoats; underwear; waistcoats; thermally insulated clothing; footwear.

Class 27: Wallpaper; wallpaper of cork; wallpaper with a textile covering; non-textile wallpaper; floor coverings; vinyl floor coverings; linoleum; mats; textile wallpaper.

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 Classes 1, 2, 3, 4, 7, 8, 9, 11, 12, 16, 17, 18, 19, 21, 22 and 25

The contested goods in Class 1 are essentially chemical substances and preparations, filtering materials, putties, and fillers and pastes for use in industry, natural elements for use in industry, and adhesives and starches for use in industry. The contested goods in Class 2 are essentially coatings, dyes, colorants, pigments, inks, thinners and thickeners for coatings, dyes and inks, and raw natural resins. The contested goods in Class 3 are essentially cleaning, bleaching, polishing and abrasive preparations. The contested goods in Class 4 are essentially fuels, illuminants, dust-controlling compositions, lubricants and industrial greases, waxes and fluids. The contested goods in Class 7 are essentially machines, machine tools, engines, powertrains, and controls for the operation of machines and engines and their parts. The contested goods in Class 8 are mainly hand-operated tools and implements for the treatment of materials and for construction, repair and maintenance, and lifting tools. The contested goods in Class 9 are mainly apparatus, instruments and cables for electricity, measuring, detecting and monitoring instruments, indicators and controllers, surveying apparatus and instruments, and protective and safety equipment. The contested goods in Class 11 are mainly sanitary installations, water supply and sanitation equipment, igniters, industrial treatment installations, and heating, ventilating and air conditioning equipment. The contested goods in Class 12 are vehicles and conveyances, as well as parts and fittings for vehicles. The contested goods in Class 16 are mainly decoration and art materials and media, and bags or articles for packaging and wrapping. The contested goods in Class 17 are mainly finished or semi-finished goods, of materials included in this class. The contested goods in Class 18 are mainly bags and other carriers, as well as goods of leather. The contested goods in Class 19 are building and construction materials, structures and elements, not of metal, and unprocessed or semi-processed materials. The contested goods in Class 21 are mainly articles for cleaning, tableware and containers. The contested goods in Class 22 are mainly bags and sacks for packaging, storage and transport, ropes, slings and bands, nets, padding materials and other goods made of textile and fibres. The contested goods in Class 25 are mainly clothing, footwear and headgear. These goods have no sufficient connection with the opponent’s goods and services, which are essentially furniture and furnishings and goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, pearl, meerschaum and substitutes for all these materials, or of plastics, in Class 20; advertising, business management, business administration and office functions in Class 35; and science and technology services, IT services and legal services in Class 42. These goods and services have different natures, purposes and methods of use. Moreover, they do not usually have the same commercial origin, distribution channels or end users. They are neither complementary nor in competition. Therefore, these goods and services are dissimilar.

Contested goods in Class 6

The contested metal hardware; hooks of metal for clothes rails; knobs of metal; hooks [metal hardware]; fittings of metal for furniture; furniture casters of metal are similar to the opponent’s furniture in Class 20 because these goods target the same public and may have the same distribution channels. Moreover, these goods are complementary.

The contested tool storage containers of metal [empty]; boxes of common metal; chests of metal; clothes hooks of metal; baskets of metal; tool boxes of metal, empty; tool chests of metal, empty; boxes for storage purposes [metal] are also similar to the opponent’s furniture in Class 20 because these goods target the same public and may have the same distribution channels.

The remaining contested goods are mainly nuts, bolts and fasteners of metal, locks and keys, containers, transportation and packaging articles of metal, pipes, tubes and hoses, and fittings therefor, including valves of metal, specific hardware of metal, building and construction materials and elements of metal, structures and transportable buildings of metal, unprocessed and semi-processed materials of metal, doors, gates, windows and window coverings of metal, and their parts and fittings. These goods and the opponent’s goods and services have different natures, purposes and methods of use. Moreover, they do not usually have the same commercial origin, distribution channels or end users. They are neither complementary nor in competition. Therefore, these goods and services are dissimilar.

Contested goods in Class 20

The contested storing boxes, not of metal; wooden storage boxes; shelves for storage; trestles [furniture]; office furniture; boxes of wood or plastic; shelves for file cabinets; furniture shelves; work benches; stools; tool chests, not of metal, empty; furniture; furniture of metal; racks [furniture]; shelving units; saw benches [furniture]; saw horses; cupboards; vice benches [furniture]; seats of metal; furniture for industrial use are identical to the opponent’s furniture, either because the goods are identically contained in both lists (including synonyms) or because the opponent’s goods include, are included in or overlap with the contested goods.

The contested mirrors (silvered glass); mirror tiles are included in the broad category of the opponent’s mirrors. Therefore, they are identical.

The contested keyboards for hanging keys are similar to a high degree to the opponent’s furniture because they have a comparable nature and may have the same purpose (to store things). They may also have the same producers, end users and distribution channels.

The contested moldings [mouldings] for picture frames are similar to the opponent’s picture frames because these goods are complementary and may have the same commercial origin and distribution channels.

The contested edgings of plastic for furniture; furniture fittings, not of metal; storage drawers [furniture]; curtain rings; curtain rails are similar to the opponent’s furniture because these goods have the same producers, end users and distribution channels. Moreover, they are complementary.

The contested picture frame brackets are similar to the opponent’s picture frames because these goods are complementary and may have the same providers, end users and distribution channels.

The remaining contested goods are mainly non-metallic fasteners, locks and keys, containers, closures and holders therefor, door, gate and window fittings, pallets, displays, valves, barrels and casks, ladders and movable steps and other specific items of non-metallic hardware. The contested goods and the opponent’s goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, pearl, meerschaum and substitutes for all these materials, or of plastics have the same nature. Their purpose, in the broadest sense, may also be the same in that they may be used, for example, for fastening, for storage purposes, for construction purposes or to bridge vertical distances. 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.

Contested goods in Class 27

The contested wallpaper; wallpaper of cork; wallpaper with a textile covering; non-textile wallpaper; floor coverings; vinyl floor coverings; linoleum; mats; textile wallpaper are similar to the opponent’s furniture because these goods coincide in purpose, end users and distribution channels.

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 varying degrees are directed at the public at large and/or at business customers with specific professional knowledge or expertise.

The degree of attention is considered to be average.

3. The signs

	STIER
Earlier trade mark	Contested sign

The relevant territory is Romania.

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 verbal elements of the signs have no meaning for the relevant public and are, therefore, distinctive because they do not describe or allude to any characteristics of the relevant goods.

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 and aurally, the signs coincide in the letters ‘ST*ER’ and in their structure (words of five letters with the same sequence of consonants). However, they differ in their third letters, namely ‘A’ in the earlier mark and ‘I’ in the contested sign. Visually, the signs also differ in the blue and white colours of the earlier mark. However, the font used in the earlier mark is standard and does not constitute a real difference between the signs.

Therefore, the signs are visually and aurally similar to a high degree.

Conceptually, neither of the signs has a meaning for the public in the relevant territory. Since a conceptual comparison is not possible, the conceptual aspect does not influence the assessment of the similarity of the signs.

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.

According to the opponent, the earlier mark has been extensively used and enjoys an enhanced scope of protection. However, for reasons of procedural economy, the evidence filed by the opponent to prove this claim does not have to be assessed in the present case (see below in ‘Global assessment’).

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

5. Global assessment, other arguments and conclusion

The appreciation of likelihood of confusion on the part of the public depends on numerous elements and, in particular, on the recognition of the earlier mark on the market, the association which can be made with the registered mark, the degree of similarity between the marks and between the goods or services identified. It must be appreciated globally, taking into account all factors relevant to the circumstances of the case (22/06/1999, C342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 18; 11/11/1997, C251/95, Sabèl, EU:C:1997:528, § 22).

The goods found to be identical or similar to varying degrees are directed at the public at large and/or at business customers; the degree of attention is considered average in relation to these goods.

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).

The signs are visually and aurally similar to a high degree. As neither of the signs has a meaning for the relevant public, the conceptual aspect does not influence the assessment of the similarity of the signs

Account is taken of the fact that average consumers rarely have the chance to make a direct comparison between different marks, but must trust in their imperfect recollection of them (22/06/1999, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 26).

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the public and therefore the opposition is partly well founded on the basis of the opponent’s Romanian trade mark registration No 68 433.

It follows from the above that the contested trade mark must be rejected for the goods found to be identical or similar to varying degrees to those of the earlier trade mark.

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

Since the opposition is partially successful on the basis of the inherent distinctiveness of the earlier mark, there is no need to assess the enhanced degree of distinctiveness of the opposing mark due to its reputation as claimed by the opponent and in relation to identical and similar goods. The result would be the same even if the earlier mark enjoyed an enhanced degree of distinctiveness.

Likewise, there is no need to assess the claimed enhanced degree of distinctiveness of the opposing mark in relation to dissimilar goods, as the similarity of goods and services is a sine qua non for there to be likelihood of confusion. The result would be the same even if the earlier mark enjoyed an enhanced degree of distinctiveness.

REPUTATION — ARTICLE 8(5) EUTMR

According to Article 8(5) EUTMR, upon opposition by the proprietor of a registered earlier trade mark within the meaning of Article 8(2) EUTMR, the contested trade mark will not be registered where it is identical with, or similar to, an earlier trade mark, irrespective of whether the goods or services for which it is applied are identical with, similar to or not similar to those for which the earlier trade mark is registered, where, in the case of an earlier European Union trade mark, the trade mark has a reputation in the Union or, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned and where the use without due cause of the contested trade mark would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark.

Therefore, the grounds for refusal of Article 8(5) EUTMR are only applicable when the following conditions are met.

• The signs must be either identical or similar.

• The opponent’s trade mark must have a reputation. The reputation must also be prior to the filing of the contested trade mark; it must exist in the territory concerned and for the goods and/or services on which the opposition is based.

• Risk of injury: use of the contested trade mark would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier trade mark.

The abovementioned requirements are cumulative and, therefore, the absence of any one of them will lead to the rejection of the opposition under Article 8(5) EUTMR (16/12/2010, T‑345/08 & T‑357/08, Botolist / Botocyl, EU:T:2010:529, § 41). However, the fulfilment of all the abovementioned conditions may not be sufficient. The opposition may still fail if the applicant establishes due cause for the use of the contested trade mark.

1. Reputation of the earlier trade mark

According to the opponent, the earlier trade mark has a reputation in Romania.

Reputation implies a knowledge threshold that is reached only when the earlier mark is known by a significant part of the relevant public for the goods or services it covers. The relevant public is, depending on the goods or services marketed, either the public at large or a more specialised public.

In the present case, the contested trade mark was filed on 11/05/2017. Therefore, the opponent was required to prove that the trade mark on which the opposition is based had acquired a reputation in Romania prior to that date. The evidence must also show that the reputation was acquired for the goods for which the opponent has claimed reputation, namely:

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

Class 35: Advertising; business management; business administration; office functions.

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services, creation and development of computer hardware and software; legal services.

The opposition is directed against all the remaining contested goods, namely all the contested goods in Classes 1, 2, 3, 4, 7, 8, 9, 11, 12, 16, 17, 18, 19, 21, 22, and 25 (listed above in the section on Article 8(1)(b) EUTMR) and the following goods in Class 6:

Cut nails; nails; nails of metal; metal brads; tacks of metal; cable drums (non-mechanical -) of metal; locks of metal; locks of metal, other than electric; metal keys for locks; locks and keys, of metal; locks and keys; screws of metal; wood screws made of metal; nuts of metal; screw covers of metal; flexible tubes of metal; pipes, tubes and hoses, and fittings therefor, including valves, of metal; floor tiles of metal; binding screws of metal for cables; cable joints of metal, non-electric; metal foil; metals in powder form; metal powders used in manufacturing; gutter pipes of metal; bicycle parking installations of metal; branching pipes of metal; aluminium; aluminium wire; aluminium foil; aluminium slabs; jets of metal; reinforcing materials of metal for building; fittings of metal for compressed air lines; reinforcing materials of metal for machine belts; cladding of metal for building; bindings of metal; bands of metal for tying-up purposes; fittings of metal for building; building materials of metal; refractory construction materials of metal; awnings of metal [building materials]; building panels of metal; clips of metal for cables and pipes; tanks of metal; containers of metal for compressed gas or liquid air; closures of metal for containers; shuttering of metal for concrete; thread of metal for tying-up purposes; binding thread of metal for agricultural purposes; metals in foil or powder form for 3d printers; sheets and plates of metal; cold rolled sheet metal; sheets of aluminium; tile floorings of metal; bolts of metal; vats of metal; chromium; chrome ores; containers of metal [storage, transport]; roof coverings of metal; roofing of metal; roofing of metal, incorporating photovoltaic cells; pantiles of metal; roof gutters of metal; roofing tiles of metal; wire of common metal; wire of common metal alloys, except fuse wire; wire cloth; wire rope; ropes of metal; underdrainage pipes of metal; penstock pipes of metal; pegs of metal; wall plugs of metal; nozzles of metal; brackets of metal for building; iron wire; iron ores; locks of metal for vehicles; barrels of metal; taps of metal for casks; barrel hoops of metal; springs [metal hardware]; filings of metal; ironwork for windows; fittings of metal for windows; window stops of metal; window frames of metal; sash fasteners of metal for windows; window casement bolts; window casement bolts of metal; furnace fireguards of metal; bolts, flat; flanges of metal [collars]; foils of metal for wrapping and packaging; handling pallets of metal; hoppers of metal, non-mechanical; door scrapers; floors of metal; sheaf binders of metal; scaffolding of metal; framework of metal for building; latticework of metal; bars for metal railings; ferrules of metal for handles; hooks of metal for roofing slates; slings of metal for handling loads; metal name plates; insect screens of metal; tiles of metal for building; chimney pots of metal; chimney cowls of metal; rope thimbles of metal; flashing of metal for building; angle irons of metal; roof flashing of metal; couplings of metal for chains; cramps of metal [crampons]; drain traps [valves] of metal; water-pipe valves of metal; joists of metal; vice claws of metal; copper rings; loading pallets of metal; cask stands of metal; anti-friction metal; straps of metal for handling loads; laths of metal; duckboards of metal; alloys of common metal; guard rails of metal; ducts of metal for ventilating and air-conditioning installations; reinforcing materials of metal for pipes; welding wire; rods of metal for brazing; rods of metal for welding; magnesium; wall claddings of metal for building; reinforcing materials, of metal, for concrete; ores of metal; bottles [metal containers] for compressed gas or liquid air; cables of metal, non-electric; chains of metal; frames of metal for building; rings of metal; rods of metal for brazing and welding; mobile boarding stairs of metal for passengers; troughs of metal for mixing mortar; sleeves [metal hardware]; window openers, non-electric; window closers, non-electric; door bells of metal, non-electric; door openers, non-electric; door closers, non-electric; copper wire, not insulated; beacons of metal, non-luminous; signs, non-luminous and non-mechanical, of metal; signalling panels, non-luminous and non-mechanical, of metal; road signs, non-luminous and non-mechanical, of metal; reels of metal, non-mechanical, for flexible hoses; winding spools of metal, non-mechanical, for flexible hoses; nickel; rivets of metal; posts of metal; palings of metal; paving slabs of metal; paving blocks of metal; stops of metal; mouldings of metal for cornices; latches of metal; lock bolts; common metals, unwrought or semi-wrought; cast iron, unwrought or semi-wrought; steel, unwrought or semi-wrought; lead, unwrought or semi-wrought; brass, unwrought or semi-wrought; iron, unwrought or semi-wrought; copper, unwrought or semi-wrought; tubes of metal; elbows of metal for pipes; pipework of metal; pipe muffs of metal; collars of metal for fastening pipes; junctions of metal for pipes; locks of metal for bags; containers of metal for storing acids; tubbing of metal; manhole covers of metal; strap-hinges of metal; hinges of metal; washers of metal; signboards of metal; keys of metal; split rings of common metal for keys; grease nipples; buckles of common metal [hardware]; spring locks; chimney shafts of metal; vice benches of metal; braces of metal for handling loads; soldering wire of metal; sills of metal; eye bolts; pulleys of metal, other than for machines; safety chains of metal; silver solder; nickel silver; silicon iron; tension links; wire stretchers [tension links]; stretchers for iron bands [tension links]; tension links of metal; stretchers for metal bands [tension links]; ladders of metal; barbed wire; steel sheets; steel alloys; steel wire; steel tubes; poles of metal; steps [ladders] of metal; pins [hardware]; ferrules of metal for walking sticks; street gutters of metal; props of metal; containers of metal for liquid fuel; titanium; beams of metal; transport pallets of metal; machine belt fasteners of metal; belt stretchers of metal; partitions of metal; stair treads [steps] of metal; step stools of metal; ironwork for doors; door fittings of metal; door bolts of metal; doors of metal; door stops of metal; door panels of metal; door handles of metal; latch bars of metal; door knockers of metal; door frames of metal; door fasteners of metal; runners of metal for sliding doors; shims; valves of metal, other than parts of machines; linings of metal for building; tinplate packings; packaging containers of metal; casings of metal for oilwells; sealing caps of metal; silver-plated tin alloys; manifolds of metal for pipelines; chimneys of metal; padlocks; wall tiles of metal; wall linings of metal for building; water-pipes of metal; tinplate; brackets of metal for furniture; metal brackets for use in the construction and assembly of decking; tungsten; fences of metal; ducts of metal, for central heating installations; ceilings of metal; zinc; tin; zirconium; tacks [nails]; ferrules of metal; vaults and safes; vaults and safes, of metal; strongrooms [safes] of metal; cashboxes [metal or non-metal]; metal safes; safes, electronic; safes [metal or non-metal]; bins [metal structures]; containers, and transportation and packaging articles, of metal; ladders and scaffolding, of metal; metal goods for use in construction; nuts, bolts and fasteners, of metal; anchor plates; anchorage plates of metal; cotter pins of metal.

In order to determine the mark’s level of reputation, all the relevant facts of the case must be taken into consideration, including, in particular, the market share held by the trade mark, the intensity, geographical extent and duration of its use, and the size of the investment made by the undertaking in promoting it.

On 15/01/2018, the opponent submitted the following evidence:

• Invoices (and translations into English) issued in 2012, 2013, 2014 and 2015. The sign ‘STAER’ appears at the top of the invoices in a central position.

• An article in Romanian published on the website www.dailybusiness.ro on 27/01/2011 (with a translation into English), entitled ‘Staer furniture retailer opened a shop opposite the Steaua Stadium’.

• Numerous photographs showing several shopfronts and trucks on which the mark ‘STAER’ is affixed. The sign ‘STAER’ is depicted alone or together with some Romanian words.

• Photos of agendas, packaging, bags, brochures, business cards, flyers, pens and envelopes bearing the trade mark ‘STAER’.

• Evidence that the domain name staer.ro has been reserved since 06/05/2003.

• A copy of a document in Romanian and a translation of it into English containing information about the opponent and its activities. The source of the document is the Romanian Trade Register Office. It provides information about the opponent’s headquarters, outlets and authorised activities in Romania, for example construction, repair services, moving services, freight transport by road, financial activities, storage and retail sale of goods such as furniture, home furnishings, lighting equipment and household articles, manufacture of mattresses and providing furniture for kitchens. The opponent’s authorised activities also include the manufacture in Galati in Romania of mattresses and of furniture for kitchens, offices and shops.

The Opposition Division finds that the evidence submitted by the opponent does not demonstrate that the earlier trade mark acquired a reputation.

Despite showing some use of the trade mark, the evidence does not provide any indication of the degree of recognition of the trade mark by the relevant public. Furthermore, the evidence does not indicate the sales volumes, the market share of the trade mark or the extent to which the trade mark has been promoted. As a result, the evidence does not show that the trade mark is known by a significant part of the relevant public. Under these circumstances, the Opposition Division concludes that the opponent failed to prove that its trade mark has a reputation.

As seen above, it is a requirement for the opposition to be successful under Article 8(5) EUTMR that the earlier trade mark has a reputation. Since it has not been established that the earlier trade mark has a reputation, one of the necessary conditions contained in Article 8(5) EUTMR is not fulfilled, and the opposition must be rejected as far as this ground is concerned.

In any case, the Opposition Division also notes that the opponent did not provide any facts, arguments or evidence that could support the conclusion that the use of the contested trade mark would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier trade mark.

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

Sandra IBAÑEZ

Benoit VLEMINCQ

Pedro JURADO MONTEJANO

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.