OPPOSITION Nо B 3 091 466

 

Windsor Smith Pty Ltd, 78 to 86 Western Avenue, 3049 Westmeadows, Australia (opponent), represented by Frkelly, 27 Clyde Road Ballsbridge, Dublin 4, Ireland (professional representative) 

 

a g a i n s t

 

Adrian Bartaccioni, Jalan Sawasati #1, 80361 Bali, Indonesia (applicant), represented by Inlex IP Expertise, Plaza San Cristóbal, 14, 03002 Alicante, Spain (professional representative).

On 30/09/2020, the Opposition Division takes the following

DECISION:

1.

Opposition No B 3 091 466 is partially upheld, namely for the following contested goods and services: Class 18: Goods made of these materials (leather and imitation leather) not included in other classes, namely bags, handbags, purses, pocket wallets, banknote holders, key cases, key fobs, briefbags, sports bags, rucksacks, bags for campers, beach bags, school bags and satchels; wallets; purses; credit card cases [wallets]; casual bags; vanity cases (not fitted). Class 25: Clothing, footwear, headgear; shirts; clothing made from leather or imitation leather; children's wear; sportswear; maternity clothing; nightwear; rainwear; beachwear; belts [clothing]; furs [clothing]; gloves [clothing]; scarves; neckties; hosiery; socks; slippers; beach shoes, skiing or sports shoes; underwear; trousers, denim (clothing), trousers of denim; jackets [clothing]; shorts; skirts; gowns; cardigans; short-sleeve shirts; sweaters; vest tops; tights; stockings; pants; tee-shirts; waistcoats; coats; topcoats; parkas; blousons; gabardines [clothing]; trench coats; articles of footwear, namely footwear, boots, half-boots, sandals: slippers, running shoes; hats and caps being headwear, small hats, visors and headbands, bandanas [neckerchiefs], berets. Class 35: Retail services in the field of bags, handbags, pocket wallets, purses, wallets, key rings, key cases, briefcases, backpacks, bags for sports, bags for campers, beach bags, school satchels, sling bags; retail services in relation to purses wallets, credit card cases [wallets], bags, vanity cases (not fitted), string bags; retail services in relation to clothing, footwear, headgear, dress shirts, clothing of leather or imitations of leather, infantwear, sports clothing, maternity wear, sleepwear, rainwear, beach cover-ups, belts (clothing), furs (clothing), gloves for clothing, scarfs, neckties, hosiery, socks, slippers, beach shoes, ski boots and sports shoes, underwear; retailing of trousers, denim (clothing), trousers of denim, jackets, shorts, skirts, dresses, cardigans, short-sleeve shirts, sweaters, shirts, neckties, singlets, tights, stockings, boxer shorts, t-shirts, waistcoats, coats, topcoats, parkas, blousons, gabardines (clothing), trench coats and footwear, namely shoes, boots, ankle boots, sandals, slippers and running shoes; retail services in relation to headgear, namely hats, peaked caps, hats, eye shades, headbands, bandanas (neckerchiefs), berets.

2. European Union trade mark application No 18 023 306 is rejected for all the above goods and services. It may proceed for the remaining goods and services.

3. Each party bears its own costs.

REASONS

The opponent filed an opposition against all the goods and services of European Union trade mark application No 18 023 306, (figurative mark). The opposition is based on international registration No 1 224 364 designating the European Union, (figurative mark). The opponent invoked Article 8(1)(b) EUTMR.

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

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

a) The goods and services

 

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

Class 25: Footwear.

The contested goods and services are the following:

Class 14: Jewelry; jewellery; costumer jewellery; rings [jewellery, jewelry (am.)]; bracelets [jewellery, jewelry (am.)]; chains [jewelry]; necklaces [jewellery]; earrings; charms [jewellery, jewelry (am.)]; brooches [jewellery]; medals; lockets [jewellery]; precious metals and their alloys; works of art of precious metal; paste jewellery [costume jewelry (am.)]; gemstones, pearls and precious metals, and imitations thereof; natural or artificial precious stones and natural or artificial semi-precious stones; natural or artificial semi-precious stones; decorative objects of precious metal or coated therewith; watches; straps for wristwatches; watch chains; watch cases, jewellery cases (caskets); cases for watches; key rings [split rings with trinket or decorative fob].

Class 18: Leather and imitation leather, goods made of these materials not included in other classes, bags, namely handbags, purses, pocket wallets, banknote holders, key cases, key fobs, briefbags, sports bags, rucksacks and travelling bags, bags for campers, beach bags, school bags and satchels, traveling sets, trunks and travelling bags, umbrellas, wheeled shopping bags, traveling sets; leather, unworked or semi-worked; imitations of leather; animal skins, hides; parasols and walking sticks; whips, harness and saddlery; wallets; purses; credit card cases [wallets]; casual bags; vanity cases (not fitted); collars and covers for animals; net bags for shopping.

Class 25: Clothing, footwear, headgear; shirts; clothing made from leather or imitation leather; children's wear; sportswear; maternity clothing; nightwear; rainwear; beachwear; belts [clothing]; furs [clothing]; gloves [clothing]; scarves; neckties; hosiery; socks; slippers; beach shoes, skiing or sports shoes; underwear; trousers, denim (clothing), trousers of denim; jackets [clothing]; shorts; skirts; gowns; cardigans; short-sleeve shirts; sweaters; vest tops; tights; stockings; pants; tee-shirts; waistcoats; coats; topcoats; parkas; blousons; gabardines [clothing]; trench coats; articles of footwear, namely footwear, boots, half-boots, sandals: slippers, running shoes; hats and caps being headwear, small hats, visors and headbands, bandanas [neckerchiefs], berets.

Class 35: Advertising; business management; business administration; office functions; dissemination of business and/or advertising information by radio, television or electronic means, or via global communications networks (the internet) or private-access communications networks (intranets); advertising using displays, publicity columns preparation, demonstration of goods; direct mail advertising, CD-roms; document reproduction; updating of advertising material; organisation of trade fairs and exhibitions for commercial or advertising purposes; publicity material rental, rental of advertising space and advertising boards; promotion services; marketing; exhibition sites management; public relations services; arranging newspaper subscriptions for others; accounting; computerized file management; on-line advertising on a computer network; rental of advertising time on communication media; publication of publicity texts; dissemination of advertising matter; business organisation and management assistance; business management and organization consultancy; advertising promotions; drafting of media plans for advertising purposes, demonstration of goods; market studies and market research; business information, business inquiries; compilation and business analysis of statistics, statistical evaluations of marketing data; compilation of information; collection of business or advertising data in a master file; subscription to a world-wide (internet) telecommunications or private access (intranet) network; subscription to a computer database or multimedia server; subscriptions to electronic journals; arranging subscriptions to telecommunications services for others; efficiency experts; posting of advertising and business information online on blogs, social networks and community networks; opinion polling; client canvassing services, in particular via direct mail advertising, the internet, the press or telephone; window dressing; customer satisfaction surveys; administrative management of stock; sales promotion by means of a customer loyalty service via loyalty cards, discount cards; administrative organisation of transport, delivery, distribution, sorting, dispatch and warehousing of goods and parcels; provision of statistical information relating to business; import-export agencies; demonstration and exhibition of goods and services (for commercial or advertising purposes) by all kinds of computerised and remote data processing media,; management of commercial offers on all media, sales promotion for others, marketing studies and market research, commercial animations on all media for others; services provided by a franchiser, namely business management assistance; professional or business consultancy regarding the establishment of franchises; business consultancy regarding the development of franchise operations; providing of business know-how; business management consultations; communication development (public relations) and interactive marketing; arranging and setting up of promotional activities; presentation of goods on communication media, for retail purposes; retail services in the field of jewellery, costume jewellery, custom jewellery, rings (jewellery), bracelets [jewellery], jewelry chains, necklaces (jewellery, jewelry), earrings, charms, brooches, medals, medallions (jewellery), precious metals and their alloys, works of art of precious metal; retailing of paste jewellery (costume jewellery), cabochons, pearls and precious metals and imitations thereof, natural or artificial precious stones and natural or artificial semi-precious stones, natural or artificial semi-precious stones, decorative objects of precious metal or coated therewith, watches, straps for wristwatches, watch chains, jewellery boxes and watch cases; retailing of presentation boxes or cases for horological instruments, novelty key rings, leather and imitations of leather, bags, handbags, pocket wallets, purses, wallets, key rings, key cases, briefcases, travelling bags, backpacks, bags for sports, bags for campers, beach bags, school satchels, sling bags, travelling sets, trunks and suitcases, umbrellas, wheeled shopping bags, travelling sets (leatherware); retail services in relation to leather, unworked or semi-worked, imitation leather, leather (imitation), animal skins, parasols and walking sticks, whips, harness and saddlery, purses wallets, credit card cases [wallets], bags, vanity cases (not fitted), collars and covers for animals, string bags; retail services in relation to clothing, footwear, headgear, dress shirts, clothing of leather or imitations of leather, infantwear, sports clothing, maternity wear, sleepwear, rainwear, beach cover-ups, belts (clothing), furs (clothing), gloves for clothing, scarfs, neckties, hosiery, socks, slippers, beach shoes, ski boots and sports shoes, underwear; retailing of trousers, denim (clothing), trousers of denim, jackets, shorts, skirts, dresses, cardigans, short-sleeve shirts, sweaters, shirts, neckties, singlets, tights, stockings, boxer shorts, t-shirts, waistcoats, coats, topcoats, parkas, blousons, gabardines (clothing), trench coats and footwear, namely shoes, boots, ankle boots, sandals, slippers and running shoes; retail services in relation to headgear, namely hats, peaked caps, hats, eye shades, headbands, bandanas (neckerchiefs), berets.

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

The term ‘namely’, used in the applicant’s list of goods and 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 goods and services specifically listed. Indeed, The Opposition Division notes that in the specification of goods of Class 18, the term ‘namely’ appears in the English version in a different position than the one in the French version. Considering that French is the first language of the application, and that the term ‘namely’ appears correctly in this version, the Opposition Division will interpret the goods considering that the term ‘namely’ appears after the broad category goods made of these materials not included in other classes as it is the only possible interpretation.

Contested goods in Class 14

The contested goods in this class are essentially items for personal ornament (jewellery or watches related items), precious metals and stones, works of art and goods and accessories thereof. The opponent’s mark protects footwear. The nature and method of use of these goods are different, they satisfy different needs and they are not in competition with each other. The main purpose of footwear is to cover a part of the human body, namely the feet, whereas the contested goods are rather intended for personal adornment. They do not have the same distribution channels and are neither in competition, nor complementary. Even though some fashion footwear designers nowadays also sell accessories such as jewellery under their marks, this is not the rule; it tends to apply only to (commercially) successful designers. Therefore, the goods are dissimilar.

Contested goods in Class 18

The contested goods made of these materials (leather and imitation leather) not included in other classes, namely bags, handbags, purses, pocket wallets, banknote holders, key cases, key fobs, briefbags, sports bags, rucksacks, bags for campers, beach bags, school bags and satchels; wallets; purses; credit card cases [wallets]; casual bags; vanity cases (not fitted) show some similarities with the opponent’s footwear.

Footwear in Class 25 is used to cover parts of the human body and protect them against the elements. It is also an article of fashion. The contested goods have some connections with these goods, to the extent they are likely to be considered by the consumers as aesthetically complementary accessories to articles of footwear because they are closely coordinated with these articles and may well be distributed by the same or linked manufacturers, and it is not unusual for clothing manufacturers to directly produce and market them. Moreover, these goods can be found in the same retail outlets. Therefore, these goods are considered to be similar.

This does not apply however to goods made of these materials (leather and imitation leather) not included in other classes, namely travelling bags, traveling sets, trunks and travelling bags, umbrellas, wheeled shopping bags, traveling sets; net bags for shopping. All these are mainly items for carrying things when travelling or shopping and umbrellas are devices for protection from the weather. They do not satisfy the same needs as footwear. They do not have the same retail outlets and are not made by the same manufacturers. Moreover, the goods are neither in competition nor complementary. These goods are dissimilar.

Leather and imitation leather; leather, unworked or semi-worked; imitations of leather; animal skins, hides refer to the skins of various kinds of animals (or imitations thereof). These are raw materials. The fact that one product is used for manufacturing another (for example, leather for footwear) is not sufficient in itself for concluding that the goods are similar, as their nature, purpose, relevant public and distribution channels may be quite distinct. The abovementioned raw materials in Class 18 are intended for use in industry rather than for direct purchase by the final consumer. They are sold in different outlets, are of a different nature and serve a different purpose from the opponent’s footwear. Therefore, these goods are dissimilar.

The contested parasols and walking sticks; whips, harness and saddlery; collars and covers for animals are also dissimilar to the opponent’s footwear. Parasols are light umbrellas carried for protection from the sun; walking sticks are canes or other staffs used as aids for walking; whips are instruments used for driving animals; harnesses are the gear or tackle with which a draft animal pulls a vehicle or implement; saddlery is equipment for horses, such as saddles and harnesses; and collars and covers for animals are very specific devices for animals. The nature of these goods is very different from that of footwear in Class 25. They serve very different purposes (protection from sun, assistance with walking, aid in the control, riding of animals and/or protecting animals versus covering/protecting the human body). They are not usually found in the same retail outlets and are not usually made by the same manufacturers.

Contested goods in Class 25

Footwear is identically protected by both marks, whereas the contested slippers; beach shoes, skiing or sports shoes articles of footwear, namely footwear, boots, half-boots, sandals: slippers, running shoes are included in the opponent’s broader category of footwear. These goods are identical.

The remaining contested goods cover the broad categories of clothing and headgear or different items belonging to these. They all serve the same purpose to the extent they are used for covering and protecting parts of the human body and for fashion. They are often found in the same retail outlets and target the same public. Consumers looking for cloths or headgear will expect to find footwear in the same department or shop and vice versa. Moreover, many manufacturers and designers will design and produce these goods. Therefore, clothing, headgear; shirts; clothing made from leather or imitation leather; children's wear; sportswear; maternity clothing; nightwear; rainwear; beachwear; belts [clothing]; furs [clothing]; gloves [clothing]; scarves; neckties; hosiery; socks; underwear; trousers, denim (clothing), trousers of denim; jackets [clothing]; shorts; skirts; gowns; cardigans; short-sleeve shirts; sweaters; vest tops; tights; stockings; pants; tee-shirts; waistcoats; coats; topcoats; parkas; blousons; gabardines [clothing]; trench coats; hats and caps being headwear, small hats, visors and headbands, bandanas [neckerchiefs], berets, are at least similar to a low degree to the opponent’s footwear.

Contested services in Class 35

Retail services concerning the sale of specific goods are similar to an average degree to these specific goods. Although the nature, purpose and method of use of these goods and services are not the same, they are similar because 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.

 

Furthermore, there is a low degree of similarity between the retail services concerning specific goods and other goods which are either highly similar or similar to those specific ones. This is because of the close connection between them on the market from consumers’ perspective. Consumers are used to a variety of highly similar or similar goods being brought together and offered for sale in the same specialised shops or in the same sections of department stores or supermarkets. Furthermore, they are of interest to the same consumers.

When applying the above criteria to the present case, the contested retail services in the field of bags, handbags, pocket wallets, purses, wallets, key rings, key cases, briefcases, backpacks, bags for sports, bags for campers, beach bags, school satchels, sling bags; retail services in relation to purses wallets, credit card cases [wallets], bags, vanity cases (not fitted), string bags; retail services in relation to clothing, footwear, headgear, dress shirts, clothing of leather or imitations of leather, infantwear, sports clothing, maternity wear, sleepwear, rainwear, beach cover-ups, belts (clothing), furs (clothing), gloves for clothing, scarfs, neckties, hosiery, socks, slippers, beach shoes, ski boots and sports shoes, underwear; retailing of trousers, denim (clothing), trousers of denim, jackets, shorts, skirts, dresses, cardigans, short-sleeve shirts, sweaters, shirts, neckties, singlets, tights, stockings, boxer shorts, t-shirts, waistcoats, coats, topcoats, parkas, blousons, gabardines (clothing), trench coats and footwear, namely shoes, boots, ankle boots, sandals, slippers and running shoes; retail services in relation to headgear, namely hats, peaked caps, hats, eye shades, headbands, bandanas (neckerchiefs), berets are at least similar to a low degree to the opponent’s footwear.

A low degree of similarity between the goods sold at retail and the other goods may be sufficient to find a low degree of similarity with the retail services provided that the goods involved are commonly offered for sale in the same specialised shops or in the same sections of department stores or supermarkets, belong to the same market sector and, therefore, are of interest to the same consumers.

 

The remaining contested retail services in the field of jewellery, costume jewellery, custom jewellery, rings (jewellery), bracelets [jewellery], jewelry chains, necklaces (jewellery, jewelry), earrings, charms, brooches, medals, medallions (jewellery), precious metals and their alloys, works of art of precious metal; retailing of paste jewellery (costume jewellery), cabochons, pearls and precious metals and imitations thereof, natural or artificial precious stones and natural or artificial semi-precious stones, natural or artificial semi-precious stones, decorative objects of precious metal or coated therewith, watches, straps for wristwatches, watch chains, jewellery boxes and watch cases; retailing of presentation boxes or cases for horological instruments, novelty key rings, leather and imitations of leather, travelling bags, travelling sets, trunks and suitcases, umbrellas, wheeled shopping bags, travelling sets (leatherware); retail services in relation to leather, unworked or semi-worked, imitation leather, leather (imitation), animal skins, parasols and walking sticks, whips, harness and saddlery, collars and covers for animals and the opponent’s footwear are not similar. 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 goods, thus allowing consumers to conveniently satisfy different shopping needs at one stop. This is not the purpose of goods. Furthermore, these 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 other goods covered by another mark can only be found where the goods involved in the retail services and the other goods covered by the other mark are offered in the same outlets, belong to the same market sector and are of interest to the same consumers. Here these conditions are not fulfilled. Admittedly, like most goods, they can now be found in large retail stores. However, in such outlets the goods at issue are sold in specialist departments which, even though they may be close, are nonetheless separate. In such circumstances, the distribution channels of the goods and services cannot be considered to be the same (04/12/2019, T‑524/18, Billa / BILLABONG et al., EU:T:2019:838, § 51), since the goods sold at retail are dissimilar to the other goods.

The remaining contested services in Class 35 cover activities intended to assist in the operation or management of the commercial enterprise of another entities. They belong to the broad categories of advertising, business management, business administration and office functions:

 Advertising services consist of providing others with assistance in the sale of their goods and services by promoting their launch and/or sale, or of reinforcing a client’s position in the market and acquiring competitive advantage through publicity. Many different means and products can be used to fulfil this objective. These services are provided by specialist companies, which study their client’s needs, provide all the necessary information and advice for marketing the client’s goods and services, and create a personalised strategy for advertising them through newspapers, websites, videos, the internet, etc.

 Business management are mainly intended to help companies manage their business by setting out the strategy and/or direction of the company. They involve activities associated with running a company, such as controlling, leading, monitoring, organising, and planning. They are usually rendered by companies specialised in this specific field such as business consultants. They gather information and provide tools and expertise to enable their customers to carry out their business or to provide businesses with the necessary support to acquire, develop and expand market share.

 Business administration services are mainly intended to help companies with the performance of business operations and, therefore, the interpretation and implementation of the policy set by an organisation's board of directors. These services consist of organising people and resources efficiently so as to direct activities towards common goals and objectives.

 Office functions are the internal day-to-day operations of an organisation including the administration and the support services in the ‘back office’. They mainly cover activities that assist in the working of a commercial enterprise. They include activities typical of secretarial services, such as shorthand and typing, compilation of information into computer databases, invoicing, administrative processing of purchase orders as well as support services, such as the rental of office machines and equipment.

None of these services show any relevant point of contact with the opponent’s footwear. They differ in terms of nature and purpose and target different public. These goods and services are not complementary nor in competition. In particular, as regards advertising activities, the fact that the opponent’s goods or services may appear in advertisements is insufficient for finding similarity.

Therefore, advertising; business management; business administration; office functions; dissemination of business and/or advertising information by radio, television or electronic means, or via global communications networks (the internet) or private-access communications networks (intranets); advertising using displays, publicity columns preparation, demonstration of goods; direct mail advertising, CD-roms; document reproduction; updating of advertising material; organisation of trade fairs and exhibitions for commercial or advertising purposes; publicity material rental, rental of advertising space and advertising boards; promotion services; marketing; exhibition sites management; public relations services; arranging newspaper subscriptions for others; accounting; computerized file management; on-line advertising on a computer network; rental of advertising time on communication media; publication of publicity texts; dissemination of advertising matter; business organisation and management assistance; business management and organization consultancy; advertising promotions; drafting of media plans for advertising purposes, demonstration of goods; market studies and market research; business information, business inquiries; compilation and business analysis of statistics, statistical evaluations of marketing data; compilation of information; collection of business or advertising data in a master file; subscription to a world-wide (internet) telecommunications or private access (intranet) network; subscription to a computer database or multimedia server; subscriptions to electronic journals; arranging subscriptions to telecommunications services for others; efficiency experts; posting of advertising and business information online on blogs, social networks and community networks; opinion polling; client canvassing services, in particular via direct mail advertising, the internet, the press or telephone; window dressing; customer satisfaction surveys; administrative management of stock; sales promotion by means of a customer loyalty service via loyalty cards, discount cards; administrative organisation of transport, delivery, distribution, sorting, dispatch and warehousing of goods and parcels; provision of statistical information relating to business; import-export agencies; demonstration and exhibition of goods and services (for commercial or advertising purposes) by all kinds of computerised and remote data processing media,; management of commercial offers on all media, sales promotion for others, marketing studies and market research, commercial animations on all media for others; services provided by a franchiser, namely business management assistance; professional or business consultancy regarding the establishment of franchises; business consultancy regarding the development of franchise operations; providing of business know-how; business management consultations; communication development (public relations) and interactive marketing; arranging and setting up of promotional activities; presentation of goods on communication media, for retail purposes are 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 identical and similar are directed at the public at large. The degree of attention will be average.

c) The signs

 

Earlier trade mark	Contested sign

The signs are identical with only minor details on the thickness of the representation and the end of the horns.

d) Global assessment and conclusion

The signs were found to be identical and some of the contested goods, as established above in section a) of this decision, are identical. Therefore, the opposition must be upheld according to Article 8(1)(a) EUTMR for these goods. Furthermore, some contested goods and services, as established above in section a) of this decision, were found to be similar to those covered by the earlier trade mark. Given the identity of the signs, there is a likelihood of confusion within the meaning of Article 8(1)(b) EUTMR and the opposition is upheld also insofar as it is directed against these goods and services, including those which are similar only to a low degree.

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

 

The rest of the contested goods and services are dissimilar. As the 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 and services 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 and services, both parties have succeeded on some heads and failed on others. Consequently, each party has to bear its own costs.

The Opposition Division

Benoit VLEMINCQ

Begoña URIARTE VALIENTE

Holger Peter KUNZ

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.