OPPOSITION No B 3 080 526

Hofapotheke -Allopathische u.Homöopathische Apotheke- Hofrat Dr.Carl Fuchs Nachf., Schillerplatz 5a, 70173 Stuttgart, Germany (opponent), represented by Liesegang & Partner mbB, Rechtsanwälte, Kettenhofweg 1, 60325 Frankfurt am Main, Germany (professional representative)

a g a i n s t

Fiammetta Dell’Anno, 103 Barcombe Avenue, SW2 3BQ London, United Kingdom (applicant).

On 04/02/2020, the Opposition Division takes the following

DECISION:

1. Opposition No B 3 080 526 is partially upheld, namely for the following contested goods:

Class 3: Cleaning and fragrancing preparations; essential oils and aromatic extracts; toiletries.

2. European Union trade mark application No 18 009 004 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 18 009 004 for the word mark ‘HORTUS’. The opposition is based on European Union trade mark registration No 9 115 668 for the word mark ‘HORTUSMED’. 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 services on which the opposition is based are the following:

Class 35: Advertising; business management services; business administration; office functions; advertising and merchandising (sales promotion), in particular in connection with the arranging and conducting of customer loyalty systems through advertising, and in connection with pharmacy services; arranging and conducting of customer loyalty schemes within the framework of business management, for others; distribution and dissemination of advertising materials; market research; marketing; commercial information services; business organisation consultancy, in particular for customer loyalty systems and in the field of bonus and reward schemes; procurement services, for others (acquisition of goods and services for others); compilation of data in computer databases, in particular for customer loyalty systems; business consultancy; marketing for pharmacies; collating, gathering, evaluating and providing of business information, in particular in the pharmaceutical field and the health care sector; distribution and issuing of customer cards without payment or discount functions, for others; issuing of customer cards for identification for purchasing purposes; organisational and professional business office functions with regard to mail order services; presentation of goods and services via online computer networks; business management in connection with franchising and franchising concepts; business administration in connection with franchising and franchising concepts; organisational and professional business consultancy in connection with the start-up and implementation of franchising; organisational and professional business consultancy with regard to business management and product commercialisation with regard to the framework conditions of a franchising agreement; advertising in connection with franchising and franchising concepts; organisational and professional business consultancy in connection with franchising and franchising concepts; business consultancy in connection with franchising and franchising concepts; personnel management consultancy in connection with franchising and franchising concepts; providing business information in connection with franchising and franchising concepts, including via electronic networks; administrative processing of orders, and order placement, order delivery services and invoice management, including within the framework of e-commerce; bringing together of goods, for others, for presentation and sales purposes, including in particular via the Internet, and wholesale and retail services via the Internet, in relation to chemicals, drug-store articles, cosmetics and household goods, health sector goods, sound carriers and data carriers, printed matter, paper goods and stationery, foodstuffs and beverages, medicines; retail services and the bringing together of goods, to enable customers to view and purchase these goods, namely in relation to bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, purgatives, preparations for slimming purposes, medicated, adjuvants for medical purposes, aricides, aconitine, albuminous milk, aldehydes for pharmaceutical purposes, algae controllants, alkaline iodides for pharmaceutical purposes, alkaloids for medical purposes, medicinal alcohol, alcohol for pharmaceutical purposes, amino acids for medical purposes, amino acids for veterinary purposes, analgesics, angostura bark for medical purposes, antibiotics, antiparasitic preparations, anti-rheumatism bracelets, anti-rheumatism rings, antiseptics, antiseptic cotton, anaesthetics, appetite suppressants for medical purposes, bracelets for medical use, medicines for human purposes, veterinary drugs, medicines for dental purposes, medicines for alleviating constipation, aseptic cotton, asthmatic tea, eye patches for medical purposes, preparations for eyes (for pharmaceutical purposes), acetates for pharmaceutical purposes, bath salt for medical use, bath preparations, medicated, therapeutic preparations for the bath, bacterial poisons, bacterial preparations for medical or veterinary purposes, bacteriological preparations for medical or veterinary purposes, balsams and balms for medical purposes, balsamic preparations for medical purposes, hygienic bandages, bandages for dressings, barks for pharmaceutical purposes, cotton for medical purposes, tranquillisers, biological preparation for medical purposes, biological preparations for veterinary purposes, biocides, lead water, blood for medical purposes, haematogen, leeches for medical purposes, blood plasma, depuratives, styptic pencils, confectionery, medicated, bromine for pharmaceutical purposes, powder of cantharides, chemico-pharmaceutical preparations, chemical contraceptives, chemical conductors for electrocardiograph electrodes, chemical preparations for the diagnosis of pregnancy, chemical preparations for medical purposes, chemical preparations for pharmaceutical purposes, chemical preparations for veterinary purposes, chemical reagents for medical or veterinary purposes, quinquina for medical purposes, quinine for medical purposes, chinoline for medical purposes, hydrated chloral for pharmaceutical purposes, chloroform, condurango bark for medical purposes, curare, sanitary towels, decoctions for pharmaceutical purposes, deodorants for clothing and textiles, deodorants, not for personal use, disinfectants for hygiene purposes, detergents for medical use, diabetic bread, diagnostic preparations for medical purposes, diastase for medical purposes, digitalin, dill water for medical purposes, dietetic substances adapted for medical use, dietetic beverages adapted for medical purposes, dietetic foods adapted for medical use, drugs for medical purposes, albuminous preparations for medical purposes, elixirs (pharmaceutical preparations), gentian for pharmaceutical purposes, enzymes for medical purposes, enzymes for veterinary purposes, enzyme preparations for medical purposes, enzyme preparations for veterinary purposes, edible plant fibres (non-nutritive), aluminium acetate for pharmaceutical purposes, esters for pharmaceutical purposes, eucalyptol for pharmaceutical purposes, eucalyptus for pharmaceutical purposes, fennel for medical purposes, pharmaceutical ferments, greases for medical purposes, greases for veterinary purposes, febrifuges, fish meal for pharmaceutical purposes, fly paper, fly glue, fly destroying preparations, formic aldehyde for pharmaceutical purposes, chilblain preparations, frostbite salve for pharmaceutical purposes, gallic acid for pharmaceutical purposes, gases for medical purposes, gelatine for medical purposes, royal jelly (for medical purposes), poisons, glucose for medical purposes, glycerine for medical purposes, glycerophosphates, guaiacol for pharmaceutical purposes, gum for medical purposes, gamboge for medical purposes, gurjun balsam for medical purposes, belts for women’s, sanitary pads, haemostatic pencils, denture adhesive cream, preparations for destroying dry rot fungus, yeast for pharmaceutical use, plasters, herb teas, remedies for foot perspiration, remedies for perspiration, charcoal for pharmaceutical purposes, extracts of hops for pharmaceutical purposes, hormones for medical purposes, hydrastine, hydrastinine, haemoglobin, hemorrhoid medications, corn remedies, corn rings for the feet, vaccines, in vitro diagnostic agents for medical use, pants, absorbent, for incontinents, insect destroying preparations, insect repellents, insecticides, irish moss for medical purposes, isotopes for medical purposes, jalap, iodine for pharmaceutical purposes, iodides for pharmaceutical purposes, iodoform, tincture of iodine, jujube, medicated, potassium salts for medical purposes, preparations of lime for pharmaceutical purposes, calomel, camphor for medical purposes, camphor oil for medical purposes, candy for medical purposes, capsules for medicines, carbolineum (parasiticides), poultices (envelopes), cachou for pharmaceutical purposes, chewing gum for medicinal purposes, germicides, adhesive tapes for medical purposes, adhesive tapes for medical purposes, cocaine, collodion for pharmaceutical purposes, compresses, headache pencils, creosote for pharmaceutical purposes, croton bark, smoking herbs for medical purposes, cultures of micro-organisms for medical or veterinary purposes, liquorice for pharmaceutical purposes, stick liquorice for pharmaceutical purposes, milk sugar (lactose), laxatives, cod liver oil, linseed for pharmaceutical purposes, linseed meal for pharmaceutical purposes, lecithin for medical purposes, liniments, lotions for pharmaceutical purposes, lotion for veterinary purposes, air freshening preparations, air purifying preparations, lupulin for pharmaceutical purposes, solutions for contact lenses, solvents for removing adhesive plasters, magnesia for pharmaceutical purposes, malt for pharmaceutical purposes, malted milk beverages for medical purposes, milk of almonds for pharmaceutical purposes, mangrove bark for pharmaceutical purposes, medicinal drinks, medicinal herbal infusions, medicated preparations for hair growth, medical teas, medicinal herbs, sea water for medicinal bathing, flour for pharmaceutical purposes, melissa water for pharmaceutical purposes, milking grease, menstruation knickers, menstruation tampons, menthol, articles for headache, milk ferments for pharmaceutical purposes, milk sugar (lactose), mineral nutritional supplements, mineral water for medical use, salts of mineral waters, preparations for the treatment of burns, soil-sterilising preparations, anti-uric preparations, preparations for callouses, preparations to facilitate teething, moulding wax for dentists, moleskin for medical purposes, sanitary pads, menstruation knickers, mud for baths, medicinal sediment, mothproofing preparations, mothproofing paper, mouthwash for medicinal purposes, ergot for pharmaceutical purposes, myrobalan bark for pharmaceutical purposes, food supplements for medical purposes, narcotics, bicarbonate of soda for pharmaceutical purposes, sodium salts for medical purposes, by-products of the processing of cereals (for medical purposes), nervines, culture media for bacteria logical cultures, lacteal flour (for babies), albuminous foodstuffs for medical purposes, nutritive substances for micro-organisms, capsules for pharmaceutical purposes, opodeldoc, organotherapy preparations, paper for mustard poultices, antlparasitic collars for animals, antiparasitic preparations, parasiticides, pastilles for pharmaceutical purposes, pectin for pharmaceutical purposes, pepsins for pharmaceutical purposes, peptones for pharmaceutical purposes, mint for pharmaceutical purposes, plasters for inflamed football injuries, plasters for medical use, pharmaceutical preparations for treating dermatosis, pharmaceutical preparations for skincare, pharmaceutical preparations, phenol for pharmaceutical purposes, phosphates for pharmaceutical purposes, pills for pharmaceutical purposes, anticryptogamic preparations, pomades for medical purposes, preparations for bronchial dilation, preparations of trace elements for human animal consumption, sterilising preparations, pyrethrum powder, quassia for medical purposes, quebracho for medical purposes, mercurial ointments, radioactive substanced for medical purposes, radium for medical purposes, cleaning preparations for contact lenses, portable first-aid kits (medical kits), rhubarb roots for pharmaceutical purposes, smelling salts, castor oil for medical purposes, fumigating pastilles, fumigation preparations for medical purposes, radiological contrast substances for medical purposes, ointments for pharmaceutical purposes, sal ammoniac lozenges, salts not for medical purposes, salts for mineral water baths, sarsaparilla (for medical purposes), oxygen for medical purposes, oxygen baths, lint for medical purpose, sleep inducing preparations, reducing tea for medical purposes, dental abrasives, ant-horse-fly oils (insects), flowers of sulphur for pharmaceutical purposes, sulphur sticks (disinfectants), preparations for destroying vermin, mustard for pharmaceutical purposes, mustard poultices, mustard oil for medical purposes, serum, serotherapeutic medicines, siccatives (drying agents) for medical purposes, syrups for pharmaceutical purposes, scapulars for surgical purposes, panty liners (sanitary articles), sunburn ointments, sunburn preparations for pharmaceutical purposes, semen for artificial insemination, steroids, nursing liners, strychnine, styptic preparations, starch for dietetic and pharmaceutical purposes, sulphonamides (medicines), suppositories, acids for pharmaceutical purposes, tobacco extracts (insecticides), tobacco-free cigarettes for medical purposes, turpentine for pharmaceutical purposes, oil of turpentine for pharmaceutical purposes, test strips for medical purposes, thermal water (medicinal mineral water), thymol for pharmaceutical purposes, animal washes, tinctures for medical purposes, tonics (medicines), glucose for medical purposes, tissues, impregnated with pharmaceutical lotions, vaginal douches, petroleum jelly for medical purposes, gauze for dressings, first-aid boxes (filled), surgical dressings, absorbent cotton, absorbent wadding, digestives for pharmaceutical purposes, vesicants, and veterinary preparations, cattle washes, vitamin preparations, wart pencils, hydrogen peroxide for medical purposes, cotton wool, insect repellan incense, tartar for pharmaceutical purposes, cream of tartar for pharmaceutical purposes, napkins for incontinents, bismuth preparations for pharmaceutical purposes, bismuth subnitrate for pharmaceutical purposes, vulnerary sponges, vermifuges, medicinal roots, dental lacquer, cedar wood for use as an insect repellent, pulp (materials for dressings), cellulose esters for pharmaceutical purposes, cellulose ethers for pharmaceutical purposes, medicated sugar, ethers for pharmaceutical purposes, caustics for pharmaceutical purposes, caustic pencils (pharmaceutical), medicinal oils; organisational and professional business project management; including all the aforesaid services provided in particular via electronic networks, the Internet or television.

Class 38: Telecommunications; providing access to information on the Internet in the healthcare sector, in particular in databases, including in the form of encyclopaedias containing information on diseases, medicines and therapies.

Class 44: Medical services; hygienic and beauty care for human beings or animals; services in the field of the diagnosis and treatment of sensitivity disorders and illnesses, and in the field of beauty care; pharmacy services, included in class 44, in particular consultancy in the field of pharmacy, health, healthcare and therapy, including via the Internet; pharmaceutical consultancy, in particular for pharmacies, including via the Internet; medical and clinical examinations; nutritional consultancy, including via the Internet; hygienic and beauty care; teledoctor services; rental of medical equipment; preparation of prescriptions in pharmacies; consultancy for patients, doctors and pharmacists with regard to health maintenance, preventive health care, the diagnosis and therapy (medical) of sensitivity disorders and illnesses, including via the Internet.

The contested goods are the following:

Class 3: Cleaning and fragrancing preparations; essential oils and aromatic extracts; toiletries.

Class 4: Fuels and illuminants.

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

The terms ‘in particular’ and ‘including’, used in the opponent’s list of services, indicates that the specific 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).

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

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

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

Contested goods in Class 3

Retail services concerning the sale of specific goods are similar to an average degree to those specific goods (20/03/2018, T‑390/16, DONTORO dog friendship (fig.) / TORO et al., EU:T:2018:156, § 33; 07/10/2015, T‑365/14, TRECOLORE / FRECCE TRICOLORI et al., EU:T:2015:763, § 34). 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 cleaning preparations; essential oils are similar to the opponent’s retail services and the bringing together of goods, to enable customers to view and purchase these goods, namely in relation to … cleaning preparations, essential oils.

This equally applies to those goods that are sold in the same premises, share the same market sector and fulfil similar needs of the relevant public. Therefore, the contested fragrancing preparations; aromatic extracts; toiletries are similar to the opponent’s retail services and the bringing together of goods, to enable customers to view and purchase these goods, namely in relation to … perfumery, essential oils, cosmetics.

Contested goods in Class 4

The opponent’s services are dissimilar to the contested fuels and illuminants. Apart from being different in nature, since services are intangible whereas goods are tangible, they serve different needs. Retail services consist in bringing together, and offering for sale, a wide variety of different products, thus allowing consumers to conveniently satisfy different shopping needs at one stop. This is not the purpose of goods. Furthermore, goods and services have different methods of use and are neither in competition nor complementary.

Similarity between retail services of specific goods covered by one mark and specific goods covered by another mark can only be found where the goods involved in the retail services and the specific goods covered by the other mark are identical or at least similar. This condition is not fulfilled in the present case, since the goods at issue are clearly 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 found to be similar are directed at the public at large and the professional public. The degree of attention is considered to be average.

c) The signs

HORTUSMED	HORTUS
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 sign is a word mark consisting of a single word, ‘HORTUSMED’. Although average consumers normally perceive a mark as a whole and do not proceed to analyse its various details, the fact remains that, when perceiving a word sign, they will break it down into elements that, for them, suggest a concrete meaning or that resemble words known to them (06/10/2004, T 356/02, Vitakraft, EU:T:2004:292, § 51; 13/02/2007, T‑256/04, Respicur, EU:T:2007:46, § 25; 08/07/2010, T‑30/09, Peerstorm, EU:T:2010:298, § 60).

The suffix ‘MED’ of the earlier mark will be understood as related to the English words ‘medical’ or ‘medicine’, as confirmed by the Court (29/09/2008, T‑166/06, Powdermed, EU:T:2008:408, § 24, 27; 26/03/2015, T‑551/13, AKTIVAMED / VAMED et al., EU:T:2015:191, § 46; 12/12/2018, T‑821/17, VITROMED Germany (fig.) / Vitromed, EU:T:2018:912, § 57; 20/11/2019, T‑695/18, fLORAMED, EU:T:2019:794, § 43). Therefore, this suffix cannot indicate the commercial origin of the relevant goods and is non-distinctive.

The first part of the earlier mark is ‘HORTUS’, which, as pointed out by the opponent, means ‘garden’ in Latin. The Opposition Division concurs with the opponent that the majority of the relevant public in the European Union will not understand its meaning. Furthermore, in the case that the relevant public does understand it, because of similar roots, for example ‘horto’ in Portuguese or ‘huerto’ in Spanish, it does not describe the characteristics of the goods and is not in any other manner weak/non-distinctive. Therefore, the first part of the earlier mark, ‘HORTUS’, is distinctive for the relevant goods.

The same is applicable to the contested mark.

Consumers generally tend to focus on the beginning of a sign when they encounter a trade mark. This is because the public reads from left to right, which makes the part placed at the left of the sign (the initial part) the one that first catches the attention of the reader.

Visually and aurally, the signs coincide in ‘HORTUS***’, which is the beginning of the earlier sign and makes up the whole of the contested sign. They differ in the suffix ‘MED’ of the earlier sign, which has no equivalent in the contested sign and is non-distinctive.

Therefore, the signs are visually and aurally highly similar.

Conceptually, neither of the signs has a meaning as a whole. Although the suffix ‘MED’ of the earlier mark will evoke a concept, it is not sufficient to establish any conceptual similarity, as this element is non-distinctive and cannot indicate the commercial origin. The attention of the relevant public will be attracted by the first part of the verbal element in the earlier mark, which has no meaning. Since a conceptual comparison is not possible, the conceptual aspect does not influence the assessment of the similarity of the signs.

For the part of the public that might understand the word ‘HORTUS’, the signs will be conceptually identical, as the suffix ‘MED’ is non-distinctive and will therefore have almost no impact in the comparison.

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 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 a non-distinctive element in the mark, as stated above in section c) of this decision.

e) Global assessment, other arguments and conclusion

A likelihood of confusion (including a likelihood of association) 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.

The contested goods are partly similar and partly dissimilar. The earlier trade mark has a normal degree of distinctiveness and the relevant goods target the general and professional public with an average degree of attention.

The signs are visually, aurally and conceptually at least highly similar for the public that understands the meaning of ‘HORTUS’. For the public for whom this word is meaningless, a conceptual comparison is not possible.

The contested sign is made up entirely of the distinctive part of the earlier sign. Moreover, the suffix of the earlier sign, ‘MED’, is non-distinctive, thus making the distinctive element of both signs identical. In other words, the only difference between the signs is in the non-distinctive suffix ‘MED’ of the earlier sign, which, being at the end of the earlier sign, will not catch much of the relevant public’s attention.

Likelihood of confusion covers situations where the consumer directly confuses the trade marks themselves, or where the consumer makes a connection between the conflicting signs and assumes that the goods/services covered are from the same or economically linked undertakings. Therefore, it is highly conceivable that the relevant consumer will perceive the contested mark as a sub-brand, a variation of the earlier mark, configured in a different way according to the type of goods or services that it designates (23/10/2002, T‑104/01, Fifties, EU:T:2002:262, § 49). As the suffix ‘MED’ is non-distinctive and only describes or at most alludes to the characteristics of the relevant goods, it may easily be considered another product segment of the same undertaking.

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). Consequently, based on the high degree of similarity between the signs, the identical distinctive element in both signs and the sole difference of a non-distinctive element, there is a likelihood of confusion.

Therefore, the opposition is partly well founded on the basis of the opponent’s European Union trade mark registration No 9 115 668. It follows from the above that the contested trade mark must be rejected for the goods found to be similar to those of the earlier trade mark.

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

COSTS

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

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

The Opposition Division

Konstantinos MITROU

Astrid Victoria WÄBER

Gonzalo BILBAO TEJADA

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.