OPPOSITION No B 3 069 342

Comercio Tradicional y Electrónico, S.L., Avda. del Juguete, 20, 03440 Ibi, Spain (opponent), represented by Padima, Explanada de España, nº 11, Piso 1º, 03002 Alicante, Spain (professional representative)

a g a i n s t

Zibo Boncham Light Industry Products CO.,Ltd., (Room 501, Building B, Fonda E-Commerce Park) No.7226, Zhoulong Road, Zhoucun District, 255302 Zibo Shandong, People’s Republic of China (applicant), represented by Arpe Patentes y Marcas, S.L., C/Proción, 7, Edificio América II, Portal 2, 1ºC, 28023 Madrid-Aravaca, Spain (professional representative).

On 04/08/2021, the Opposition Division takes the following

DECISION:

1. Opposition No B 3 069 342 is partially upheld, namely for the following contested goods:

Class 11: All the goods applied for in this Class, except for air sterilisers; hearths; fireplaces, domestic; solar furnaces; watering installations, automatic; bath tubs; bath tubs for sitz baths; turkish bath cabinets, portable; solar thermal collectors [heating]; tanning apparatus [sun beds]; fumigation apparatus, not for medical purposes; filters for drinking water; book sterilization apparatus; milk sterilizers; footmuffs, electrically heated; stoves [heating apparatus]; heating cushions, electric, not for medical purposes; socks, electrically heated.

Class 20: All the goods applied for in this Class, except for bamboo; rattan; plaited straw, except matting; straw plaits; straw edgings; reeds [plaiting materials]; shoulder poles [yokes]; shells; beehives; nesting boxes for household pets; kennels for household pets; comb foundations for beehives; sections of wood for beehives; dog kennels; nesting boxes; fodder racks; honeycombs; scratching posts for cats; birdhouses; wood ribbon; window fittings, not of metal; door fittings, not of metal; door knockers, not of metal; window stops, not of metal or rubber.

Class 21: Candelabra [candlesticks]; works of art of porcelain, ceramic, earthenware, terra-cotta or glass; tableware, other than knives, forks and spoons; bread baskets for household purposes; grills [cooking utensils]; griddles [cooking utensils]; grill supports; fitted picnic baskets, including dishes; baskets for domestic use; camping grills; signboards of porcelain or glass; majolica; china ornaments; statues of porcelain, ceramic, earthenware, terra-cotta or glass; busts of porcelain, ceramic, earthenware, terra-cotta or glass; figurines [statuettes] of porcelain, ceramic, earthenware or glass; candlesticks; waste paper baskets; glass candlesticks; glass holders for candles; candlesticks with wind protection; thermally insulated containers for food; heat-insulated containers for beverages; insulating flasks; vacuum bottles; refrigerating bottles; heat-insulated containers; ice cube molds [moulds]; ice buckets; vessels of metal for making ices and iced drinks; portable cool boxes, non-electric; isothermic bags; cold packs for chilling food and beverages; reusable ice cubes; non-electric coolers for wine; powdered glass for decoration; coolers [ice pails].

2. European Union trade mark application No 17 800 202 is rejected for all the above goods. It may proceed for the remaining goods.

3. Each party bears its own costs.

REASONS

The opponent filed an opposition against all the goods of European Union trade mark application No 17 800 202 for the word mark ‘LALAHOME’, namely against all the goods in Classes 11, 20 and 21. The opposition is based on European Union trade mark registration No 17 358 599 for the figurative mark . The opponent invoked Article 8(1)(b) EUTMR.

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

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

1. The goods and services

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

Class 11: Outdoor apparatus for illumination and lighting, in particular table lamps, hanging lamps, wall lights, oil lamps, ceiling lights, lamps made of wood, lamps of paper, lamps made of wood veneer; barbecues for cooking, barbecue starters, cooking rings, barbecues; halogen lamps for furniture; spotlights; lighting fittings; outdoor lamps; searchlights; fans (electric -) for personal use; chandeliers; desk lighting; lighting ornaments [fittings]; Chinese lanterns; fairy lights for festive decorations; ice boxes; table lamp (lampshades for -); pedestal lamps; ceiling lights; lamps for outdoor use; wall lights; bedside lamps; studio lamps; portable hand lamps [for illumination]; decorative lights; ceiling lights; standard lamps; garden lamps.

Class 20: Furniture, mirrors, picture frames; photograph holders; photograph frames; figurines [statuettes] of wood, wax, plaster or plastic; lawn furniture; furniture; outdoor furniture; beach and camping furniture; sun loungers; picnic benches and tables; picture frames; carrycots; goods for decorating wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class 35: Advertising; business management; business administration; office functions; import and export services; wholesaling and retailing in shops and wholesaling and retailing via global communications networks of household goods, decorative objects, outdoor apparatus for illumination and lighting, apparatus for illumination and lighting, in particular table lamps, hanging lamps, wall lights, oil lamps, ceiling lights, lamps made of wood, lamps of paper, lamps made of wood veneer, barbecues for cooking, lighters for barbecues, boiling rings, grills (spit roasters), halogen lamps for furniture, spotlights, lighting elements, outdoor lamps, torches for lighting, electric fans for personal use, chandeliers, lights for desks, lighting ornaments (fittings), lanterns, Chinese lanterns, portable electric cool boxes, screens for table lamps, floor lamps, lamps for outdoor use, wall lamps, bedside lamps, studio lamps, portable hand lamps (for illumination), decorative lighting, ceiling lights, street lamps, garden lamps, games, toys and playthings, gymnastic articles, decorations for christmas trees, carpets, rugs, mats and matting, linoleum, wall hangings, beach and camping furniture, loungers, picnic benches and tables, furniture, mirrors, picture frames, frames for pictures, baskets, decorative goods of wood, cork, cane, reed, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, substitutes for all these materials, or of plastic materials, figurines, garden furniture, trunks, umbrellas, travelling bags, parasols, handbags, bags and pocket wallets, notecases, books, magazines, newspapers, stationery, jewellery, precious stones, horological and chronometric instruments, humidifiers, stoves, deep fryers, lights for desks, lighting ornaments (fittings), lights for festive decoration, Chinese lanterns, portable cool boxes, electric blankets, screens for table lamps, floor lamps, ceiling lamps, lamps for outdoor use, wall lamps, bedside lamps, studio lamps, hand-held portable lamps (for lighting), apparatus for lighting, screens (separators) of metal adapted for use with shower installations, illuminated push-buttons, hob covers, toilet lids, sets of decorative lights, electric tea makers, electric sandwich makers, bathroom fittings, boiling pans, heated trays, trays for keeping food warm, decorative lighting, electric candles, flameless candles, ventilators, heated towel rails, candles and wicks for lighting, nightlights (candles), lighting decorations for Christmas trees (candles), candles for use in the decoration of cakes, candles containing insect repellent, special occasion candles, table candles, candles for lighting, candles for absorbing smoke, floating candles, fruit candles, aromatherapy fragrance candles, scented candles, tealights, candle assemblies, altar candles, lamp wicks, wicks for lighting, wicks for candles, lamp oils, coloured flame torches, garden torches, fuels for lighting purposes, fuels for lighters; import and export; management assistance for franchised businesses.

The contested goods are the following:

Class 11: Light bulbs; light bulbs, electric; arc lamps; electric lamps; lamps; lamp casings; incandescent burners; carbon for arc lamps; lamp glasses; discharge tubes, electric, for lighting; light diffusers; sockets for electric lights; chandeliers; ceiling lights; filaments for electric lamps; lamp globes; lamp reflectors; Chinese lanterns; luminous tubes for lighting; electric lights for christmas trees; luminous house numbers; lamp shades; lampshade holders; street lamps; aquarium lights; fairy lights for festive decoration; string lights for festive decoration; bicycle lights; hanging lamps; miniature light bulbs; night lights [other than candles]; fluorescent tubes; lanterns for lighting; burners for lamps; lamp chimneys; oil lamps; framework of metal for ovens; structural plates for ovens; bakers' ovens; roasting spits; coffee roasters; plate warmers; fruit roasters; hot plates; griddles [cooking appliances]; grills [cooking appliances]; roasting apparatus; roasters; alcohol burners; brackets for gas burners; coffee percolators, electric; barbecues; multicookers; food steamers, electric; tortilla presses, electric; griddles, electric; electric outdoor grills; air sterilisers; electric fans for personal use; hearths; fireplaces, domestic; solar furnaces; watering installations, automatic; ornamental fountains; bath tubs; bath tubs for sitz baths; turkish bath cabinets, portable; solar thermal collectors [heating]; tanning apparatus [sun beds]; fumigation apparatus, not for medical purposes; filters for drinking water; book sterilization apparatus; milk sterilizers; footmuffs, electrically heated; stoves [heating apparatus]; heating cushions, electric, not for medical purposes; blankets, electric, not for medical purposes; electrically heated carpets; socks, electrically heated; electric candelabras.

Class 20: Cupboards; medicine cabinets; benches [furniture]; playpens for babies; cots; bassinettes; cradles; library shelves; bedsteads of wood; bottle racks; sideboards; desks; office furniture; costume stands; furniture; index cabinets [furniture]; filing cabinets; chairs [seats]; seats; chaise longues; head-rests [furniture]; hat stands; display stands; clothes hangers; shelves for file cabinets; armchairs; chests of drawers; counters [tables]; tables; mattresses; tea trolleys; drafting tables; divans; cabinet work; school furniture; shelves for typewriters; typing desks; beds; racks [furniture]; flower-stands [furniture]; flower-pot pedestals; gun racks; meat safes; chopping blocks [tables]; covers for clothing [wardrobe]; furniture of metal; newspaper display stands; magazine racks; washstands [furniture]; hospital beds; lecterns; coatstands; standing desks; umbrella stands; screens [furniture]; furniture shelves; writing desks; seats of metal; sofas; settees; bed bases; tables of metal; dressing tables; shelves for storage; lockers; deck chairs; trestles [furniture]; plate racks; showcases [furniture]; stands for calculating machines; dinner wagons [furniture]; massage tables; hydrostatic [water] beds, not for medical purposes; water beds, not for medical purposes; footstools; stools; hairdressers' chairs; garment covers [storage]; trolleys [furniture]; high chairs for babies; infant walkers; carts for computers [furniture]; book rests [furniture]; towel stands [furniture]; wall-mounted baby changing platforms; freestanding partitions [furniture]; inflatable furniture; jewellery organizer displays; shelving units; console tables; bookcases; valet stands; moses baskets; display shelves; casks of wood for decanting wine; fishing baskets; trays, not of metal; packaging containers of plastic; crates; bakers' bread baskets; bins, not of metal; boxes of wood or plastic; bottle casings of wood; baskets, not of metal; letter boxes, not of metal or masonry; corks for bottles; corks; staves of wood; closures, not of metal, for containers; sealing caps, not of metal; bungs, not of metal; bottle caps, not of metal; bottle closures, not of metal; stoppers for bottles, not of glass, metal or rubber; screw tops, not of metal, for bottles; screens for fireplaces [furniture]; keyboards for hanging keys; step stools, not of metal; silvered glass [mirrors]; moldings [mouldings] for picture frames; mirrors [looking glasses]; picture frames; picture frame brackets; picture rods [frames]; mirror tiles; hand-held mirrors [toilet mirrors]; bamboo; embroidery frames; fans for personal use, non-electric; rattan; plaited straw, except matting; straw plaits; straw edgings; reeds [plaiting materials]; wickerwork; bamboo curtains; shoulder poles [yokes]; bamboo furniture; furniture made of rattan; figures made of rattan; wicker baskets; works of art of wood, wax, plaster or plastic; bamboo baskets for industrial purposes; decorative baskets made of straw; mobiles [decoration]; bead curtains for decoration; busts of wood, wax, plaster or plastic; shells; figurines [statuettes] of wood, wax, plaster or plastic; wind chimes [decoration]; statuettes made of synthetic resins; works of art of nutshell; stakes, not of metal, for plants or trees; signboards of wood or plastics; decorations of plastic for foodstuffs; beehives; beds for household pets; nesting boxes for household pets; kennels for household pets; comb foundations for beehives; sections of wood for beehives; dog kennels; nesting boxes; fodder racks; honeycombs; scratching posts for cats; pet cushions; dispensers for dog waste bags, fixed, not of metal; birdhouses; wood ribbon; coathooks, not of metal; towel dispensers, fixed, not of metal; furniture fittings, not of metal; bed fittings, not of metal; bed casters, not of metal; partitions of wood for furniture; furniture casters, not of metal; clothes hooks, not of metal; table tops; doors for furniture; edgings of plastic for furniture; knobs, not of metal; bathtub grab bars, not of metal; brackets, not of metal, for furniture; bumper guards for cots, other than bed linen; legs for furniture; feet for furniture; bedding, except linen; cushions (pet -); pillows; air pillows, not for medical purposes; straw mattresses; bolsters; air cushions, not for medical purposes; air mattresses, not for medical purposes; mats for infant playpens; baby changing mats; sleeping mats; cushions; chair cushions; window fittings, not of metal; door fittings, not of metal; slatted indoor blinds; curtain rails; curtain rods; curtain hooks; curtain tie-backs; poles, not of metal; woven timber blinds [furniture]; indoor window shades [furniture]; indoor window blinds [shades] [furniture]; paper blinds; interior textile window blinds; door knockers, not of metal; window stops, not of metal or rubber; metal indoor window blinds; venetian blinds [indoor]; baskets, non-metallic; statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class; works of art of plastic; works of art made of wax; hooks, not of metal, for clothes rails; wardrobes.

Class 21: Candelabra [candlesticks]; works of art of porcelain, ceramic, earthenware, terra-cotta or glass; basins [receptacles]; butter dishes; butter-dish covers; basins [bowls]; bowls [basins]; bottles; cruets; fruit cups; spice sets; mess-tins; pots; vegetable dishes; utensils for household purposes; crumb trays; egg cups; paper plates; trays for domestic purposes, of paper; pepper pots; containers for household or kitchen use; salad bowls; salt shakers; services [dishes]; dishes; soup bowls; sugar bowls; cups; urns; tableware, other than knives, forks and spoons; table plates; candy boxes; cheese-dish covers; trays for domestic purposes; covers for dishes; jugs; pitchers; kitchen containers; flasks; cruet sets for oil and vinegar; cups of paper or plastic; lunch boxes; disposable table plates; bread baskets for household purposes; cooking pot sets; corkscrews, electric and non-electric; bottle openers, electric and non-electric; cooking skewers of metal; menu card holders; stew-pans; cauldrons; moulds [kitchen utensils]; cocktail shakers; glue-pots; strainers for household purposes; knife rests for the table; closures for pot lids; pot lids; blenders, non-electric, for household purposes; cooking pots; scoops for household purposes; cookery moulds; plates to prevent milk boiling over; cutting boards for the kitchen; funnels; whisks, non-electric, for household purposes; frying pans; fruit presses, non-electric, for household purposes; cake molds [moulds]; grills [cooking utensils]; griddles [cooking utensils]; grill supports; basting spoons [cooking utensils]; kitchen grinders, non-electric; mills for domestic purposes, hand-operated; bread boards; fitted picnic baskets, including dishes; glass goldfish bowls; rolling pins, domestic; pie servers; pepper mills, hand-operated; graters for kitchen use; napkin rings; napkin holders; epergnes; pressure cookers, non-electric; autoclaves, non-electric, for cooking; beaters, non-electric; heaters for feeding bottles, non-electric; kettles, non-electric; coasters, not of paper and other than table linen; baskets for domestic use; trivets [table utensils]; kitchen utensils; cooking utensils, non-electric; waffle irons, non-electric; bread bins; chopsticks; cocktail stirrers; confectioners' decorating bags [pastry bags]; cookie [biscuit] cutters; cookie jars; hot pots, not electrically heated; lazy susans; mixing spoons [kitchen utensils]; noodle machines, hand-operated; pastry cutters; spatulas for kitchen use; garlic presses [kitchen utensils]; baking mats; dripping pans; food steamers, non-electric; crushers for kitchen use, non-electric; potholders; bulb basters; tortilla presses, non-electric [kitchen utensils]; egg separators, non-electric, for household purposes; tablemats, not of paper or textile; place mats, not of paper or textile; ice tongs; salad tongs; serving ladles; pestles for kitchen use; mortars for kitchen use; ice cream scoops; nutcrackers; sugar tongs; ladles for serving wine; baking dishes; pizza peels; finger bowls; kitchen urns [not of precious metal]; vinegar cruets; cake moulds; cake domes; knife rests; non-electric egg beaters; candy boxes of precious metal; bowls of precious metal; epergnes of precious metal; butter pans; mixing cups; mustard pots; bottle openers; relish dishes; trays [household]; reusable stainless steel water bottles sold empty; reusable plastic water bottles sold empty; camping grills; cooking pans [non-electric]; wine openers; shallow bowls; kitchen cutting boards; salad spinners; fruit bowls; earthen pots; potato ricers; portable pots and pans for camping; insulating sleeve holder for beverage cups; paper cups; glass bulbs [receptacles]; glass vials [receptacles]; glass flasks [containers]; glass jars [carboys]; glass stoppers; glass bowls; glasses [receptacles]; painted glassware; boxes of glass; signboards of porcelain or glass; decanter tags; glass dishes; carafes; tumblers for use as drinking glasses; food preserving jars of glass; carboys; demijohns; ceramics for household purposes; crockery; majolica; earthenware saucepans; porcelain ware; pottery; china ornaments; statues of porcelain, ceramic, earthenware, terra-cotta or glass; busts of porcelain, ceramic, earthenware, terra-cotta or glass; figurines [statuettes] of porcelain, ceramic, earthenware or glass; beer mugs; drinking vessels; tea caddies; cabarets [trays]; decanters; drinking horns; siphon bottles for carbonated water; drinking bottles for sports; liqueur sets; pipettes [wine-tasters]; wine tasters [siphons]; tea services [tableware]; saucers; teapots; mugs; tea balls; tea infusers; coffee grinders, hand-operated; coffee services [tableware]; coffee filters, non-electric; coffee percolators, non-electric; coffeepots, non-electric; tea strainers; tankards; drinking glasses; drinking straws; hip flasks; wine aerators; saucers made of precious metals; drinking flasks for travellers; margarita glasses; drinking goblets; sake serving bottles (tokkuri); sports bottles sold empty; washing boards; nozzles for watering hose; watering devices; sprinklers; watering cans; buckets; pails; pouring spouts; boxes for dispensing paper towels; soap boxes; boot jacks; sifters [household utensils]; cinder sifters [household utensils]; ironing board covers, shaped; tie presses; sieves [household utensils]; washtubs; flat-iron stands; soap dispensers; shoe trees [stretchers]; drying racks for laundry; buckets made of woven fabrics; holders for flowers and plants [flower arranging]; flower pots; smoke absorbers for household purposes; glove stretchers; trouser presses; ironing boards; nozzles for watering cans; roses for watering cans; vases; dishes for soap; soap holders; chamber pots; dustbins; trash cans; sprinklers for watering flowers and plants; shoe horns; clothing stretchers; buttonhooks; piggy banks; toilet utensils; aerosol dispensers, not for medical purposes; candle rings; candlesticks; flower-pot covers, not of paper; deodorising apparatus for personal use; candle extinguishers; baby baths, portable; clothes-pegs; plungers for clearing blocked drains; rails and rings for towels; mop wringers; waste paper baskets; window-boxes; candle jars [holders]; mop wringer buckets; coin banks; glass candlesticks; glass holders for candles; candlesticks with wind protection; wall soap dishes; saucers for flower pots; flower pot holders; napkin dispensers; coal scuttles; shoe stretchers; back scratchers; cosmetic utensils; toilet cases; fitted vanity cases; perfume sprayers; perfume vaporizers; shaving brush stands; cosmetic spatulas; thermally insulated containers for food; heat-insulated containers for beverages; insulating flasks; vacuum bottles; refrigerating bottles; heat-insulated containers; ice cube molds [moulds]; ice buckets; vessels of metal for making ices and iced drinks; portable cool boxes, non-electric; isothermic bags; tea cosies; cold packs for chilling food and beverages; reusable ice cubes; non-electric coolers for wine; rags [cloth] for cleaning; pads for cleaning; scouring pads; abrasive pads for kitchen purposes; sponges for household purposes; gloves for household purposes; polishing gloves; gardening gloves; oven mitts; kitchen mitts; barbecue mitts; car washing mitts; crystal [glassware]; powdered glass for decoration; enamelled glass, not for building; drinking troughs; feeding troughs; poultry rings; rings for birds; bird baths; birdcages; mangers for animals; nest eggs, artificial; cages for household pets; litter trays for pets; litter boxes for pets; indoor terrariums [plant cultivation]; indoor aquaria; indoor terrariums [vivariums]; small animal feeders; animal activated livestock waterers; animal activated animal feeders; watering troughs for cattle; deep fryers, non-electric; toilet paper dispensers; toilet paper holders; boot trees [stretchers]; coolers [ice pails]; laundry drying racks.

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

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

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

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

Contested goods in Class 11

The contested arc lamps; electric lamps; lamps; bicycle lights; hanging lamps; oil lamps at least overlap with the opponent’s standard lamps. Therefore, they are identical.

Chandeliers; ceiling lights; Chinese lanterns; fairy lights for festive decoration; barbecues; electric fans for personal use are identically contained in both lists of goods (including synonyms).

The contested electric lights for Christmas trees; string lights for festive decoration are included in the broad category, or at least overlap with the opponent’s fairy lights for festive decorations. Therefore, they are identical.

The contested street lamps are included in the broad category of the opponent’s outdoor apparatus for illumination and lighting, in particular table lamps, hanging lamps, wall lights, oil lamps, ceiling lights, lamps made of wood, lamps of paper, lamps made of wood veneer. Therefore, they are identical.

The contested light bulbs; light bulbs, electric; lamp casings; incandescent burners; carbon for arc lamps; lamp glasses; discharge tubes, electric, for lighting; light diffusers; sockets for electric lights; filaments for electric lamps; lamp globes; lamp reflectors; luminous tubes for lighting; luminous house numbers; lamp shades; lampshade holders; aquarium lights; miniature light bulbs; night lights [other than candles]; fluorescent tubes; lanterns for lighting; burners for lamps; lamp chimneys; electric candelabras are at least similar to the opponent’s standard lamps. These goods are complementary and target the same public. In addition, they come from the same undertakings and are sold through the same distribution channels.

Likewise, the contested framework of metal for ovens; structural plates for ovens are similar to the opponent’s cooking rings because they are complementary and target the same public. In addition, they come from the same undertakings and are sold through the same distribution channels.

The contested ornamental fountains are similar to the opponent’s figurines [statuettes] of wood, wax, plaster or plastic in Class 20. These goods have the same producers and distribution channels, and furthermore target the same relevant public.

The contested bakers' ovens; roasting spits; coffee roasters; plate warmers; fruit roasters; hot plates; griddles [cooking appliances]; grills [cooking appliances]; roasting apparatus; roasters; alcohol burners; brackets for gas burners; coffee percolators, electric; multicookers; food steamers, electric; tortilla presses, electric; griddles, electric; electric outdoor grills are at least similar to a low degree to the opponent’s barbecues. Indeed, all these goods are intended for the processing of food by applying heat thus preparing it for consumption. The compared goods are usually manufactured by the same company. In addition, they are addressed to the same consumers, have the same distribution channels and are interchangeable.

Retail services concerning the sale of particular goods are similar to a low degree to those particular goods. Although the nature, purpose and method of use of these goods and services are not the same, they have some similarities, as they are complementary and the services are generally offered in the same places where the goods are offered for sale. Furthermore, they target the same public.

Therefore, the contested blankets, electric, not for medical purposes and electrically heated carpets are similar to a low degree the opponent’s wholesaling and retailing in shops and wholesaling and retailing via global communications networks of electric blankets, carpets.

The contested air sterilisers; hearths; fireplaces, domestic; solar furnaces; watering installations, automatic; bath tubs; bath tubs for sitz baths; turkish bath cabinets, portable; solar thermal collectors [heating]; tanning apparatus [sun beds]; fumigation apparatus, not for medical purposes; filters for drinking water; book sterilization apparatus; milk sterilizers; footmuffs, electrically heated; stoves [heating apparatus]; heating cushions, electric, not for medical purposes; socks, electrically heated are dissimilar to the opponent’s goods and services in Classes 11, 20 and 35. The fact that some of the contested goods, such as milk sterilizers, can be sold in the same outlets as the opponent’s goods and services is not sufficient to deem them similar. These goods have different natures, purposes and methods of use. Moreover, they are not complementary or in competition. They are not sold in the same undertakings and through the same distribution channels.

Contested goods in Class 20

Furniture; figurines [statuettes] of wood, wax, plaster or plastic are identically contained in both lists of goods.

The contested silvered glass [mirrors]; mirrors [looking glasses]; mirror tiles; hand-held mirrors [toilet mirrors] are included in or at least overlap with the broad category of the opponent’s mirrors. Therefore, they are identical.

The contested moldings [mouldings] for picture frames; picture frames; picture frame brackets; picture rods [frames]; embroidery frame are identical to the opponent’s picture frames as the contested goods are identically contained in both lists of goods or are included in the broad category of the opponent’s goods.

The contested figures made of rattan; works of art of wood, wax, plaster or plastic; mobiles [decoration]; busts of wood, wax, plaster or plastic; wind chimes [decoration]; statuettes made of synthetic resins; works of art of nutshell; decorations of plastic for foodstuffs; statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class; works of art of plastic; works of art made of wax are at least similar to the opponent’s figurines [statuettes] of wood, wax, plaster or plastic as they have the same purpose and are in competition. Furthermore, they are produced by the same companies, sold through the same distribution channels and target the same public. Some of these contested goods are also identical to the opponent’s figurines [statuettes] of wood, wax, plaster or plastic, either because the contested goods are identically contained in both lists, or because the contested goods include, overlap with, or are included in the opponent’s list of goods.

The contested cupboards; medicine cabinets; benches [furniture]; playpens for babies; cots; bassinettes; cradles; library shelves; bedsteads of wood; bottle racks; sideboards; desks; office furniture; costume stands; index cabinets [furniture]; filing cabinets; chairs [seats]; seats; chaise longues; head-rests [furniture]; hat stands; display stands; clothes hangers; shelves for file cabinets; armchairs; chests of drawers; counters [tables]; tables; mattresses; tea trolleys; drafting tables; divans; cabinet work; school furniture; shelves for typewriters; typing desks; beds; racks [furniture]; flower-stands [furniture]; flower-pot pedestals; gun racks; meat safes; chopping blocks [tables]; covers for clothing [wardrobe]; furniture of metal; newspaper display stands; magazine racks; washstands [furniture]; hospital beds; lecterns; coatstands; standing desks; umbrella stands; screens [furniture]; furniture shelves; writing desks; seats of metal; sofas; settees; bed bases; tables of metal; dressing tables; shelves for storage; lockers; deck chairs; trestles [furniture]; plate racks; showcases [furniture]; stands for calculating machines; dinner wagons [furniture]; massage tables; hydrostatic [water] beds, not for medical purposes; water beds, not for medical purposes; footstools; stools; hairdressers' chairs; garment covers [storage]; trolleys [furniture]; high chairs for babies; infant walkers; carts for computers [furniture]; book rests [furniture]; towel stands [furniture]; wall-mounted baby changing platforms; freestanding partitions [furniture]; inflatable furniture; jewellery organizer displays; shelving units; console tables; bookcases; valet stands; moses baskets; display shelves; casks of wood for decanting wine; trays, not of metal; packaging containers of plastic; bins, not of metal; boxes of wood or plastic; bottle casings of wood; baskets, not of metal; corks for bottles; corks; closures, not of metal, for containers; sealing caps, not of metal; bungs, not of metal; bottle caps, not of metal; bottle closures, not of metal; stoppers for bottles, not of glass, metal or rubber; screw tops, not of metal, for bottles; screens for fireplaces [furniture]; keyboards for hanging keys; wickerwork; bamboo curtains; bamboo furniture; furniture made of rattan; bamboo baskets for industrial purposes; decorative baskets made of straw; bead curtains for decoration; signboards of wood or plastics; beds for household pets; pet cushions; dispensers for dog waste bags, fixed, not of metal; coathooks, not of metal; towel dispensers, fixed, not of metal; furniture fittings, not of metal; bed fittings, not of metal; bed casters, not of metal; partitions of wood for furniture; furniture casters, not of metal; clothes hooks, not of metal; table tops; doors for furniture; edgings of plastic for furniture; knobs, not of metal; bathtub grab bars, not of metal; brackets, not of metal, for furniture; bumper guards for cots, other than bed linen; legs for furniture; feet for furniture; bedding, except linen; cushions (pet -); pillows; air pillows, not for medical purposes; straw mattresses; bolsters; air cushions, not for medical purposes; air mattresses, not for medical purposes; mats for infant playpens; baby changing mats; sleeping mats; cushions; chair cushions; slatted indoor blinds; curtain rails; curtain rods; curtain hooks; curtain tie-backs; poles, not of metal; woven timber blinds [furniture]; indoor window shades [furniture]; indoor window blinds [shades] [furniture]; paper blinds; interior textile window blinds; metal indoor window blinds; venetian blinds [indoor]; baskets, non-metallic; hooks, not of metal, for clothes rails; wardrobes are at least similar to the opponent’s furniture. These goods have at least in common to target the same public and to be sold in the same outlets. Some of the contested goods are also produced by the same companies and/or have a similar decorative purpose. Moreover, some of the goods are also identical to the opponent’s goods, either because they are identically contained or because they are included or include, as a broader category the opponent’s furniture.

The contested crates; letter boxes, not of metal or masonry; staves of wood; stakes, not of metal, for plants or trees are similar to the opponent’s furniture. These goods are complementary and are sold through the same distribution channels. Furthermore, they target the same public.

The contested step stools, not of metal are similar to a low degree to the opponent’s furniture. These goods may have the same purpose, as they are all moveable articles used to make a room suitable for living or work, in particular by allowing access to upper parts of the space (ladders, steps). Furthermore, the contested goods may have the same relevant public and distribution channels as the opponent’s goods.

Retail services concerning the sale of particular goods are similar to a low degree to those particular goods. Although the nature, purpose and method of use of these goods and services are not the same, they have some similarities, as they are complementary and the services are generally offered in the same places where the goods are offered for sale. Furthermore, they target the same public.

Therefore, the contested fishing baskets; bakers' bread baskets; wicker baskets are similar to a low degree to the opponent’s wholesaling and retailing in shops and wholesaling and retailing via global communications networks of baskets in Class 35.

The contested fans for personal use, non-electric are at least similar to a low degree to the opponent’s fans (electric -) for personal use in Class 11, because they have the same producers and distribution channels and target the same public.

Finally, the contested bamboo; rattan; plaited straw, except matting; straw plaits; straw edgings; reeds [plaiting materials]; shoulder poles [yokes]; shells; beehives; nesting boxes for household pets; kennels for household pets; comb foundations for beehives; sections of wood for beehives; dog kennels; nesting boxes; fodder racks; honeycombs; scratching posts for cats; birdhouses; wood ribbon; window fittings, not of metal; door fittings, not of metal; door knockers, not of metal; window stops, not of metal or rubber are dissimilar to the opponent’s goods and services in Classes 11, 20 and 35. These contested goods are raw materials, animal housing and very specific products. They are dissimilar to the opponent’s closest goods furniture in Class 20 since these goods do not have the same general purpose of furnishing or decorating a house, are distributed through specialised channels and target a specialised public.

Contested goods in Class 21

The contested candelabra [candlesticks]; candlesticks; glass candlesticks; glass holders for candles; candlesticks with wind protection are similar to the opponent’s chandeliers in Class 11. These goods have the same purpose and distribution channels. Furthermore, they target the same public.

The contested works of art of porcelain, ceramic, earthenware, terra-cotta or glass; signboards of porcelain or glass; majolica; china ornaments; statues of porcelain, ceramic, earthenware, terra-cotta or glass; busts of porcelain, ceramic, earthenware, terra-cotta or glass; figurines [statuettes] of porcelain, ceramic, earthenware or glass; are similar to the opponent’s figurines [statuettes] of wood, wax, plaster or plastic in Class 20, because they have the same decorative purpose and are in competition. Furthermore, they are sold through the same distribution channels and target the same public.

The contested tableware, other than knives, forks and spoons; grills [cooking utensils]; griddles [cooking utensils]; grill supports; camping grills are similar to the opponent’s barbecues in Class 11. These goods target the same relevant public and are produced by the same undertakings. In addition, they are sold through the same distribution channels.

The contested thermally insulated containers for food; heat-insulated containers for beverages; insulating flasks; vacuum bottles; refrigerating bottles; heat-insulated containers; ice cube molds [moulds]; ice buckets; vessels of metal for making ices and iced drinks; portable cool boxes, non-electric; isothermic bags; cold packs for chilling food and beverages; reusable ice cubes; non-electric coolers for wine; coolers [ice pails] are similar to the opponent’s ice boxes in Class 11. These goods have a purpose of maintaining the temperature of its contents and target the same public. Furthermore, they are sold through the same distribution channels and are produced by the same companies.

As already indicated, retail services concerning the sale of particular goods are similar to a low degree to those particular goods. Although the nature, purpose and method of use of these goods and services are not the same, they have some similarities, as they are complementary and the services are generally offered in the same places where the goods are offered for sale. Furthermore, they target the same public.

Therefore, the contested bread baskets for household purposes; fitted picnic baskets, including dishes; baskets for domestic use; waste paper baskets; powdered glass for decoration are similar to a low degree to the opponent’s wholesaling and retailing in shops and wholesaling and retailing via global communications networks of decorative objects, baskets.

However, the contested basins [receptacles]; butter dishes; butter-dish covers; basins [bowls]; bowls [basins]; bottles; cruets; fruit cups; spice sets; mess-tins; pots; vegetable dishes; utensils for household purposes; crumb trays; egg cups; paper plates; trays for domestic purposes, of paper; pepper pots; containers for household or kitchen use; salad bowls; salt shakers; services [dishes]; dishes; soup bowls; sugar bowls; cups; urns; table plates; candy boxes; cheese-dish covers; trays for domestic purposes; covers for dishes; jugs; pitchers; kitchen containers; flasks; cruet sets for oil and vinegar; cups of paper or plastic; lunch boxes; disposable table plates; cooking pot sets; corkscrews, electric and non-electric; bottle openers, electric and non-electric; cooking skewers of metal; menu card holders; stew-pans; cauldrons; moulds [kitchen utensils]; cocktail shakers; glue-pots; strainers for household purposes; knife rests for the table; closures for pot lids; pot lids; blenders, non-electric, for household purposes; cooking pots; scoops for household purposes; cookery moulds; plates to prevent milk boiling over; cutting boards for the kitchen; funnels; whisks, non-electric, for household purposes; frying pans; fruit presses, non-electric, for household purposes; cake molds [moulds]; basting spoons [cooking utensils]; kitchen grinders, non-electric; mills for domestic purposes, hand-operated; bread boards; glass goldfish bowls; rolling pins, domestic; pie servers; pepper mills, hand-operated; graters for kitchen use; napkin rings; napkin holders; epergnes; pressure cookers, non-electric; autoclaves, non-electric, for cooking; beaters, non-electric; heaters for feeding bottles, non-electric; kettles, non-electric; coasters, not of paper and other than table linen; trivets [table utensils]; kitchen utensils; cooking utensils, non-electric; waffle irons, non-electric; bread bins; chopsticks; cocktail stirrers; confectioners' decorating bags [pastry bags]; cookie [biscuit] cutters; cookie jars; hot pots, not electrically heated; lazy susans; mixing spoons [kitchen utensils]; noodle machines, hand-operated; pastry cutters; spatulas for kitchen use; garlic presses [kitchen utensils]; baking mats; dripping pans; food steamers, non-electric; crushers for kitchen use, non-electric; potholders; bulb basters; tortilla presses, non-electric [kitchen utensils]; egg separators, non-electric, for household purposes; tablemats, not of paper or textile; place mats, not of paper or textile; ice tongs; salad tongs; serving ladles; pestles for kitchen use; mortars for kitchen use; ice cream scoops; nutcrackers; sugar tongs; ladles for serving wine; baking dishes; pizza peels; finger bowls; kitchen urns [not of precious metal]; vinegar cruets; cake moulds; cake domes; knife rests; non-electric egg beaters; candy boxes of precious metal; bowls of precious metal; epergnes of precious metal; butter pans; mixing cups; mustard pots; bottle openers; relish dishes; trays [household]; reusable stainless steel water bottles sold empty; reusable plastic water bottles sold empty; cooking pans [non-electric]; wine openers; shallow bowls; kitchen cutting boards; salad spinners; fruit bowls; earthen pots; potato ricers; portable pots and pans for camping; insulating sleeve holder for beverage cups; paper cups; glass bulbs [receptacles]; glass vials [receptacles]; glass flasks [containers]; glass jars [carboys]; glass stoppers; glass bowls; glasses [receptacles]; painted glassware; boxes of glass; decanter tags; glass dishes; carafes; tumblers for use as drinking glasses; food preserving jars of glass; carboys; demijohns; ceramics for household purposes; crockery; earthenware saucepans; porcelain ware; pottery; beer mugs; drinking vessels; tea caddies; cabarets [trays]; decanters; drinking horns; siphon bottles for carbonated water; drinking bottles for sports; liqueur sets; pipettes [wine-tasters]; wine tasters [siphons]; tea services [tableware]; saucers; teapots; mugs; tea balls; tea infusers; coffee grinders, hand-operated; coffee services [tableware]; coffee filters, non-electric; coffee percolators, non-electric; coffeepots, non-electric; tea strainers; tankards; drinking glasses; drinking straws; hip flasks; wine aerators; saucers made of precious metals; drinking flasks for travellers; margarita glasses; drinking goblets; sake serving bottles (tokkuri); sports bottles sold empty; washing boards; nozzles for watering hose; watering devices; sprinklers; watering cans; buckets; pails; pouring spouts; boxes for dispensing paper towels; soap boxes; boot jacks; sifters [household utensils]; cinder sifters [household utensils]; ironing board covers, shaped; tie presses; sieves [household utensils]; washtubs; flat-iron stands; soap dispensers; shoe trees [stretchers]; drying racks for laundry; buckets made of woven fabrics; holders for flowers and plants [flower arranging]; flower pots; smoke absorbers for household purposes; glove stretchers; trouser presses; ironing boards; nozzles for watering cans; roses for watering cans; vases; dishes for soap; soap holders; chamber pots; dustbins; trash cans; sprinklers for watering flowers and plants; shoe horns; clothing stretchers; buttonhooks; piggy banks; toilet utensils; aerosol dispensers, not for medical purposes; candle rings; flower-pot covers, not of paper; deodorising apparatus for personal use; candle extinguishers; baby baths, portable; clothes-pegs; plungers for clearing blocked drains; rails and rings for towels; mop wringers; window-boxes; candle jars [holders]; mop wringer buckets; coin banks; wall soap dishes; saucers for flower pots; flower pot holders; napkin dispensers; coal scuttles; shoe stretchers; back scratchers; cosmetic utensils; toilet cases; fitted vanity cases; perfume sprayers; perfume vaporizers; shaving brush stands; cosmetic spatulas; tea cosies; rags [cloth] for cleaning; pads for cleaning; scouring pads; abrasive pads for kitchen purposes; sponges for household purposes; gloves for household purposes; polishing gloves; gardening gloves; oven mitts; kitchen mitts; barbecue mitts; car washing mitts; crystal [glassware]; enamelled glass, not for building; drinking troughs; feeding troughs; poultry rings; rings for birds; bird baths; birdcages; mangers for animals; nest eggs, artificial; cages for household pets; litter trays for pets; litter boxes for pets; indoor terrariums [plant cultivation]; indoor aquaria; indoor terrariums [vivariums]; small animal feeders; animal activated livestock waterers; animal activated animal feeders; watering troughs for cattle; deep fryers, non-electric; toilet paper dispensers; toilet paper holders; boot trees [stretchers]; laundry drying racks are dissimilar to the opponent’s goods and services in Classes 11, 20 and 35. These contested goods are specific tableware, cookware and containers, or articles for animals, household utensils for cleaning and cosmetic and toilet utensils. Therefore, they are of a different nature, purpose and method of use with the opponent’s goods in Classes 11 and 20, which are also specific goods. These goods are not in competition or complementary. They are also sold by different undertakings and through different distribution channels. As regards the opponent’s services in Class 35, these contested goods are clearly different to the opponent’s advertising; business management; business administration; office functions; import and export services; import and export; management assistance for franchised businesses which are specific services targeting professionals and provided by specific companies. They have different nature, purpose and method of use.

Finally, these goods are also different to the opponent’s retail and wholesale services, because, as already mentioned, a similarity between retail services and specific goods exists only if these goods are identical. In the present case, the opponent’s services, cover in particular wholesaling and retailing in shops and wholesaling and retailing via global communications networks of household goods. Nevertheless, due to the vagueness of the term household goods, it cannot be construed as relating to all the goods that can fit in a house since the purpose, qualities and methods of use have not been expressly identified in the specification. In the absence of an express limitation clarifying the term, the natural meaning of household goods cannot be sufficiently identified, and the goods and services are considered not similar.

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 and services found to be identical or similar to various degrees are directed at the public at large.

The degree of attention is average.

3. The signs

	LALAHOME
Earlier trade mark	Contested sign

The relevant territory is the European Union.

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

The earlier mark is a figurative mark consisting of the word element ‘LOLAhome’, depicted in a red typeface. ‘LOLA’ is in upper-case letters whereas ‘home’ is in lower-case letters. In addition, ‘LOLA’ is in bold. The contested mark is a word mark ‘LALAHOME’.

In the earlier mark, ‘LOLA’ will be perceived as a female given name by at least part of the public. In addition, according to a recent decision from the Boards of Appeal, the common element ‘home’ is understood by a large part of the relevant public within the European Union (12/06/2019, R 241/2019-5, home24 (fig.) / homify (fig.) § 44). Furthermore, ‘LALA’ has no meaning from the perspective of the vast majority of the relevant European public(03/08/2018, R 1975/2017-5, WARSZAWSKA LALA PLNY LALA (fig.) / Lala Berlin et al. § 33).

The unitary character of the European Union trade mark means that an earlier European Union trade mark can be relied on in opposition proceedings against any application for registration of a European Union trade mark that would adversely affect the protection of the first mark, even if only in relation to the perception of consumers in part of the European Union (18/09/2008, C‑514/06 P, Armafoam, EU:C:2008:511, § 57). Therefore, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.

In order to avoid rhetorical and artificial questions regarding the understanding of these elements by the non-English part of the public, the Opposition Division finds it appropriate to focus the comparison of the signs on the English-speaking part of the public.

As regards the element ‘LALAHOME’ in the contested sign, it has to be noted that the average consumer normally perceives a mark as a whole and does not proceed to analyse its various details (11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 23; 22/06/1999, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 25). However, the Court also holds that consumers, when perceiving a word sign, will break it down into word elements which, for them, have a concrete meaning or which resemble words known to them (11/11/2009, T‑277/08, Citracal, EU:T:2009:433, § 55). Therefore, the Opposition Division considers that the relevant consumers will perceive the signs as a juxtaposition of the element ‘LALA’ and ‘HOME’ as the second element ‘HOME’ is meaningful and will thus be perceived by the public within the element.

The common element ‘HOME’ is weak in relation to most of the relevant goods and services. This was confirmed in a recent Board of Appeal decision (12/06/2019, R 241/2019-5, home24 (fig.) / homify (fig.) § 43). However, in relation to some of the goods and services (e.g. bicycle lights in Class 11 or fishing baskets in Class 21) it has an average degree of distinctive character.

The word elements ‘LOLA’ and ‘LALA’ have no direct meaning in relation to the relevant goods and services and have an average degree of distinctive character.

The earlier figurative mark does not contain any dominant element.

The typeface of the earlier mark is not particularly distinctive. Therefore, to avoid useless repetition, the Opposition Division finds appropriate to compare simultaneously the signs visually and aurally.

Visually and aurally, the signs coincide in the string of letters ‘L*LAHOME’ and differ in their differing second letter, namely ‘O’ in the earlier mark and ‘A’ in the contested sign. Visually, the signs also differ in the typeface of the earlier mark.

Taking into account the above assessment, the common feature of the letters ‘L*LAHOME' in both signs and the consonant vowel pattern at the start of both signs, this constitutes a significant visual and phonetical similarity. In view of the above considerations, the Opposition Division finds the signs to be visually and phonetically similar at least to an average degree. Indeed, the degree of similarity is even high in the scenario where ‘HOME’ is distinctive, as the influence of this component will be equivalent to the elements ‘LALA/LOLA’ for these consumers.

Conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. As both signs will be perceived as referring to ‘HOME’ related goods, the signs are conceptually similar to a low degreein the scenario where ‘HOME’ is weak. On the other hand, in the scenario where ‘HOME’ is distinctive to an average degree, the signs are conceptually similar to an average degree.

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

4. Distinctiveness of the earlier mark

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

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

Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. In the present case, the earlier trade mark as a whole has no meaning for any of the goods and services in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal, despite the presence of a weak element in the mark for part of the goods and services, as stated above in section c) of this decision.

5. Global assessment, other arguments and conclusion

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

In the present case, the conflicting signs are visually and aurally similar to at least an average degree and conceptually similar to at least a low degree depending on the distinctiveness of the common element ‘HOME’. The contested goods are partly identical, partly similar to various degrees and partly dissimilar to the opponent’s goods and services.

The earlier mark has an average degree of distinctive character. The targeted public is the general public and the degree of attention is average.

Moreover, 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).

The marks are similar insofar as they both contain the sequence of letters ‘L*LAHOME’ and only differ because of their respective second letters, and in the typeface of the earlier mark, which is not particularly distinctive.

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the English-speaking part of the public and therefore the opposition is partly well founded on the basis of the opponent’s European Union trade mark registration. As stated above in section c) of this decision, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.

It follows from the above that the contested trade mark must be rejected for the goods found to be identical or similar to various degrees to those of the earlier trade mark. Indeed, the Opposition Division considers that the marks are sufficiently similar to outweigh the lower degree of similarity that was found between some of the goods and services.

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

COSTS

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

Nicole CLARKE

Birgit FILTENBORG

Julie, Marie-Charlotte HAMEL

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.