OPPOSITION Nо B 3 088 409

Alvaro Moreno SLU, Calle Aguilucho Cenizo (Pol. Industrial Las Vegas), 41640 Osuna, Spain (opponent), represented by Newpatent, Puerto, 34, 21001 Huelva, Spain (professional representative)

a g a i n s t

Acredia Versicherung AG, Himmelpfortgasse 29, 1010 Wien, Austria (applicant), represented by Singer Fössl Rechtsanwälte OG, Prinz-Eugen-Straße 30, 1040 Wien, Austria (professional representative).

On 27/11/2020, the Opposition Division takes the following

DECISION:

1. Opposition No B 3 088 409 is partially upheld, namely for the following contested services:

Class 35: Business information for enterprises (provision of -); advice relating to the organisation and management of business; computerised compilation of customer indexes; data processing for the collection of data for business purposes; business research; arranging of contracts for the purchase and sale of goods and services, for others; compilation of statistical information; systemization of information into computer databases; advertising and marketing; professional business consultancy; compilation of information into computer databases; compilation and systemization of information into computer databases; preparation and compilation of business and commercial reports and information; information and data compiling and analyzing relating to business management; collecting information for business; automated data processing; commercial information agency services; compilation and input of information into computer databases; data processing verification; procurement of contracts for the purchase and sale of goods and services; computerised compilation of order lists; data management services; management and compilation of computerised databases; advertising services provided via the internet; compilation and provision of trade and business price and statistical information; compilation and systematisation of information in databanks; computerized file management; services comprising the composition of statistical data; computerised data processing.

2. European Union trade mark application No 18 035 305 is rejected for all the above services. It may proceed for the remaining services.

3. Each party bears its own costs.

REASONS

The opponent filed an opposition against some of the services of European Union trade mark application No 18 035 305 (figurative mark), namely against all the services in Classes 35 and 38. The opposition is based on, inter alia, Spanish trade mark registration No 3 700 923 (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.

The opposition is based on more than one earlier trade mark. The Opposition Division finds it appropriate to first examine the opposition in relation to the opponent’s Spanish trade mark registration No 3 700 923.

a) The services

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

Class 35: Wholesale and retail in shops and through internet of clothing accessories products, clothing accessories, perfumery products, glasses, watches, travel goods, umbrellas, leather goods, leather goods, bags, backpacks, wallets, articles of clothing, footwear and headgear, dress suits, ceremony suits, polo shirts, dress shoes, sneakers, parkas, jackets, sweaters, hosiery products, underwear, vests, pants, sweatshirts, purses, belts, sneakers, ties, cufflinks, suspenders, scarves for dress suits, bow ties; the services of organizing events for commercial purposes and promotions; organization and celebration of promotional marketing events for third parties; organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes; intermediation in agreements related to the sale of products; promotion of sales of products and services through the distribution of printed material and promotional contests; promotion of sales for third parties through the distribution and administration of privileged user cards; publication of advertising brochures; promotion, advertising and marketing of online websites; publication of advertising forms; publication of advertising material; market campaigns; advertising and marketing; publication of advertising texts; advertising; advertising through electronic media and specifically the internet; advertising through mobile telephone networks; publicity through all public media; advertising banners; electronic commerce services, namely providing information on products through telecommunications networks for advertising and sales purposes; administration related to sales methods; consulting services related to sales promotion; advisory services related to sales promotion; organization of business presentations in relation to the purchase and sale of products; presentation of products in media for retail sale; presentation of products by any means of communication for retail sale, advertising, including promotion related to the sale of articles and services for third parties through the transmission of advertising material and the disclosure of advertising messages in computer networks, advertising and sales promotion in relationship with products and services, offered and orders through telecommunications or electronic media; administrative treatment and organization of mail order services; sale promotion; commercial management services for processing sales made on the internet; sales (promotion of -) for third parties; presentation of products in any means of communication for retail sale; administrative services for the reception of sales orders; provision of space on websites for advertising products or services; compilation of ads for use as web pages; promotion, advertising and marketing of online websites; franchise services, relating to consulting and assistance in the management, organization and promotion of commercial businesses; advertising and promotion services; import and export services, sales promotion; online promotion from a computer network and websites; promotional marketing services, demonstration of products for promotional purposes, advertising, in particular services for the promotion of products, dissemination of promotional brochures, commercial administration, promotion of products and services through the distribution of discount cards, import services and export of products; business management assistance in the framework of a franchise agreement; services provided by a franchisor, namely assistance in the operation or management of industrial or commercial companies; import-export agencies for clothing, footwear, headgear, clothing accessories, clothing accessories, leather goods; modeling agency services for sales promotion purposes; supply of models for advertising; supply of models with a promotional purpose, loyalty card services; administration of a discount program so that participants can obtain discounts on products and services through the use of discount cards for members.

The contested services are the following:

Class 35: Business information for enterprises (provision of -); advice relating to the organisation and management of business; computerised compilation of customer indexes; data processing for the collection of data for business purposes; business research; arranging of contracts for the purchase and sale of goods and services, for others; compilation of statistical information; systemization of information into computer databases; advertising and marketing; professional business consultancy; compilation of information into computer databases; compilation and systemization of information into computer databases; preparation and compilation of business and commercial reports and information; information and data compiling and analyzing relating to business management; collecting information for business; automated data processing; commercial information agency services; compilation and input of information into computer databases; data processing verification; procurement of contracts for the purchase and sale of goods and services; computerised compilation of order lists; data management services; management and compilation of computerised databases; advertising services provided via the internet; compilation and provision of trade and business price and statistical information; compilation and systematisation of information in databanks; computerized file management; services comprising the composition of statistical data; computerised data processing.

Class 38: Providing access to internet portals for third parties; provision of access to content, websites and portals.

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

The term ‘in particular’, 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 or dissimilar to 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 services in Class 35

Advertising and marketing are identically included in both lists of services.

The contested advertising services provided via the internet are included in the broad category of the opponent’s advertising. Therefore, they are identical.

The contested arranging of contracts for the purchase and sale of goods and services, for others; procurement of contracts for the purchase and sale of goods and services are at least similar to the opponent’s intermediation in agreements related to the sale of products as they can coincide in purpose, provider, distribution channels and users.

The remaining contested services (business information for enterprises (provision of -); advice relating to the organisation and management of business; computerised compilation of customer indexes; data processing for the collection of data for business purposes; business research; compilation of statistical information; systemization of information into computer databases; professional business consultancy; compilation of information into computer databases; compilation and systemization of information into computer databases; preparation and compilation of business and commercial reports and information; information and data compiling and analyzing relating to business management; collecting information for business; automated data processing; commercial information agency services; compilation and input of information into computer databases; data processing verification; computerised compilation of order lists; data management services; management and compilation of computerised databases; compilation and provision of trade and business price and statistical information; compilation and systematisation of information in databanks; computerized file management; services comprising the composition of statistical data; computerised data processing) are intended to help companies manage their business by setting out the strategy and/or direction of the company. When comparing these services with the opponent’s advertising it should be noted that advertising is an essential tool in business management because it makes the business itself known in the market. The purpose of advertising services is to reinforce the business’ position in the market, and the purpose of business management services is to help a business in acquiring, developing and expanding market share. There is no clear-cut difference between these definitions. A professional who offers advice about how to run a business efficiently may reasonably include advertising strategies in that advice, because there is little doubt that advertising plays an essential role in business management. Furthermore, business consultants may offer advertising (and marketing) consultancy as a part of their services. Therefore the relevant public may believe that these two services have the same professional origin. Consequently, these services are similar to a low degree, as they have the same purpose and usually coincide in producer and relevant public.

Contested services in Class 38

The contested providing access to internet portals for third parties; provision of access to content, websites and portals are technical services that are usually provided by operators in the telecommunication field. None of the opponent’s services in Class 35 concern the technical aspect of telecommunications. Telecommunication companies normally do not provide any of the services included in the opponent’s list in Class 35.

Although some of the opponent’s services (i.e. advertising; providing information on products through telecommunications networks for advertising and sales purposes) can be provided via telecommunication channels, this is not sufficient to render these services similar (14/10/2016, R 135/2016‑4, The Good Life (fig.) / goodlife (fig.), § 24).

The services in question have different natures and purposes and are not complementary or in competition. Moreover, they usually have different distribution channels and are provided by different undertakings. Although the contested services may target the same customers, this is not sufficient for a finding of similarity. Therefore, all the contested services in this class are dissimilar to all the opponent’s services.

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 services found to be identical or similar to varying degrees are directed at the public at large and at business customers with specific professional knowledge or expertise.

The public’s degree of attentiveness may vary from average to high, depending on the price, specialised nature, or terms and conditions of the services purchased.

c) The signs

Earlier trade mark	Contested sign

The relevant territory is Spain.

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).

Both signs contain the upper-case letter ‘A’, depicted in a slightly stylised typeface with rounded edges, in the centre of a triangular shape with oval sides.

The ‘A’ in the earlier mark is in white and is slightly tilted to the right. The triangular shape is pointing down and is in a dark colour, between dark blue and dark purple.

The ‘A’ in the contested sign is in dark purple. The triangular shape has dark purple borders and a white centre; it is pointing upwards and its lower side is concave.

The General Court has stated in a number of cases that a trade mark containing a single letter or a single numeral may be inherently distinctive (08/05/2012, T‑101/11, G, EU:T:2012:223, § 50; 06/10/2011, T‑176/10, Seven for all mankind, EU:T:2011:577, § 36; 05/11/2013, T‑378/12, X, EU:T:2013:574, § 37-51).

The common letter ‘A’ has an average degree of inherent distinctiveness, as there is no direct and specific relationship with the relevant services to enable the public concerned immediately to perceive, without further thought, a description of the services in question or one of their characteristics. Furthermore, neither of the parties has argued otherwise.

The signs’ triangular shapes are rather banal and will be perceived as weaker than the verbal element ‘A’.

Although the signs are composed of two identifiable components each, none of them can be clearly considered dominant.

Visually, the signs coincide in the depiction of a distinctive upper-case letter ‘A’ with rounded edges placed in a central position within a triangular shape. There are differences in the depictions of the letter ‘A’ (slightly tilted v straight) and of the triangular shapes (three oval sides v two oval sides and one concave side), as well as in the orientation of the latter (pointing down or up). However, these differences are not major and do not constitute elements that will be remembered by the relevant public.

Furthermore, the signs’ colours are similar, as they are dark shades of the primary ‘cold’ colour blue, and the human eye might not readily differentiate between dark blue and dark purple.

The signs have a similar structure and almost the same colour. They have a common letter, depicted with rounded edges, positioned in the middle of a similar figurative element.

It follows that the signs are visually similar to an average degree.

Aurally, the signs are identical given that both have the same single letter.

Conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. Since the signs coincide in the concept of their common letter ‘A’, and their figurative components do not convey any particular concept, the signs are conceptually identical.

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.

e) Global assessment, other arguments and conclusion

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

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.

Account is taken of the fact that average consumers rarely have the chance to make a direct comparison between different marks, but must trust in their imperfect recollection of them (22/06/1999, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 26). 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).

As established above in section a) of this decision, the services are partly identical, partly similar to varying degrees and partly dissimilar. As identity or similarity of services is a necessary condition for the application of Article 8(1)(b) EUTMR, the opposition based on this Article and directed at the dissimilar services cannot be successful.

The services found to be identical or similar to varying degrees target the general and professional public, whose degree of attention may vary from average to high.

The distinctiveness of the earlier mark is normal per se.

The signs are visually similar to an average degree and aurally and conceptually identical, as they coincide in the distinctive, slightly stylised letter ‘A’.

Contrary to the applicant’s arguments, the overall impression that each mark makes on the relevant public is similar. This is because the signs have a similar structure and colour, and a common verbal element depicted in a similar way, positioned in the middle of a similar figurative element. The differences between the signs are not sufficient to give the consumer a different visual impression, especially considering the imperfect recollection of the signs mentioned above. Furthermore, the signs do not have any further verbal and figurative elements that would differentiate them.

Therefore, it is highly conceivable that the relevant public, who, even if highly attentive, will have to rely on its imperfect recollection of the signs, could confuse the signs or believe that the identical or similar services originate from the same or economically linked undertakings, even for the services found to be similar to only a low degree.

Considering all the above, there is a likelihood of confusion on the part of the public. It follows that the contested trade mark must be rejected for the services found to be identical or similar to varying degrees to those of the earlier trade mark.

The opponent has also based its opposition on the earlier European Union trade mark registration No 18 032 097 for the figurative mark , registered for the following services:

Class 35: Sales promotions at point of purchase or sale, for others; providing business marketing information; business advice relating to marketing management consultations; provision of information relating to marketing; market analysis and research; internet marketing; product marketing; arranging and conducting marketing promotional events for others; advice relating to marketing management; development of marketing strategies and concepts; dissemination of commercial information; dissemination of advertisements via the internet; dissemination of advertisements; distribution of promotional matter; production of advertising material; demonstration of goods for promotional purposes; preparation of advertising material; demonstration of goods for promotional purposes; production of advertising material; compilation, production and dissemination of advertising matter; management on behalf of industrial and commercial enterprises in terms of supplying them with office requisites; provision of information and advice to consumers regarding the selection of products and items to be purchased; business management of wholesale and retail outlets; dissemination services of advertisement matter; customer loyalty services for commercial, promotional and/or advertising purposes; issuing of publicity leaflets; publication of advertising literature; publication of printed matter for advertising purposes; publication of publicity materials on-line; publication of publicity materials and texts; electronic publication of printed matter for advertising purposes; arranging of displays for advertising purposes; arranging of presentations for advertising purposes; organisation of customer loyalty programs for commercial, promotional or advertising purposes; prize draws (organising of -) for promotional purposes; organisation and holding of fairs for commercial or advertising purposes; arranging and conducting of fairs and exhibitions for advertising purposes; arranging and conducting of art exhibitions for commercial or advertising purposes; planning and conducting of trade fairs, exhibitions and presentations for economic or advertising purposes; distribution of publicity materials (flyers, prospectuses, brochures, samples, particularly for catalogue long distance sales) whether cross border or not; distribution of advertising material by post; distribution of publicity materials (flyers, prospectuses, brochures, samples, particularly for catalogue long distance sales) whether cross border or not; distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]; distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]; dissemination of advertising matter online; issuing and updating of advertising texts; organization of exhibitions for commercial or advertising purposes; provision of advertising space by electronic means and global information networks; arranging of demonstrations for advertising purposes; dissemination of advertising matter; dissemination of advertising via online communications networks; dissemination of advertising matter by mail; dissemination of advertising, marketing and publicity materials; direct mail advertising; distribution of advertising material by post; dissemination of advertising and promotional materials; conducting, arranging and organizing trade shows and trade fairs for commercial and advertising purposes; design of advertising brochures; design of advertising logos; design of advertising materials; design of advertising flyers; distribution of advertising announcements; distribution of advertising mail and of advertising supplements attached to regular editions; distribution of prospectuses for advertising purposes; handbill distribution; distribution of flyers, brochures, printed matter and samples for advertising purposes; distribution of advertising material; distribution of promotional matter; distribution of samples for publicity purposes; distribution of products for advertising purposes; distribution of publicity texts; organization of exhibitions for commercial or advertising purposes; bill-posting; advertising business especially in the field of telematic and telephone networks; personnel recruitment advertising; advertising the goods and services of online vendors via a searchable online guide; advertising of the services of other vendors, enabling customers to conveniently view and compare the services of those vendors; advertising of business web sites; advertising relating to transport and delivery; direct mail advertising; banner advertising; advertisement for others on the internet; on-line advertising on a computer network; on-line advertising on a computer network; on-line advertising on a computer network; on-line advertising on a computer network; online advertisements; on-line advertising on a computer network; on-line advertising on a computer network; advertising particularly services for the promotion of goods; advertising in the popular and professional press; advertising in periodicals, brochures and newspapers; magazine advertising; electronic billboard advertising; bill-posting; advertising, including on-line advertising on a computer network; advertising, marketing and promotional services; advertising by transmission of on-line publicity for third parties through electronic communications networks; advertising, marketing and promotional services; personnel recruitment advertising; advertising for others; direct mail advertising; direct mail advertising to attract new customers and to maintain the existing customer base; advertising by mail order; direct marketing; promotional services provided by telephone; radio advertising; television advertising; advertising; radio advertising; advertising and marketing; on-line advertising and marketing services; publicity and sales promotion services; collection of information relating to advertising; advertising agencies; consultancy relating to advertising; organisation of events for commercial and advertising purposes; online retailing of clothing accessories, accessories for clothing, perfumery, eyeglasses and optical goods, clocks and watches, travel articles, umbrellas, travelling bags (leatherware), wallets for cards (leatherware), wallets of leather (leatherware), travelling sets (leatherware), luggage tag holders (leatherware), bags and wallets of leather, semi-processed leather, imitations of leather, worked and semi-worked hides and leather, key cases of leather and hide, travelling bags of leather, bags, backpacks, wallets, clothing, footwear and headwear, suits, ceremonial clothing, polo shirts, dress shoes, trainers, parkas, blazers, jerseys, hosiery, underclothing, waistcoats, trousers, sweatshirts, wallets, belts, sports shoes, ties, cuff links, braces, handkerchiefs for suits, bow-ties, arranging and conducting of promotional marketing events, for others; organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes; mediation of agreements regarding the sale and purchase of goods; promoting the sale of goods and services of others through the distribution of printed material and promotional contests; sales promotion for others provided through the distribution and the administration of privileged user cards; issuing of publicity leaflets; promotion, advertising and marketing of on-line websites; publication of advertising literature; publication of publicity materials; market campaigns; publication of publicity texts; advertising; advertising via electronic media and specifically the internet; advertisement via mobile phone networks; advertising through all public communication means; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; administration relating to sales methods; advisory services relating to sales promotion; advisory services relating to sales promotion; arranging business introductions relating to the buying and selling of products; presentation of goods on communication media, for retail purposes; presentation of goods via communication media for retail and advertising purposes, including promotion relating to the sale of goods and services for others by means of the distribution of advertising material and the dissemination of advertising messages on computer networks, advertising and sales promotion relating to goods and services offered and requested via telecommunications or electronic means; administrative processing and organising of mail order services; sales promotion; business administration services for processing sales made on the internet; sales promotion for others; presentation of goods on communication media, for retail purposes; clerical services for the taking of sales orders; provision of space on web-sites for advertising goods and services; compilation of advertisements for use as web pages on the internet; promotion, advertising and marketing of on-line websites; franchising, relating to consultancy and assistance in business management, organisation and promotion; publicity and sales promotion services; import and export services, sales promotion; online promotion via computer networks and websites; promotional marketing, demonstration of goods for promotional purposes, advertising, in particular promotion of goods, dissemination of promotional leaflets, business administration, promotion of goods and services via the dissemination of discount cards, import and export of goods; assistance in business management within the framework of a franchise contract; services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises; import-export agencies for clothing, footwear, headgear, clothing accessories, accessories for clothing, leatherware; modelling agency services relating to sales promotions; provision of models for advertising; provision of models for advertising; promoting the goods and services of others by means of a loyalty rewards card scheme; administration of a discount program for enabling participants to obtain discounts on goods and services through use of a discount membership card; administration of the business affairs of franchises; business advice relating to franchising; business advice and consultancy relating to franchising; assistance in product commercialization, within the framework of a franchise contract; provision of assistance [business] in the operation of franchises; services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises; business advisory services relating to the establishment and operation of franchises; advisory services relating to publicity for franchisees; business management assistance in the field of franchising; business advertising services relating to franchising; computerized on-line ordering services; on-line promotion of computer networks and websites; business information services provided on-line from a computer database or the internet; online ordering services; online data processing; presentation of goods on communication media, for retail purposes; presentation of goods on communication media, for retail purposes; retailing and wholesaling in shops and via the internet of clothing, footwear and headwear, perfumery, cosmetics, hosiery and underclothing, wallets, backpacks, bags, hardware, computer bags, covers for telephones and tablets, covers and bags for laptops, umbrellas, fashion and clothing accessories, accessories for clothing, suitcases, tie clips, key chains, suits, jackets (clothing), cuff links, jewellery, clocks and watches, eyeglasses, sunglasses, travel articles, travel accessories, suitcases, waistcoats, trousers, sweatshirts, wallets, belts, shirts, sports shoes, ties, cuff links, braces, handkerchiefs for suits, bow ties, travelling bags (leatherware), wallets for cards (leatherware), wallets of leather (leatherware), travelling sets (leatherware), luggage tag holders (leatherware), luggage tags [leatherware], bags and wallets of leather, semi-processed leather, imitations of leather, worked and semi-worked hides and leather, key cases of leather and hide, travelling bags of leather, braces.

This mark covers the same or almost the same services, the differences being additional services that are included in the broad categories of the services (advertising, marketing, business management services, retail and wholesale) in the same class of the earlier mark analysed above. These additional services are not similar to the services of the contested mark for which the opposition has already been rejected. This is because they have a different nature and purpose and different distribution channels, producers/providers and methods of use; furthermore, they are not in competition or complementary. Therefore, the outcome cannot be different with respect to services for which the opposition has already been rejected; no likelihood of confusion exists with respect to those services.

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 services, both parties have succeeded on some heads and failed on others. Consequently, each party has to bear its own costs.

The Opposition Division

Marta Maria CHYLIŃSKA

Lidiya NIKOLOVA

Karin KLÜPFEL

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.