OPPOSITION No B 3 067 901

MIP Metro Group Intellectual Property GmbH & Co. KG, Metro-Str. 1, 40235, Düsseldorf, Germany (opponent)

a g a i n s t

Metronia S.A., C/ Lanzarote, Nº 8, 28703 San Sebastián de los Reyes (Madrid), Spain (applicant), represented by Sonia Álvarez López, Núñez de Balboa 31, 28001 Madrid, Spain (professional representative).

On 03/04/2020, the Opposition Division takes the following

DECISION:

1. Opposition No B 3 067 901 is rejected in its entirety.

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

REASONS

The opponent filed an opposition against some of the goods and services of European Union trade mark application No 17 930 517, namely against all the goods and services in Classes 9, 16, 28, 35, 38 and 41. The opposition is based on German trade mark registrations No 302 016 110 846 and German trade mark registration No 302 018 102 147 . 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.

a) The goods and services

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

1. German trade mark registration No 302 016 110 846

Class 9: Databases (electronic); media content; software; mobile apps; peripherals adapted for use with computers; cases for tablet computers; netbooks (computers) and notebook computers; data processing apparatus; data carriers; computers; electronic publications; scientific apparatus and instruments; photographic apparatus and instruments; optical apparatus and instruments, measuring apparatus and instruments, laboratory apparatus and instruments; teaching apparatus and instruments; compact discs; DVD's; digital recording media; computer software; spectacles; spectacle cases; digital photo frames; electronic book readers; binoculars; sleeves for laptops; cabinets for loudspeakers; laser pointers; pocket calculators; USB flash drives.

Class 16: Decoration and art materials and media; bags and articles for packaging, wrapping and storage of paper, cardboard or plastics; paper and stationery as well as teaching materials; printed matter; paper and cardboard; disposable paper products; letter- openers; posters; maps; writing and stamping implements; correcting and erasing implements; ball pens; bookbinding material; photographs [printed]; artists' materials; office requisites, except furniture; transfers [decalcomanias]; folders for papers; document files [stationery]; albums; moisteners [office requisites]; announcement cards [stationery]; document laminators for office use; stickers [stationery]; cabinets for stationery [office requisites]; pencils; pencil holders; pencil leads; pencil sharpeners, electric or non-electric; pads [stationery]; booklets; paperweights; letter trays; writing paper; brochures; books; bookends; clips for offices; document holders [stationery]; covers [stationery]; obliterating stamps; labels of paper or cardboard; stencil cases; flags of paper; inking ribbons; pen clips; bottle wrappers of paper or cardboard; correcting fluids [office requisites]; flyers; plastic film for wrapping; sheets of reclaimed cellulose for wrapping; forms, printed; photo-engravings; franking machines for office use; stuffing of paper or cardboard; geographical maps; terrestrial globes; greeting cards; elastic bands for offices; gummed tape [stationery]; stands for pens and pencils; stapling presses [office requisites]; envelopes [stationery]; calendars; cards; catalogues; adhesive tapes for stationery or household purposes; apparatus for mounting photographs; adhesive tape dispensers [office requisites]; clipboards; copying paper [stationery]; bookmarkers; office perforators; plastic bubble packs for wrapping or packaging; marker pens; notebooks; files [office requisites]; table napkins of paper; handkerchiefs of paper; conical paper bags; rubber erasers; passport covers; push pins; trading cards, other than for games; desk mats; photograph stands; sealing stamps; holders for stamps [seals]; cases for stamps [seals]; stamp pads; blackboards; paper shredders for office use.

Class 28: Sporting articles and equipment; Christmas tree decorations and artificial Christmas trees; novelties; parlour games; appliances for gymnastics; playing cards; sporting articles and equipment; play ballons; stuffed toys; plush toys; dolls; jokes (playthings); balls for games; toy vehicles; toy figures; rackets; toys; games.

Class 35: Auctioneering services; human resources management and recruitment services; collection and systematization of business data; dissemination of advertising for others via an on-line electronic communications network; computerized processing of on-line purchase orders; collecting information for business in databases; collecting information for advertising on goods and services provided by others in a computer database; development of bonus and reward schemes as customer retention measures with discounted distribution services; development of bonus and reward schemes as customer retention measures for marketing purposes, namely the administration of a discount programme to enable discounts on distribution services for participants through the use of a discount programme for members; arranging of commercial and business contacts for the sale and purchase of goods and services; ordering services, delivery order services and invoice processing, also for e-commerce, for general goods and consumer products; service presentations on the internet; arranging subscriptions to publications for others, arranging subscriptions to Internet services for others, arranging subscriptions to online publications for others; retails services with electronic games, computer games, video games, electronic game software and video game software, films, music; online retail services with streamed and downloadable recorded electronic games, films, series, music and other data; advertising services, namely the dissemination of advertising for others via an electronic online communication network and the compilation of information in computer databases; retail and/or wholesale services, as well as online or retail services via catalogues related to food and beverages, tobacco, alcoholic and non-alcoholic drinks, chemical preparations, cleaning, polishing, grinding and washing preparations, toiletries, pharmacy goods, cosmetics, beauty products, sanitary preparations, medical, pharmaceutical and veterinary supplies, perfumery, paper, stationery, clothing, clothing accessories, shoes, footwear, headgear, mats, housewares, machines for household purposes, hand tools, building materials, gardening articles, agricultural devices, optical goods, electrical and electronic apparatus, software, computer hardware, smartphones, telephones, computer, jewellery, clocks, downloadable music files, downloadable videos, downloadable games downloadable software and apps, sporting articles, textile goods, luggage and bags, packaging materials, pouches, paper products, apparatus for heating and refrigeration, printed forms, lighting, metal hardware, shades, works of art, kitchen utensils, cooking utensils, household and industrial kitchen appliances, cutting implements, cutlery, knives, scissors, toys, furniture, furnishings, auto accessories, candles, tools and metal goods, handyman articles, flowers, plants, seeds for planting, hobby and do-it-yourself needs, electronic goods, sound recording and data carriers, lighting, heating, cooking, cooling, drying and ventilation apparatus, sanitary installations and accessories, vehicles, vehicle parts and vehicle accessories, fireworks, optical instruments and devices, musical instruments, office requisites, except furniture, saddlery, tents, tarpaulins, leather and imitation leather goods, agricultural, garden and forestry products, foodstuffs for animals, smoking articles, tobacco; import and export services; receiving, processing and handling of orders (office functions); procurement services for others [purchasing goods and services for other businesses]; business management in the field of order placement and delivery services and invoice management services, including within the framework of e-commerce; invoicing; planning of bonus and loyalty programmes as customer retention programmes for marketing purposes [insofar as these are included in this class]; tracking of bonus and loyalty programmers using the evaluation of mathematical data to produce statistics and the compilation of statistical data [insofar as these are included in this class]; advertising; attracting customers and customer care by means of mail advertising (mailings); organisation and conducting of exhibitions and trade fairs for commercial or advertising purposes; planning, devising and conducting advertising initiatives; advertising by sponsoring; publication of printed matter for advertising purposes; demonstration of goods; sales promotion for others; rental of advertising space, advertising material and advertising time in communication media; sample distribution; sponsorship search; marketing (market research), including on digital networks; market research; opinion polling; merchandising (sales promotion); data search in computer files for others and/or business research; commercial information agencies; maintenance of data in computer databases; price investigations for goods and services; invoice management for electronic ordering systems; office machines and equipment rental, vending machines and sales stands; arranging subscriptions to telecommunication services for others; negotiation of commercial and business contacts for others also over the internet, arranging commercial transactions for others, also as part of e-commerce, of cellular phone contracts [for others], negotiation of agreements concerning the buying and selling of goods for others; arranging advertising and promotional contracts for others; arranging newspaper subscriptions for others; business consultancy and advisory services; business management; professional business consultancy for franchise concepts; business consultancy for start-up businesses; business administration; clerical services.

Class 38: Telecommunication services; information about telecommunication; providing access to information on the internet; providing telecommunication connections to a global computer network; communications by computer terminals; electronic bulletin board services [telecommunications services]; radio communication; satellite communication services for business users; transmission of electronic mail; telecommunications routing and junction services; communications by cellular phones; message sending; news agency services; electronic message collection and transmission; telephone services; electronic transmissions of downloadable audio and video files via computer and communication networks; providing interactive chat rooms for the transmission of messages amongst computer users and subscribers on a broad range of topics; streaming for the transmission of electronic games, music, films and videos over the internet; renting access time to global computer networks with means for identifying, localising, grouping, disseminating and administering data and connections to the computer servers of others, to computer processors and to computer users; providing access to online databases from the food and beverages sector; data transmission services via telecommunication networks and wireless telecommunication networks in the area of entertainment; providing access to product information related to food, beverages and consumer goods; providing audio, video and audio visual content via social networks [transmission services]; providing access to a website for social networking for the purposes of information and entertainment; acquisition of access to online computer databases and searchable online databases in the field of information sharing and networking.

Class 41: Publishing and reporting; educational instruction; entertainment services; sporting and cultural activities; seminars; arranging and conducting of congresses; provision of education courses; organisation of sports competitions; on-line ticket agency services for entertainment purposes; ticket reservation for cultural events; arranging for ticket reservations for shows and other entertainment events; provision of training and education; providing swimming pools; provision of health club [physical exercise] facilities; health club services [health and fitness training]; providing sports training facilities; nursery schools; sport camp services; providing sports facilities; publication of printed matter.

2. German trade mark registration No 302 018 102 147

Class 9: Databases (electronic); downloadable course materials for training and education; computer software for creating blogs; downloadable on-line electronic publications; digital terminals; software and software applications, mobile apps; smart phones; data processing apparatus; databases; data storage media; recorded content; peripherals adapted for use with computers; cases and covers for computers, netbooks and notebooks; electronic publications, downloadable; USB flash drives; memory cards; compact discs; DVDs; digital recording media; glasses, VR glasses; cabinets for loudspeakers; laser pointers (luminous pointers); pocket calculators.

Class 16: Teaching materials [except apparatus]; printed matter; paper; posters; photographs [printed]; stickers [stationery]; manuals [handbooks]; calendars; prospectuses; bags and cones of paper, cardboard or plastic; corkboard pins; writing tablets.

Class 35: Business management, business administration, office functions; compiling, systematisation, updating and maintenance of data in computer databases; invoice management for electronic ordering systems; computerized processing of on-line purchase orders; office machines and equipment rental; rental of office machinery and equipment; office machines and equipment rental; human resources management and recruitment services.

Class 38: Telecommunication services; providing access to information on the Internet; providing access to software on data networks for Internet access; providing access to Internet platforms; Internet portal services; providing telecommunications channels; providing Internet chatrooms and Internet forums; transmission of electronic mail; forwarding of messages and information of all kinds to Internet addresses (web messaging); rental of telecommunication equipment and data transmission equipment; providing user access to computer programmes in data networks

Class 41: Organising, planning and conducting Hackathon events and competitions; organising, planning and conducting events and competitions relating to computers, information technology, programming, software, technology and innovation; organising, planning and conducting conferences, workshops, classes, trainings and seminars relating to computers, information technology, programming, software, technology and innovation; entertainment services relating to Hackathon; providing electronic publications relating to computers, information technology, programming, software, technology and innovation, not downloadable; information and consultancy relating to the aforementioned services, including online provision of all aforementioned services via databases or the Internet; training; cultural activities.

The contested goods are the following:

Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data media; phonograph records; compact discs, dvds and other digital recording media; mechanisms for coin-operated apparatus; cash registers; calculators; data processing equipment; computers; software in relation to the recreational games and gambling sector; fire-extinguishing apparatus; none of the aforesaid goods in the field of accounting, invoicing, measuring, monitoring, signalling, inspecting and controlling the consumption of energy, heat and/or water.

Class 16: Paper, cardboard; printed matter in relation to the recreational games and gambling sector, not including printed articles in the form of newspapers and published printed materials in relation to news publications; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging; printers' type; printing blocks.

Class 28: Games; gymnastic and sporting articles; bingo cards; board games; playing balls; toys; automatic coin-operated games; slot machines; arcade game machines, including machines for amusement arcades and gaming rooms; gaming machines operated by coins, tokens or any other means of pre-payment; automatic amusement machines; free-standing video games apparatus; electronic hand-held game units; games equipment for casinos, bingo halls and other gambling halls, decorations for Christmas trees.

Class 35: Advertising in relation to the recreational games and gambling sector; business management; business administration; office functions, dissemination of advertising matter and business management relating to bingo halls and amusement arcades, wholesaling and retailing in shops and via global computer networks of games, furniture, amusement machines, slot machines and betting machines for bingo halls; marketing and sale of software for the operation of the game of bingo and other authorised games; franchising services, namely mediation and the transfer of organisational, business and advertising knowledge on the management and/or setting up of businesses; none of the aforesaid services in the field of accounting, invoicing, measuring, monitoring, signalling, inspecting and controlling the consumption of energy, heat and/or water.

Class 38: Telecommunication services; communication services via computer terminals; computer-aided transmission of messages and images; access to electronic games played via global data transmission networks; providing on-line access to downloadable electronic and computer games, downloadable electronic and computer game updates and samples; none of the aforesaid services in the field of accounting, invoicing, measuring, monitoring, signalling, inspecting and controlling the consumption of energy, heat and/or water.

Class 41: Education; providing of training; entertainment; sporting and cultural activities, game services provided via telematic networks or any other means; organization of competitions; operating of lotteries; providing gaming house facilities; gambling; information in the field of entertainment and recreation, including an electronic bulletin board featuring information, news, tips and strategies relating to electronic, computer and video games, casinos, providing of recreation facilities; amusements and game machine rental services.

Some of the contested goods and services are identical or similar to goods and services on which the opposition is based. For reasons of procedural economy, the Opposition Division will not undertake a full comparison of the goods and services listed above. The examination of the opposition will proceed as if all the contested goods and services were identical to those of the earlier mark which, for the opponent, is the best light in which the opposition can be examined.

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

The degree of attention may vary from average to high, depending on the price, sophistication, specialised nature, or terms and conditions of the goods and services purchased.

c) The signs

1. German trade mark registration No 302 016 110 846 2. German trade mark registration No 302 018 102 147	METRONIA
Earlier trade marks	Contested sign

The relevant territory is Germany.

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).

In its judgment T-290/07, Metronia, EU:T:2008:562, involving the same parties and trade marks similar to the above, namely the earlier and the contested , the Court considered that ‘it is common ground that the mark applied for (i.e. ) might call to mind a fictitious place, such as ‘Metropolis’, or be regarded as a neologism. By contrast, it cannot be asserted that, when it sees the word ‘metro’, the German public would think of an underground railway system, unless the word was used to refer to a foreign railway system.’

Although the signs in the present case are not exactly the same as those that were the object of the cited judgment, the Court’s considerations equally apply to the present case given that both earlier mark 1 and the contested sign contain the same words as the signs at issue in that judgment, namely ‘METRO’ and ‘METRONIA, respectively.

The above considerations also apply to the element ‘METRO’ of earlier mark 2 but it should be noted that when read and pronounced together, the elements ‘METRO’ and ‘NOM’ can be understood as by the relevant public as the German word ‘METRONOM’ (‘metronome’ in English) even though ‘NOM’ as such has no meaning whatsoever in German.

Regardless of all the above, the different words in the signs at issue, or the combination thereof in earlier mark 2, have no meaning whatsoever in relation to the relevant goods and services and therefore, they are distinctive to a normal degree.

Both earlier marks are figurative marks. It should be noted that in the case of earlier mark 1, the figurative elements are limited to a rather unsophisticated stylisation of the word element. The same stylisation is applied to the word elements of earlier mark 2 but this sign also contains a thick orange line displayed vertically between the sign’s word elements. While this figurative element is not particularly sophisticated either, and although it cannot be considered a dominant element, it remains that it is clearly visible given its highly contrasting colour and that it has a function within the sign in which it clearly serves the purpose of separating the word elements contained in the sign. Therefore and given that the element ‘NOM’ is written in the same typeface as ‘METRO’, the element ‘METRO’ of earlier mark 2 is not dominant either, contrary to the opponent’s view.

Visually, earlier mark 1 and the contested sign coincide in that the letters composing the earlier mark are all reproduced at the beginning of the contested sign whereas they differ in the remaining letters of the latter, ‘-NIA’, as well as in the stylisation of the earlier mark. In its judgment in case T-290/07, the General Court considered that the signs at issue were visually dissimilar notwithstanding the fact that the first four letters of the mark applied for are identical to those of the earlier mark and that, generally, the consumer’s attention is drawn to the beginning of a word, because of the presence of the figurative element of the globe that is intended to represent the letter ‘O’, the colour scheme and the additional suffix ‘nia’. In the present case, albeit different to the earlier mark in the cited judgment, the present earlier mark is equally a rather unsophisticated representation of the word ‘METRO’. However, the present contested sign does not contain any such figurative elements as displayed in the contested sign in the above-mentioned case. Therefore, the conclusion reached by the Court in the cited judgment cannot apply to the present signs and in view of all the foregoing, the signs here at issue must be considered similar, albeit to a low degree taking further into account that the earlier mark is relatively short whereas the contested sign is clearly longer with three additional letters at its end, thus substantially affecting the visual perception of the signs at issue. Indeed, in general, in respect of word marks which are relatively short, the central elements are as important as the elements at the beginning and the end of the sign (see, to that effect, judgements of 20 April 2005, Case T-273/02, ‘Calpis’, para. 39 and of 6 July 2004, T-117/02, ‘Chufafit’, para. 48). Therefore, the visual differences caused by the additional final letters in the contested sign are all the more obvious in the comparison with a relatively short word such as ‘METRO’ in the present case and these differences carry quite some weight despite their position at the end of the contested sign.

Earlier mark 2 and the contested sign also coincide in their initial sequence ‘METRO’. In addition, they also have the following letter ‘N’ in common but it should be noted that, in earlier mark 2, this letter is clearly separated by a vertical orange line from the preceding word ‘METRO’ that the signs have in common and visibly forms part of the earlier mark’s second word element whereas, in the contested sign, this letter is embedded as the sixth letter in the eight-letter word composing the sign. The signs differ further in the final letters ‘OM’ and the stylisation, including the vertical line and the colours, of the earlier mark, as well as in the final letters ‘IA’ in the contested sign. Therefore, here again, the conclusion reached by the Court in the cited judgment cannot apply to the signs here in conflict and in view of all the foregoing, they must be considered similar, albeit to a low degree given that the earlier mark is clearly composed of two word elements separated by a line in an eye-catching, highly contrasting colour whereas the contested sign is made up of a single word without any stylisation of any sort.

Aurally, the pronunciation of earlier mark 1 and the contested sign coincides in the sound of the letters ‛METRO’, present identically in both signs whereas it differs in the sound of the remaining letters of the latter, namely ‘-NIA’. In its judgment in Case T-290/07, Metronia, EU:T:2008:562, in which the signs at issue were pronounced the same way as the present signs, the General Court considered that ‘there is a certain aural similarity between the signs’ (see § 52 of the judgment). However, in its second judgment in relation to these signs, i.e. in its judgment of 08/09/2011, T‑525/09, Metronia, EU:T:2011:437, the Court further specified that ‘that similarity is not very strong, having regard to the fact that the mark applied for contains an extra syllable’ (§ 45). Therefore, in the present case, the similarity between the signs at issue must equally be considered low.

The pronunciation of earlier mark 2 and the contested sign also coincides in the sound of the letters ‛METRO’, present identically in both signs, yet, it differs in the sound of the remaining letters of both signs, namely ‘NOM’ in the earlier mark and ‘-NIA’ in the contested sign. While a certain aural similarity between the signs cannot be denied in the common initial syllables of the signs, the Opposition Division considers in view of the aural differences caused by the final syllables ‘NOM’, ending with a consonant, of the earlier mark, and ‘-NIA’, ending with a vowel, of the contested sign, that the signs at issue are aurally similar to a very low degree.

Conceptually, in its judgment T-290/07, Metronia, EU:T:2008:562, the Court considered that ‘there is no conceptual similarity between the signs at issue.’ (§ 53-54). This conclusion also applies to the signs in the present case given that both earlier mark 1 and the contested sign contain the same words as the signs at issue in that judgment, namely ‘METRO’ and ‘METRONIA, respectively.

The above conclusion also applies in the comparison with earlier mark 2 since it includes the word ‘METRO’ and, as seen above, the element ‘NOM’ has no meaning whatsoever in German. In the event that earlier mark 2 is perceived as referring to a ‘metronome’, the same conclusion stands given that the signs have no concept in common.

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

d) Distinctiveness of the earlier marks

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

The opponent did not explicitly claim within the time limit set by the Office for it to substantiate the earlier rights and submit further material which expired on 20/05/2019, that its marks are particularly distinctive by virtue of intensive use or reputation.

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

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 which can be made with the registered mark, the degree of similarity between the marks and between the goods or services identified (recital 11 of the EUTMR). 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, Sabel, EU:C:1997:528, § 22).

In the present case, the goods and services, assumed to be identical, are directed at the general public and at business customers. The degree of attention may vary from average to high. The signs are visually and aurally similar to a low or to a very low degree and there is no conceptual similarity between the signs at issue. The degree of distinctiveness of the earlier signs is one of the factors to be taken into account in the overall assessment (11/11/1997, C-251/95, Sabel, EU:C:1997:528, § 23) and in the present case, the distinctiveness of the earlier marks must be seen as normal.

While account is taken of the fact that even consumers who pay a high degree of attention need to rely on their imperfect recollection of trade marks (21/11/2013, T-443/12, ancotel, EU:T:2013:605, § 54), it remains that in the present case, the signs at issue differ significantly, whether visually or aurally, in their endings and further, in the comparison with earlier mark 1, in their respective lengths, and the Opposition Division considers that such significant differences, coupled with the lack of a common concept and the possibility to associate the signs at issue with totally different concepts, clearly outweigh the limited similarities between the signs.

Considering all the above, even assuming that the goods and services are identical, there is no likelihood of confusion on the part of the public. Therefore, the opposition must be rejected.

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

Begoña URIARTE VALIENTE

Martina GALLE

Claudia SCHLIE

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.