OPPOSITION No B 3 056 760

Rui Alvim de Faria, Rua Hintze Ribeiro nº585, sala 204, 4450-692 Leça da Palmeira, Portugal (opponent), represented by Vasco Moutinho, Rua de Avilhoso nº111/113, 4455-017 Matosinhos, Portugal (professional representative)

a g a i n s t

Triple S Sports Consultancy Ltd, c/o Kenneth Law Shepherd, 3 Jesmond Park Mews, 9 Jesmond Park West, NE7 7BA Newcastle Upon Tyne, Tyne and Wear, United Kingdom (applicant), represented by Murgitroyd & Company, Scotland House, 165-169 Scotland Street, G5 8PL Glasgow, United Kingdom (professional representative).

On 18/09/2019, the Opposition Division takes the following

DECISION:

1. Opposition No B 3 056 760 is rejected in its entirety.

2. The opponent bears the costs, fixed at EUR 300.

REASONS

The opponent filed an opposition against all the goods and services of European Union trade mark application No 17 873 907 . The opposition is based on European Union trade mark registration No 15 170 673 . The opponent invoked Article 8(1)(a) and (b) EUTMR.

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

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

a) The goods and services

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

Class 41: Education, entertainment and sports; publishing and reporting; sports and fitness; education and instruction; gambling; audio and video production, and photography; summer camps [entertainment and education]; recreational camps; booking agencies concert tickets; presentation of musical performances; presentation of variety shows; presentation of live performances by a musical group; presentation of ballets; presentation of live comedy shows; presentation of dancing displays; magic shows (presentation of -); presentation of musical performance; presentation of live entertainment events; presentation of films; hosting of fantasy sports leagues; presentation of operas; clowning; presentation of concerts; presentation of musical concerts; hosting [organising] awards relating to television; hosting [organising] awards relating to videos; presentation of theatrical performances; presentation of recitals; hosting [organising] awards; hosting [organising] awards relating to films; audio-visual display presentations; cultural activities; entertainment, sporting and cultural activities; sporting and cultural activities; live band performances; live music performances; cabarets and discotheques; amusement centers; gospel choir singing; fan clubs; night clubs; songwriting; composition of music for others; live musical concerts; musical concerts by radio; musical concerts by television; game shows; party planning consultation; special event planning consultation; booking of performing artists for events (services of a promoter); booking of sports personalities for events (services of a promoter); corporate hospitality (entertainment); nursery schools; live demonstrations for entertainment; film demonstrations for instructional purposes; artistic direction of performing artists; directing of theatrical shows; disc jockeys for parties and special events; provision of recreational events; provision of entertainment information via television, broadband, wireless and on-line services; provision of entertainment information via the internet; provision of entertainment information by electronic means; providing information in the field of music; providing information, commentary and articles in the field of music via computer networks; provision of theatre facilities; provision of entertainment facilities in hotels; provision of recreational areas; providing recreational areas in the nature of play areas for children; providing digital music from the internet; providing on-line music, not downloadable; provision of multimedia entertainment programs by television, broadband, wireless and on-line services; providing dance halls; film distribution; entertainment; entertainment by means of concerts; entertainment provided by videotext systems; radio entertainment; entertainment in the nature of fashion shows; entertainment in the nature of dance performances; entertainment in the nature of ongoing game shows; entertainment in the nature of golf tournaments; entertainment in the nature of tennis tournaments; entertainment in the nature of an amusement park ride; television entertainment; screenplay writing; directing of musical shows; directing of plays; staging of light entertainment productions; direction or presentation of plays; live entertainment; entertainment by film; entertainment provided by cable television; entertainment by means of telephone; entertainment by means of roadshows; theatre entertainment; entertainment provided via a global communication network; entertainment by ip-tv; entertainment by means of wireless television broadcasts; entertainment relating to wine tasting; entertainment in the nature of gymnastic performances; entertainment in the nature of wrestling contests; entertainment in the nature of roller derbys; entertainment in the nature of competitions in the field of spelling; entertainment in the nature of yacht races; entertainment in the nature of beauty pageants; entertainment in the nature of air shows; entertainment in the nature of ballet performances; entertainment in the nature of circuses; entertainment in the nature of light shows; entertainment in the nature of magic shows; entertainment in the nature of baseball games; entertainment in the nature of basketball games; entertainment in the nature of on-going television programs in the field of variety; entertainment in the nature of television news shows; entertainment in the nature of boxing contests; entertainment in the nature of live performances and personal appearances by a costumed character; entertainment in the nature of orchestra performances; entertainment in the nature of track and field competitions; entertainment in the nature of weight lifting competitions; entertainment in the nature of laser shows; entertainment in the nature of ethnic festival; entertainment in the nature of football games; entertainment in the nature of symphony orchestra performances; entertainment in the nature of hockey games; entertainment in the nature of ice hockey games; entertainment in the nature of theater productions; entertainment in the nature of mobile phone television; interviewing of contemporary figures for entertainment purposes; live performances by rock groups; ballet shows; horse shows; circus performances; live comedy shows; live dance exhibitions; performance of dance, music and drama; satellite television shows; theatrical performances both animated and live action; rodeo shows; music performances; hypnotist shows [entertainment]; music-halls; road shows being entertainment services; theatrical floor shows provided at performance venues; play schemes [entertainment/education]; dance events; presentation of live performances; showing of prerecorded entertainment; exhibition of video films; cinema presentations; showing of films; movie studios; dance studios; fireworks displays; providing recreation facilities; club recreation facilities (provision of -); adventure training for children; providing cultural activities; provision of recreational activities; providing newsletters in the field of computer games via e-mail; providing zip line rides for recreational purposes; provision of live entertainment; entertainment provided via the internet; provision of on-line entertainment; provision of live shows; provision of non-downloadable films and television programs via pay-per-view television channels; provision of non-downloadable films and television programs via pay television; provision of non-downloadable films and television programs via a video-on-demand service; provision of recreation information; providing information in the field of entertainment by means of a global computer network; providing information to game players about the ranking of their scores of games through the web sites; providing information on-line relating to computer games and computer enhancements for games; providing entertainment information; provision of information relating to entertainment online from a computer database of the internet; provision of leisure facilities; providing facilities for entertainment; provision of facilities for outdoor recreational activities; provision of facilities for live band performances; provision of facilities for dancing; provision of amusement facilities; provision of play facilities for children; provision of entertainment facilities; providing facilities for movies, shows, plays, music or educational training; providing games; provision of games by means of a computer based system; providing interactive multi-player computer games via the internet and electronic communication networks; provision of on-line computer games; providing theater listings; providing digital music from mp3 internet web sites; provision of rooms for entertainment; providing theme park services; provision of sports and recreational services; provision of entertainment services through the media of cine-films; provision of entertainment services through the media of audio tapes; provision of entertainment via podcast; provision of entertainment services through the media of publications; providing a computer game that may be accessed by users on a global network and/or the internet; providing a computer game that may be accessed network-wide by network users; artistic management of theatre shows; artistic management of musical shows; information relating to entertainment, provided on-line from a computer database or the internet; information relating to computer gaming entertainment provided online from a computer database or a global communication network; recreation information; entertainment information; performing of music and singing; gardens for public admission; concert booking; booking of seats for shows and sports events; booking of entertainment halls; musical floor shows provided at performance venues; organizing community sporting and cultural events; arranging for students to participate in recreational activities; arranging of presentations for cultural purposes; arranging of presentations for entertainment purposes; organisation of recreational activities; organisation of group recreational activities; organisation of live performances; organization of balls; fan club organisation; organising of sports competitions and equestrian contests; pop music concerts (organisation of -); arranging of contests; arranging of beauty contests; organising of competitions [entertainment] by telephone; organisation of musical competitions; organisation of congresses and conferences for cultural and educational purposes; arranging of demonstrations for entertainment purposes; arranging of pageants; wedding celebrations (organisation of entertainment for -); arranging of visual and musical entertainment; arranging of visual entertainment; organising of entertainment; organisation of entertainment for birthday parties; organization of shows [impresario services]; organization of cultural shows; organising of stage shows; organization of shows for cultural purposes; organisation of shows; organisation of comedy shows; arranging of music performances; organisation of ice skating shows for live audiences; organisation of live musical performances; organising of shows for entertainment purposes; organisation of ceremonial events; organisation of events for cultural, entertainment and sporting purposes; organizing cultural and arts events; organization of dancing events; organising events for entertainment purposes; organisation of entertainment and cultural events; organising of sporting events, competitions and sporting tournaments; musical events (arranging of -); organising events for cultural purposes; organising of recreational events; organisation of dancing displays; organisation of parties; party planning [entertainment]; fetes (organisation of -) for cultural purposes; fetes (organisation of -) for entertainment purposes; fetes (organisation of -) for educational purposes; fetes (organisation of -) for recreational purposes; organising of festivals; arranging of festivals for cultural purposes; arranging of festivals for entertainment purposes; festivals (organisation of -) for recreational purposes; organising of festivals relating to jazz music; organisation of galas; organising of audience participative games; organisation of outings for entertainment; organising of theatre productions; organisation of automobile rallies, tours and racing events; arranging for ticket reservations for shows and other entertainment events; organising of meetings in the field of entertainment; organisation of entertainment services; organisation of recreational tournaments; organisation of webinars; organizing and presenting displays of entertainment relating to style and fashion; arranging and presenting of live performances; arranging and conducting of concerts; organizing and arranging exhibitions for entertainment purposes; organising and conducting lotteries; organisation and conducting of balls; arranging and conducting of meetings in the field of entertainment; organization, production and presentation of theatrical performances; amusement parks; planning of shows; party planning; planning of plays or musical shows; planning of movie shows; preparation of documentary programmes for the cinema; preparation of documentary programmes for broadcasting; preparation of special effects for entertainment purposes; entertainment in the form of recorded music (services providing -); rendering of musical entertainment by instrumental groups; provision of entertainment services through the media of video-films; provision of club entertainment services; production of documentaries; production of shows; production of live shows; production of stage shows; production of comedy shows; production of entertainment shows featuring singers; production of entertainment shows featuring dancers; production of entertainment shows featuring dancers and singers; production of entertainment shows featuring instrumentalists; production of music shows; production of ice skating shows; production of film studies; production of live performances; production of live entertainment events; production of plays; production of radio and television programmes; production of live television programmes for entertainment; production of live television programmes; production of live television programmes for education; lighting productions for entertainment purposes; theater production; wine tastings [entertainment services]; conducting of cultural events; conducting of entertainment events; conducting of film festivals; photographic reporting; theater productions; theatrical performances, music performances; booking of seats for shows; booking of seats for shows and booking of theatre tickets; booking of seats for entertainment events; cultural services; holiday camp services [entertainment]; cinema theaters; hospitality services (entertainment); entertainment agency services; booking agency services for cinema tickets; booking agency services for theatre tickets; audio-visual display presentation services for entertainment purposes; audio-visual display presentation services for educational purposes; ticket procurement services for entertainment events; entertainer services; advisory services relating to entertainment; live band performance services; electronic library services for the supply of electronic information (including archive information) in the form of text, audio and/or video information; box office services; ticket agency services [entertainment]; theatrical ticket agency services; power station visitor centre services [for education]; holiday camp amusement centre services; club [discotheque] services; fan club services (entertainment); night club services [entertainment]; social club services for entertainment purposes; comedy club services; dance club services; fan club services; club services [entertainment or education]; swimming pool and water chute complex services; song writing services; music composition services; singing concert services; consultancy services in the field of entertainment; consultancy services in the field of entertainment provided via the internet; provision of children’s stories by telephone; telephone conversation services for entertainment purposes; balloon decorating services; disc jockey services; discotheque services; audio entertainment services; musical entertainment; entertainment services provided at discotheques; entertainment services provided at nightclubs; entertainment services provided at a motor racing circuit; entertainment services provided by a musical vocal group; entertainment services provided by vocalists; entertainment services relating to quizzes; entertainment services in the nature of live performances of roller skating exhibitions and competitions; entertainment services in the form of cinema performances; computer and video game amusement services; entertainment, education and instruction services; jazz music entertainment services; holiday centre entertainment services; entertainment services provided at a race track; entertainment services provided by telephone; entertainment services performed by a musical group; entertainment services relating to sport; entertainment services in the nature of skating events; cinematographic entertainment services; animated musical entertainment services; closed circuit television entertainment services; video game entertainment services; entertainment services performed by musicians; entertainment services provided at country clubs; entertainment services provided on-line from a computer database or the internet; interactive entertainment services; staged light entertainment services; children’s entertainment services; entertainment services provided by hotels; entertainment services relating to the playing of golf; entertainment services relating to competitions; entertainment services in the nature of a wrestling club; internet radio entertainment services; rendering of musical entertainment by vocal groups; providing online entertainment in the nature of fantasy sports leagues; providing online entertainment in the nature of game tournaments; providing online entertainment in the nature of game shows; entertainment services for producing live shows; popular entertainment services; video entertainment services; entertainment services in the form of musical group performances; entertainment services in the form of musical vocal group performances; entertainment services relating to ten pin bowling; entertainment services in the form of concert performances; entertainment services in the nature of an amusement park show; entertainment services in the form of motion pictures; entertainment services in the nature of organizing social entertainment events; entertainment services in the form of television programmes; services of schools [education]; magic show services; laser show services; laser show services [entertainment]; music festival services; art gallery services provided on-line via a telecommunications link; racing information services provided by telephone; consultancy and information services relating to arranging, conducting and organisation of concerts; information and advisory services relating to entertainment; information services relating to recreation; ticket information services for shows; telephone information services relating to entertainment; ticket information services for entertainment events; leisure services; master of ceremony services for parties and special events; toastmaster services; game services provided by means of communications by computer terminals or mobile telephone; games services provided via computer networks and global communication networks; on-line gaming services; electronic games services, including provision of computer games on-line or by means of a global computer network; electronic games services provided by means of a global communication network; electronic games services provided via a global computer network; electronic game services provided by means of the internet; game services provided on-line from a computer network; electronic games services provided from a computer database or by means of the internet; show production services; adventure playground services; children’s adventure playground services; theme park services; amusement and theme park services; amusement park and theme park services; amusement park services with a theme of television productions; live show production services; audio tape production services; reservation services for concert and theatre tickets; reservation services for theatre tickets; reservation services for show tickets; reservation services for concert tickets; entertainment booking services; ticketing and event booking services; theatre booking services; dance hall services; services for the showing of cinematographic films; services providing entertainment in the form of live musical performances; freelance journalism; radio services for the provision of educational revision; entertainment services featuring fictional characters; entertainment services provided by performing artists; workshops for cultural purposes; workshops for recreational purposes.

The contested goods and services are the following:

Class 9: CD’s, DVD’s; sound and video recordings; computers, handheld computers; computer software; games software; downloadable electronic publications; downloadable electronic publications relating to games and gaming; covers for mobile phones and handheld computers.

Class 14: Precious metals; precious stones; jewellery, cufflinks; charms; horological and chronometric instruments; jewellery boxes; pins, tie pins, ornamental pins, jewellery pins, brooches; coins; medals; key fobs.

Class 16: Paper and cardboard; printed matter; books; magazines; book binding material; photographs; stationery; instructional and teaching material (except apparatus); printed publications; greeting cards; calendars, diaries, journals; stickers; postcards, collectable cards; stamps, postage stamps; pens, pencils, note paper/pads; collectors albums; posters, paper signs; leaflets; printed advertisements; programmes (including match programmes); brochures, manuals and handbooks; bags of plastic or paper; paper flags.

Class 18: Bags; bags for sports; wallets; luggage; trunks and travelling bags; umbrellas, parasols and walking sticks.

Class 21: Crockery; mugs; plates; pint glasses; bottles; drinking bottles for sports; flasks, hip flasks.

Class 25: Clothing, footwear, headgear; sportswear; T-shirts; football shirts; boots, football boots; studs for football boots; caps and visors; ties, neckties, scarves; sweat bands, wrist bands; underclothes; underwear, socks.

Class 26: Badges and buttons, not of precious metal; arm bands (clothing accessories).

Class 28: Toys, games and playthings; cuddly toys; sporting articles and equipment; football gloves; shin pads and knees pads for sports use; football goals; balls for games, footballs; ball pumps; playing cards.

Class 36: Finance and insurance services; fundraising and sponsorship; charitable fundraising services; charitable fundraising by means of entertainment and sporting events; financial sponsorship of sporting events.

Class 41: Entertainment; sporting and cultural activities; organisation of sporting events, including football events; arranging and conducting of entertainment and sporting events for charitable fundraising purposes; entertainment services in the form of television programmes, cable, satellite and internet programmes; production and presentation of television programmes, films, game shows and DVD’s; production of sporting events for radio, film and television; education; providing of training.

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.

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

The term ‘including’, used in the applicant’s and the opponent’s lists of goods and services, indicates that the specific goods and services 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).

Contested goods in Class 9

The contested computer software is similar to the opponent’s publishing and reporting as they have the same purpose, and they usually coincide in producer and relevant public.

The contested games software; downloadable electronic publications relating to games and gaming are similar to a low degree to the opponent’s entertainment, because they are complementary; they coincide in end user and producer.

The contested downloadable electronic publications are similar to the opponent’s education and instruction because they are complementary. Moreover, they coincide in distribution channels, end user and producer.

The contested CD’s, DVD’s; sound and video recordings; computers, handheld computers (listed twice); covers for mobile phones have nothing in common with the opponent’s services. They have different natures and purposes, target different consumers, are distributed through different channels and are manufactured and provided by different undertakings. They are therefore dissimilar.

Contested goods in Class 16

Teaching materials in Class 16 have the same purpose and are complementary to educational courses in Class 41. Generally, the materials are issued by the same undertaking and share the same public and distribution channels. These goods are similar to the services in question (23/10/2002, T‑388/00, ELS, EU:T:2002:260). Therefore, the contested printed matter; books; magazines; instructional and teaching material (except apparatus); printed publications; leaflets; brochures, manuals and handbooks are similar to the opponent’s education.

The remaining goods, namely paper and cardboard book binding material; photographs; stationery; greeting cards; calendars, diaries, journals; stickers; postcards, collectable cards; stamps, postage stamps; pens, pencils, note paper/pads; collectors albums; posters, paper signs; printed advertisements; programmes (including match programmes); bags of plastic or paper; paper flags have nothing in common with the opponent’s services. They have different natures and purposes, target different consumers, are distributed through different channels and are manufactured and provided by different undertakings. They are therefore dissimilar.

Contested goods in Class 28

The contested sporting articles and equipment; football gloves; shin pads and knees pads for sports use; football goals; balls for games, footballs; ball pumps are dissimilar to the opponent’s organizing of sporting events in Class 41.

Even though some producers of sporting articles and equipment nowadays also organise competitions or tournaments, this is not the rule, and they often aim to promote and strengthen the reputation of their own brand. Although there is a certain degree of complementarity between the two, this is not conclusive on its own for finding a similarity between the goods and the services.

The contested toys, games and playthings; cuddly toys; playing cards have nothing in common with the opponent’s services in Class 41. They have different natures and purposes, target different consumers, are distributed through different channels and are manufactured and provided by different undertakings. They are therefore dissimilar.

Contested services in Class 41

Entertainment; sporting and cultural activities; organisation of sporting events, including football events are identically contained in both lists of goods and services.

The contested education; providing of training overlap with, or are included in, the broad category of the opponent’s education and instruction and are therefore identical.

The contested arranging and conducting of entertainment and sporting events for charitable fundraising purposes; entertainment services in the form of television programmes, cable, satellite and internet programmes; production and presentation of television programmes, films, game shows and DVD’s; production of sporting events for radio, film and television are all included in the broad category of the opponent’s entertainment and are therefore identical.

Contested goods and services in Classes 14, 18, 21, 25, 26 and 36

These goods are mainly jewellery, precious metals, horological instruments and accessories in Class 14, bags, trunks and umbrellas in Class 18, crockery in Class 21, clothing, footwear and headgear in Class 25, clothing accessories in Class 26, and finance and insurance services in Class 36. They have nothing in common with the opponent’s services. They have different natures and purposes, target different consumers, are distributed through different channels and are manufactured and provided by different undertakings. They are therefore dissimilar.

b) 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 assumed to be identical are directed at the public at large and at business customers with specific professional knowledge or expertise in organising sporting and cultural events.

The public’s degree of attentiveness may vary from average to high, depending on the price, specialised nature, or terms and conditions of the goods and services purchased. For example, the degree of attention will increase for the arranging of sporting events or production and presentation of television programmes.

c) The signs

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).

When assessing the similarity of the signs, an analysis of whether the coinciding components are descriptive, allusive or otherwise weak is carried out to assess the extent to which these coinciding components have a lesser or greater capacity to indicate commercial origin. It may be more difficult to establish that the public may be confused about origin due to similarities that pertain solely to non-distinctive elements.

The verbal elements ‘One World One Game’ and ‘The World breaths Football’ in the earlier right will be understood by the English-speaking-part of the public in the relevant territory. Since the relevant services are, inter alia, services related to sports and entertainment, all these expressions refer to the characteristics of these services as they clearly bring ‘football’ to the mind and convey a laudatory message. These elements are therefore of reduced distinctiveness for these services for the English-speaking public. They are of normal distinctiveness for the other goods and services.

‘SOCCER AID’ in the contested sign is also meaningful in English, since ‘SOCCER’ means football and ‘AID’ may allude to volunteer organisations supporting football. Taking into account the relevant goods and services, this expression is also of reduced distinctiveness for the English-speaking public.

However, taking into account that the expressions in both signs are not basic English words, they are meaningless for the non-English-speaking part of the public and consequently of normal distinctiveness for that part of the public.

The Opposition Division will first examine the opposition in relation to the non-English-speaking part of the public for which the expressions in the signs have no meaning and have a normal degree of distinctiveness, since this is the most advantageous scenario for the opponent.

The figurative element in the earlier mark depicts a terrestrial globe inside a football. It refers to the characteristics of the relevant goods and services since it brings ‘football’ to the consumers’ minds and also informs them that the sport is played worldwide or that the sport connects people throughout the world. It is therefore considered weak for the services in Class 41 that are related to sports and of normal distinctiveness for the remaining services.

The figurative element in the contested sign depicts part of the world, mainly the African and Asian continents, and, on top, part of a ball pattern might be recognised. It is a weak element since it refers to the relevant goods and services.

Visually, the signs coincide to the extent of the terrestrial globe, which is completely depicted in the opponent’s mark and partially depicted in the contested sign. The signs differ in the colour of the countries of this globe, which are green in the earlier mark and blue in the contested sign. The white football pattern in the earlier mark is complete and clearly defined, while in the contested sign this ball pattern is depicted partially and is therefore less obvious. Both figurative elements are considered of reduced distinctiveness, as seen above. The signs further differ in the expressions ‘One World One Game’ and ‘The World breaths Football’ of the earlier mark and the expression ‘SOCCER AID’ of the contested sign, and in the way they are displayed; the expressions are all of normal distinctiveness, as seen above. They also differ in the black background of the earlier mark, with no counterpart in the contested sign.

Therefore, the signs are visually similar to a very low degree.

Aurally, the pronunciation of the signs differs in the sound of all the expressions in the earlier mark and in the contested sign, all of which are distinctive. The signs have clearly different lengths (eight words v two words), and the sounds of each of the verbal elements that form them have nothing in common.

Therefore, the signs are aurally dissimilar.

Conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. As the signs will be associated with a similar concept produced by the figurative elements of the signs, the depiction of a (foot)ball and a globe, and taking into account their reduced distinctiveness for some of the relevant goods and services, their impact in the comparison of the signs is low and therefore the signs are conceptually similar to a very low degree.

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

d) 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 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 an element of reduced distinctiveness in the mark, as stated above in section c) of this decision.

e) 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 that can be made with the registered mark and 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, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 18; 11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 22).

The goods and services are partly identical, party similar to varying degrees and partly dissimilar. They target the public at large as well as business customers. The degree of attention may vary from average to high.

The signs are visually and conceptually similar to a very low degree, and aurally dissimilar. The distinctiveness of the earlier mark is normal.

Although both figurative elements depict a terrestrial globe (partial or complete), and a kind of sports ball, the differences between them are striking and create totally different overall impressions. Consequently, the Opposition Division considers that consumers will be able to safely distinguish them in the market and will not have the impression that the signs derive from the same undertaking or economically linked undertakings.

Moreover, the figurative elements in both signs are weak for part of goods and services, since they merely refer to ‘football’, or ‘sports’ in general, as seen above. Therefore, they will not be perceived as a badge of origin.

Considering all the above, there is no likelihood of confusion on the part of the public. Therefore, the opposition must be rejected.

This absence of a likelihood of confusion equally applies to the English-speaking part of the public for which the expressions ‘One World One Game’ and ‘The World breaths Football’ in the earlier mark and ‘SOCCER AID’ in the contested sign are meaningful, as explained above, because that part of the public will perceive the signs as being even less similar due to conceptual differences.

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

COSTS

According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.

Since the opponent is the losing party, it must bear the costs incurred by the applicant in the course of these proceedings.

According to Article 109(7) EUTMR and Article 18(1)(c)(i) EUTMIR (former Rule 94(3) and Rule 94(7)(d)(ii) EUTMIR, in force before 01/10/2017), the costs to be paid to the applicant are the costs of representation, which are to be fixed on the basis of the maximum rate set therein.

The Opposition Division

Sofia SACRISTAN MARTINEZ

Sylvie ALBRECHT

Tzvetelina IANTCHEVA

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.