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OPPOSITION DIVISION |
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OPPOSITION No B 3 102 915
Medion AG, Am Zehnthof 77, 45307 Essen, Germany (opponent), represented by Becker & Müller, Turmstr. 22, 40878 Ratingen, Germany (professional representative)
a g a i n s t
Fosfa akciová společnost, Břeclav-Poštorná, 691 4, Hraniční 268, Czech Republic (applicant), represented by Jakub Chytil, Rybná 678/9, 110 00 Praha, Czech Republic (professional representative).
On 30/10/2020, the Opposition Division takes the following
DECISION:
1. Opposition No B 3 102 915 is rejected in its entirety.
2. The opponent bears the costs, fixed at EUR 300.
REASONS
The opponent filed an opposition against some of the goods and services of European Union trade mark application No 18 099 405 ‘Omnisal Life Science’ (word mark), namely against all the goods and services in Classes 9, 11, 35, 41 and 42. The opposition is based on the following earlier marks:
1. European Union trade mark registration No 16 673 171 ‘life’ (word mark)
2. European Union trade mark registration No 4 585 295 ‘LIFE’ (word 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
In relation to earlier European Union trade mark registrations No 16 673 171 ‘life’ and No 4 585 295 ‘LIFE’, the goods and services on which the opposition is based belong, inter alia, to Classes 9, 11, 35, 41 and 42. The full list of the opponent’s goods and services (which will not be reproduced here due to its length) can be found in Annex 1 of this decision.
The contested goods and services are the following:
Class 9: Scientific apparatus and instruments; scientific research and laboratory apparatus, educational apparatus and simulators; apparatus and instruments for regulating electricity; apparatus and instruments for controlling electricity; apparatus and instruments for switching electricity; apparatus and instruments for transforming electricity; solar energy collectors for electricity generation; electricity control panels; electric current meters; electric current sensors; electric current rectifiers; electric current switches; power adapters; collectors, electric; current limiters; electric current transformers; air analysis apparatus; sound recording apparatus; apparatus for recording data; sound and picture recording apparatus; time and date recording apparatus; data storage devices and media; magnetic data media; optical recording media; data processing apparatus; computers; computer software; computer hardware; clothing especially made for laboratories.
Class 11: Gas regulators; gas cleaners and purifiers; air filtering installations.
Class 35: Commercial or industrial management assistance; procurement services for others [purchasing goods and services for other businesses]; cost price analysis; efficiency experts; business management services relating to the development of businesses; business management services relating to the development of businesses; organisation of trade fairs for commercial or advertising purposes; organization of exhibitions for commercial or advertising purposes; automated data processing; business investigation; market analysis and research; marketing forecasting; marketing forecasting; economic forecasting and analysis; business appraisal; business management; business administration; office functions; business management and organization consultancy; commercial or industrial management assistance; provision of commercial information; commercial information agencies [provides business information, e.g., marketing or demographic data]; advisory and consultancy services relating to import-export agencies; import-export agency services; accountancy, book keeping and auditing; marketing advice; taxation [accountancy] consultation; computerised auditing; accounting; computerised auditing; data search in computer files for others; personnel consultancy; job and personnel placement; personnel placement and recruitment; consumers (commercial information and advice for -) [consumer advice shop]; advertising; advertising; advertising; marketing services.
Class 41: Cultural services; nursery schools; nursery schools; club services [entertainment or education]; personal development courses; personal development training; educational services relating to spiritual development; provision of training courses in personal development; conducting workshops and seminars in self awareness; education services relating to the development of childrens’ intellectual faculties; conference services; consultancy and information services relating to arranging, conducting and organisation of symposiums; consultancy and information services relating to arranging, conducting and organisation of congresses; consultancy and information services relating to arranging, conducting and organisation of colloquiums; cultural, educational or entertainment services provided by art galleries; organisation of quizzes, games and competitions; publishing services; on-line publishing services; electronic desktop publishing; providing on-line electronic publications, not downloadable; education, entertainment and sports; training and instruction; employment training; practical training [demonstration]; school services; entertainment services in the nature of organizing social entertainment events; entertainment services in the nature of arranging social entertainment events.
Class 42: Analysis and evaluation of product development; analysis and evaluation of product design; analysis of product design; water analysis; certification [quality control]; certification services for the energy efficiency of buildings; certification of educational services; materials testing and evaluation; environmental testing of exhaust emissions; quality assessment; product quality evaluation; research in the field of environmental protection; energy auditing; engineering testing; architectural and engineering services; engineering services for the gas industry; engineering services for the design of structures; engineering services in the field of building technology; engineering services in the field of motive power; engineering services in the field of energy technology; engineering services relating to data processing; toxicity analysis; analysis of materials; analytical services relating to the assessment of the chemical content of liquids; analytical services relating to the assessment of the bacterial content of liquids; earth science services; behavioural analysis of chemicals; bacteriological research and analysis; architectural consultation; cosmetic research; textile testing; consultancy in the field of energy-saving; meteorological forecasting; providing information about the design and development of computer hardware and software; consultancy and advice on computer software and hardware; recovery of computer data; computer programming; science and technology services; research relating to technology; scientific services and design relating thereto; technological services and design relating thereto; scientific research; industrial analysis and research services; surveying; engineering services; biochemical research and analysis; chemist services; physics [research]; gas exploration; maintenance of computer programs; biological research; research relating to plant breeding; bacteriological research; technical research; data conversion of electronic information; conversion of computer programs and data, other than physical conversion; conversion of computer programs and data, other than physical conversion; computer code conversion for others; conversion of data or documents from physical to electronic media; computer system analysis; computer rental; creating and maintaining web sites for others; IT consultancy, advisory and information services.
Some of the contested goods and services are identical to the opponent’s goods and services. For example, the contested sound recording apparatus in Class 9 includes, as a broader category, the opponent’s musical sound recordings; the contested air filtering installations in Class 11 overlap with the opponent’s air-conditioning apparatus in the same class; the contested advertising in Class 35 includes, as a broader category, the opponent’s on-line advertising on a computer network in the same class; the contested on-line publishing services in Class 41 include, as a broader category, the opponent’s publication of electronic books and journals on-line, exclusively referring to music and computer or technical devices used to consume digital music, comics, phantasy, science fiction, books for children, cookbook, crime novels, thriller, advisers, travel guides, novels, non-fiction books, schoolbooks, specialised books in the same class; and the services conversion of data or documents from physical to electronic media in Class 42 are identically contained in both lists.
For reasons of procedural economy, the Opposition Division will not undertake a full comparison of the goods and services at issue. The examination will proceed as if all of the contested goods and services were identical to those covered by the earlier marks in Classes 9, 11, 35, 41 and 42, which for the opponent is the best light in which the opposition can be examined.
b) Relevant public — degree of attention
The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. It should also be borne in mind that the average consumer’s degree of attention is likely to vary according to the category of goods or services in question.
In the present case, the goods and services deemed to be identical are directed at the public at large and at business customers with specific professional knowledge or expertise. The degree of attention may vary from average to relatively high, depending on the specialised nature of the goods and services purchased, the frequency of purchase and their price.
c) The signs and the distinctiveness of the earlier marks
life
EUTM No 16 673 171
LIFE
EUTM No 4 585 295
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Omnisal Life Science
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Earlier trade marks |
Contested sign |
The relevant territory is the European Union.
The global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components (11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 23).
When assessing the similarity of the signs, an analysis of whether the coinciding components are descriptive, allusive or otherwise weak is carried out to assess the extent to which these coinciding components have a lesser or greater capacity to indicate commercial origin. It may be more difficult to establish that the public may be confused about origin due to similarities that pertain solely to non-distinctive elements.
The earlier marks are word marks composed of a single verbal element ‘life’. The contested sign is a word mark composed of three verbal elements ‘Omnisal Life Science’. The protection offered by the registration of a word mark applies to the word(s) stated in the application for registration and not to the individual graphic or stylistic characteristics which that mark might possess (22/05/2008, T‑254/06, RadioCom, EU:T:2008:165, § 43). Therefore, in the present case, it is irrelevant whether the word marks in question are depicted in upper-, lower- or title-case letters. In order to simplify the analysis and comparison of the signs, they will all be referred to in lower-case letters.
The distinctiveness of the earlier marks is one of the factors to be taken into account in the global assessment of likelihood of confusion. The world ‘life’ of which both earlier marks are composed will be perceived by the part of the relevant public with at least basic knowledge of English as referring to the ‘quality which people, animals, and plants have when they are not dead, and which objects and substances do not have’ (information extracted from Collins English Dictionary on 02/10/2020 at https://www.collinsdictionary.com/dictionary/english/life). The Opposition Division agrees with the opponent that the word ‘life’ does not directly refer or allude to any characteristic of the goods and services in question and, since the opponent did not explicitly claim that its marks are particularly distinctive by virtue of intensive use or reputation, the distinctiveness of the earlier marks must be seen as normal. The same applies to the part of the public that will perceive the verbal element ‘life’ in the earlier marks as meaningless.
The opponent claims that there is a conceptual similarity between the earlier marks and the contested sign for the part of the public that will understand the meaning of the verbal element ‘life’ in all the marks. The Opposition Division does not concur with the opponent’s assertion. In addition to the verbal element ‘life’, the contested sign also contains the verbal element ‘science’. The relevant public with at least a basic knowledge of English will perceive these verbal elements as a conceptual unit, ‘life science’, referring to ‘any one of the branches of science concerned with the structure and behaviour of living organisms, such as biology, botany, zoology, physiology, or biochemistry’ (information extracted from Collins English Dictionary on 02/10/2020 at https://www.collinsdictionary.com/dictionary/english/life-science). Therefore, regardless of the coincidence in the verbal element ‘life’, the meanings conveyed by the earlier marks and the conceptual unit ‘life science’ of the contested sign are not the same. Moreover, the distinctiveness of ‘life science’ is very limited in relation to the relevant goods and services, as it directly refers or at least strongly alludes to their characteristics, namely that the goods and services in question are developed, involved in or related to the specific fields of life sciences. For the part of the public that will perceive the verbal elements ‘life science’ as meaningless, each has an average degree of distinctiveness.
The opponent argues that the verbal element ‘omnisal’ of the contested sign consists of the prefix ‘omni-’, which means ‘all’ or ‘for all’, and the element ‘sal’, which will be perceived as ‘sale’ meaning ‘cheap offer’. Therefore, according to the opponent, the verbal element ‘omnisal’ is a purely laudatory term in relation to the goods and services in question. The Opposition Division agrees that semantically the element ‘omni-’ might be understood by a part of the relevant public as meaning ‘all’ or ‘every’, even without realising that the prefix originates from Latin (27/06/2016, R 807/2015-5, OMNIVIU / omnivit (fig.) et al., § 29). However, contrary to the opponent’s assertions, there is nothing to suggest that the relevant public will perceive the letters ‘sal’ as referring to ‘sale’ or ‘cheap offer’. The word ‘sal’ is not a common abbreviation for ‘sale’, nor did the opponent submit any evidence to support this claim. It is more likely that, for example, the Spanish and Portuguese-speaking part of the public may perceive the element ‘sal’ as referring to ‘salt’, as this word exists as such in the respective languages. However, for the majority of the relevant public the element ‘sal’ will be meaningless. In any case, the concept conveyed by the prefix ‘omni-’ is vague and is not directly and clearly related to the goods and services in question in a way that could impair its distinctiveness. Since the second element ‘sal’ is meaningless, or the abovementioned possible meaning for part of the public does not create any descriptive or allusive expression when ‘omnisal’ is perceived as a whole, contrary to the opponent’s assertions, the verbal element ‘omnisal’ has an average degree of distinctiveness. Similarly, an average degree of distinctiveness can be established for the part of the public that will perceive the element ‘omnisal’ in the contested sign as one meaningless word.
Regarding the opponent’s claim that the verbal element ‘life’ is a dominant element of the contested sign, it must be noted that according to the Office’s established practice, the notion of dominance relates only to the visual impact of a sign’s elements; that is, ‘dominant’ is used exclusively to mean ‘visually outstanding’. Consequently, the dominant character of an element is mainly determined by its position, size and/or colour. Moreover, according to the Office’s practice, word marks have no dominant elements, since they are written in standard typefaces and therefore have no elements that could be considered visually outstanding in the overall composition of the mark because of their size, position and/or colour. Consequently, neither the earlier marks nor the contested sign have any dominant element.
Visually and aurally, the signs coincide in the verbal element ‘life’, which constitutes the entirety of the earlier marks and one of the three verbal elements of the contested sign. The signs differ in the verbal elements ‘omnisal’ and ‘science’ of the contested sign, which have no counterparts in the earlier marks. The contested sign, when taken as a whole, is much longer than the earlier marks, since it consists of three words, whereas the earlier marks consist of only one rather short word ‘life’. Therefore, when pronounced, the earlier marks and the contested sign will have different rhythms and intonations.
The opponent focuses its arguments mainly on the coinciding verbal element ‘life’ in the marks and argues that the remaining elements of the contested sign are somewhat weak and less relevant. However, the similarity must be assessed considering the marks as a whole and cannot arbitrarily be reduced to only some elements of the signs. Moreover, contrary to the opponent’s arguments, the verbal element ‘omnisal’ of the contested sign has a normal degree of inherent distinctiveness (as explained above) and will be the first element noticed and remembered by the relevant consumers, since consumers, reading from left to right, generally tend to focus on the beginning of a sign when encountering a trade mark.
Regarding the coinciding verbal element ‘life’, even for the part of the public that will perceive it as meaningless and distinctive in the contested sign, it appears in between two other meaningless and distinctive verbal elements and, considering its length and position, will not outweigh the visual and aural differences created by these surrounding verbal elements ‘omnisal’ and ‘science’. The impact of the coinciding element ‘life’ is even lower for the part of the public that will perceive the meaning of ‘life science’ as explained above, since for this part of the public the verbal element ‘life’ will appear as an element of the weak expression in the contested sign.
Therefore, it can be concluded that the overall impression created by the contested sign has clearly perceptible visual and aural differences from that of the earlier marks. The coincidence in the verbal element ‘life’, due to its length and position in the contested sign, has a minimal impact on the similarity between the signs even for the part of the public for which it has a normal degree of distinctiveness. The impact of this coincidence is almost non-existent for the remaining part of the public that perceives the expression ‘life science’ as meaningful, since in this case the verbal element ‘life’ forms part of a conceptual unit that has limited distinctiveness, and the most distinctive element of the contested sign, ‘omnisal’, has nothing in common with the earlier marks.
Taking into account all the above, the earlier marks and the contested sign are considered visually and aurally similar to a low degree for the part of the public that will perceive the word ‘life’ as meaningless, and similar to a very low degree for the part of the public for whom the distinctiveness of the element ‘life science’ of the contested sign is limited.
Conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. As explained above, the part of the public that has at least a basic knowledge of English will perceive the verbal elements ‘life science’ as a conceptual unit in the contested sign. Given the syntax of the expression ‘life science’, the defining word in the combination is the second component ‘science’, as the word ‘life’ merely serves as its modifier and, when taken as a whole, refers to the kind of science. Consequently, it will convey a different meaning from that of the single verbal element ‘life’ of the earlier marks. According to settled case-law, when the contested sign forms a ‘unitary whole’ or an ‘independent logical unit’, the similarity of the signs is excluded despite the fact that the sign applied for includes the earlier mark (04/02/2014, T‑127/12, Freevolution, EU:T:2014:51, § 63-65).
Moreover, a different meaning is also conveyed by the element ‘omnisal’ of the contested sign for the part of the public that will perceive at least the prefix ‘omni-’ as meaningful. Therefore, contrary to the opponent’s arguments, the earlier marks and the contested sign do not share any common meanings and are not conceptually similar for this part of the public.
For the part of the public that will perceive all the signs as composed of meaningless words, a conceptual comparison is not possible, and the conceptual aspect does not influence the assessment of the similarity of the signs.
As the signs have been found similar to a low degree in at least one aspect of the comparison, the examination of likelihood of confusion will proceed.
d) 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/or 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).
As concluded above, the contested goods and services are deemed to be identical to the opponent’s goods and services, and target the public at large and business customers, whose degree of attention may vary from average to relatively high. The earlier marks have a normal degree of inherent distinctiveness.
The earlier marks and the contested sign are similar insofar as they have the verbal element ‘life’ in common. However, as explained in section c), this commonality only leads to, at most, a low degree of visual and aural similarity, as the contested sign, irrespective of the relevant public’s perception, contains, at least, one additional distinctive verbal element in its initial position; and, when taken as a whole, it has clearly perceptible visual and aural differences from the relatively short earlier marks. Although the earlier marks are fully incorporated in the contested sign, for the part of the public for which the coinciding element ‘life’ is meaningless and distinctive, the signs still differ in the contested sign’s two additional and equally distinctive verbal elements. For the remaining part of the public, the coincidence lies in the part of the expression in the contested sign that has only limited distinctiveness, and the contested sign clearly differs from the earlier marks in its most distinctive element ‘omnisal’.
The Opposition Division agrees with the opponent 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). However, in the absence of any conceptual link between the signs, the, at most, low degree of visual and aural similarity is insufficient to assume that relevant consumers when encountering the contested sign in the absence of the earlier marks, using their general recollection of marks, would be likely to be confused and believe that the contested sign was the same as, or somehow related to, the earlier marks.
Therefore, even taking into account the abovementioned principle of interdependence and the fact that the goods and services are deemed to be identical, the differences between the contested sign and the earlier marks clearly outweigh the similarities between them. Consequently, it can be safely assumed that the relevant consumers, even those with an average degree of attention, will not confuse the marks in question nor be led to believe that the goods and services at issue come from the same undertaking or economically linked undertakings.
Considering all the above, even assuming that the goods and services are identical, there is no likelihood of confusion on the part of the public.
Therefore, the opposition must be rejected.
COSTS
According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.
Since the opponent is the losing party, it must bear the costs incurred by the applicant in the course of these proceedings.
According to Article 109(7) EUTMR and Article 18(1)(c)(i) EUTMIR, the costs to be paid to the applicant are the costs of representation, which are to be fixed on the basis of the maximum rate set therein.
The Opposition Division
Marine DARTEYRE |
Rasa BARAKAUSKIENE |
Cristina CRESPO MOLTÓ |
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.
ANNEXES
- Annex 1: the full list of the goods and services on which the opposition is based in relation to earlier European Union trade mark registrations No 16 673 171 ‘life’ and No 4 585 295 ‘LIFE’, pp. 10-14;
ANNEX 1
In relation to earlier European Union trade mark registration No 16 673 171 ‘life’, the goods and services on which the opposition is based are the following:
Class 9: Music software; musical sound recordings; musical video recordings; downloadable digital music; downloadable video recordings featuring music; data recorded electronically; downloadable electronic books exclusively referring to music and computer or technical devices used to consume digital music, comics, phantasy, science fiction, books for children, cookbook, crime novels, thriller, advisers, travel guides, novels, non-fiction books, schoolbooks, specialised books; downloadable ring tones for mobile phones; recorded content; information technology and audio-visual, multimedia and photographic devices; navigation, guidance, tracking, targeting and map making devices; information technology and audiovisual equipment; access control devices; alarms and warning equipment.
Class 35: Computerised file management; on-line advertising on a computer network; rental of advertising time on communication media; publication of publicity texts; rental of advertising space; dissemination of advertising matter; retailing in relation to electric household utensils; retailing in relation to electronic household utensils; retail services in relation to computer software; retail services in relation to mobile phones; retail services in relation to smartphones; retail services in relation to smartwatches; retail services in relation to downloadable music files; retail services in relation to downloadable electronic publications; retail services in relation to wearable computers; retail services in relation to printed matter; retail services in relation to navigation devices; retail services in relation to audio-visual equipment.
Class 38: Telecommunications; mobile telephone communication services; providing access to multimedia content online; provision of access to data on communication networks; providing telecommunications connections to a global computer network; rental of telecommunication equipment; teleconferencing services; electronic messaging; rental of access time to global computer networks; providing access to digital music web sites on the internet; audiovisual communication services; radio broadcasting; television broadcasting; telecommunication gateway services; providing access to telecommunication networks; providing access to digital music web sites on the internet; providing access to a video sharing portal; providing user access to computer programmes in data networks; providing access to databases in computer networks; provision of electronic sound links; provision of electronic video links; providing user access to portals on the Internet; provision of access to an Internet portal featuring video-on-demand programs.
Class 41: Entertainment; videotape production; rental of sound recordings; booking of seats for shows; game services provided on-line from a computer network; publication of electronic books and journals on-line, exclusively referring to music and computer or technical devices used to consume digital music, comics, phantasy, science fiction, books for children, cookbook, crime novels, thriller, advisers, travel guides, novels, non-fiction books, schoolbooks, specialised books; providing publications from a global computer network or the internet which may be browsed exclusively referring to music and computer or technical devices used to consume digital music, comics, phantasy, science fiction, books for children, cookbook, crime novels, thriller, advisers, travel guides, novels, non-fiction books, schoolbooks, specialised books; providing on-line publications exclusively referring to music and computer or technical devices used to consume digital music; providing electronic publications exclusively referring to music and computer or technical devices used to consume digital music, comics, phantasy, science fiction, books for children, cookbook, crime novels, thriller, advisers, travel guides, novels, non-fiction books, schoolbooks, specialised books; providing a computer game that may be accessed network-wide by network users; providing digital music from the internet; provision of information relating to entertainment online from a computer database of the internet; providing on-line reviews of books; internet games (non-downloadable); providing video entertainment via a website; providing television programmes, not downloadable, via video-on-demand transmission services; providing films, not downloadable, via video-on-demand transmission services; providing on-line music, not downloadable; provision of on-line entertainment; provision of games by means of a computer based system; entertainment provided via the internet; entertainment provided via a global communication network; providing information in the field of music; provision of entertainment information by electronic means.
Class 42: Hosting services and software as a service and rental of software; consultancy in the field of computers; conversion of computer programs and data, other than physical conversion; conversion of data or documents from physical to electronic media; on-line computer services; digitalization of sound and images; cross-platform conversion of digital content into other forms of digital content; copying of computer software; computer hardware development; software development, programming and implementation.
In relation to earlier European Union trade mark registration No 4 585 295 ‘LIFE’, the goods and services on which the opposition is based are the following:
Class 7: Tin openers (electric); electric generators; electric hammers; electric motors (not for land vehicles); fruit presses (electric) for household purposes; electromechanical apparatus for preparing beverages; electric hand drills; glue guns, electric; electric food processors; knives (electric); blenders, electric, for household purposes; electromechanical food preparation machines; machines and apparatus for polishing (electric); fruit presses, electric; machines and apparatus for cleaning (electric) for household purposes; electric beaters; electric shears; whisks, electric for household purposes; electric shoe polishers; machines and apparatus (electric) for carpet shampooing; food processors (electric); grinders/crushers (electric) for household purposes; coffee grinders (other than hand operated); mills for household purposes (other than hand-operated); knife grinders; vacuum cleaners; bags for use in vacuum cleaners; vacuum cleaner attachments for disseminating perfumes and disinfectants; washing machines; bread cutting machines.
Class 8: Flat irons (non-electric); non-electrical tin openers; egg slicers (non-electric); irons (non-electric hand tools); depilation appliances (electric and non-electric); hand implements for hair curling (non-electric); Depilation appliances, electric and non-electric; Hair clippers, electric and non-electric; cheese slicers (non-electric); manicure sets, electric; manicure sets; nail files, electric; fingernail polishers (electric or non-electric); nail clippers (electric or non-electric); pizza cutters (non-electric); razor cases; razors, electric and non-electric beard-clipping machines; gimlets (hand tools); milling cutters (hand tools); hand implements for hair curling (non-electric); hand tools (hand-operated).
Class 9: Magnetic encoders; magnetic data carriers; optical data media; data-processing apparatus; optical character readers; writing and/or reading implements (data processing); magnetic data carriers; mouse (data processing equipment); optical data carriers; disc exchangers (for computers); scanners [data processing equipment]; memories for data processing installations, processors (central processing units); compact discs (read-only memory); compact discs (audio-video); computers; recorded computer programs; computer software [recorded]; games programs for computers; computer operating programs (recorded); computer peripheral devices; computer programs (downloadable); computer keyboards; printers for use with computers; wrist rests for use with computers; interfaces [for computers]; laptops (computers); floppy disc drives; monitors for computers; monitors (computer hardware), navigation apparatus (computer programs) for vehicles (onboard computers); notebooks (computers); computer peripheral devices; computer programs; computer software (recorded); computer game programs; keyboards for computers; make-up removing appliances, electric; grids for electric accumulators, chargers for electric accumulators, plates for electric accumulators, electric accumulators; alarm bells, electric; connection boxes (electricity), display apparatus (electric); electronic display panels; batteries, electric; flat irons, electric; theft prevention installations, electric; electric wires; electrodynamic apparatus for the remote control of railway points; electric cables; electric capacitors; electromagnetic coils; electronic publications [downloadable]; electronic pens [visual display units]; discharge tubes, electric, other than for lighting; anti-interference devices (electricity); batteries, electric, for vehicles; electrodynamic signal remote control apparatus; photocopiers (photographic, electrostatic, thermic); inductance coils (electricity); electric devices for attracting and killing insects; wire connectors (electricity); door bells (electric); chargers for electric batteries; hair-curlers, electrically heated; welding apparatus, electric; soldering irons, electric; solenoid valves (electromagnetic switches); measuring devices, electric; electrically heated hair curlers; locks (electric); transmitters of electronic signals; electronic security tags for goods; socks, electrically heated; electronic pens (visual display units); buzzers electric; electronic pocket translators; electronic organisers; electric door bells; door openers, electric; door closers, electric; monitoring apparatus, electric; compact discs (audio-video); receivers (audio and video); tone arms for record players; head cleaning tapes [recording]; tone arms for record players; sound recording apparatus; tape-recorders; sound locating instruments; sound carriers; sound transmitting apparatus; sound amplifiers; sound-reproducing apparatus; amusement apparatus adapted for use with television receivers; temperature indicators; video telephones; loudspeaker boxes; letter scales; compact disc players; television apparatus; telephone apparatus; motion picture cameras; film cutting apparatus; radiotelephony sets; signalling bells; altimeters; cassette players; compasses; headphones; laser pointers (luminous pointers); microphones; mobile telephones; modems; navigational instruments; lenses (optics); mouse pads (mouse mats); plotters; projection apparatus; projection screens; slide projectors, radios; smartcards (cards with integrated circuits); video games adapted for use with television receivers only; walkie talkies; video cameras; video recorders; safety helmets for sports; none of the aforesaid goods being or featuring educational and/or entertainment content intended for general circulation; the aforementioned goods exclusive of board game programs for computers, computer board games and video board games for use with television receivers only, electronic board games, video board games for a connection to a television, board games software, cards/discs/tapes/wires/circuits for bearing or bearing board games and/or games software and/or arcade board games, board gaming machines including slot machines.
Class 10: Electric acupuncture apparatus; electrodes for medical use; electrocardiographs; belts, electric, for medical purposes; heating cushions, electric, for medical purposes; thermoelectric compresses (surgery), thermal compresses (electric) for surgical purposes; electrical dental apparatus; aerosol dispensers for medical purposes; sphygmomanometers; hot air apparatus (therapeutic); lamps for medical purposes; massage apparatus.
Class 11: Electric heaters for baby bottles; electric lights for Christmas trees; pressure cookers (autoclaves), electric; electrically heated carpets; discharge tubes, electric, for lighting; sockets for electric lights; baby bottle warmers (electric); electric deep fryers; footmuffs, electrically heated; footwarmers (electric or non-electric); electric light bulbs; filaments for electric lamps; heating filaments (electric); electric heating apparatus; yoghurt-makers, electric; coffee filters, electric; electric coffee percolators; electric coffee percolators; cooking utensils (electric); sockets for electric lamps; filaments for electric lamps; electric lamps; electric discharge tubes for lighting; electric fans for personal use; radiators, electric; electric pressure cookers; electrically heated carpets; waffle irons, electric; electric laundry dryers; kettles (electric); flashlights (torches); ice machines and apparatus; bicycle lights; freezers, refrigerators; air-conditioning apparatus; refrigerating containers; microwave apparatus (cooking apparatus), warming plates; stoves; torches.
Class 16: Paper tapes and cards for the recording of computer programs; inking ribbons for computer printers; paper tapes and cards for the recording of computer programs; paper tapes and cards for recording computer programs; credit card printing apparatus, non-electric; pencil sharpeners (electric or non electric); pencil sharpeners (electric or non-electric); electrocardiograph paper; typewriters (electric or non-electric); pointers (non-electronic); non of the aforesaid goods being or featuring educational and/or entertainment content intended for general circulation.
Class 28: Stationary exercise bicycles; body-building apparatus; discuses for sports; kites; skating boots with skates attached; remote controlled vehicles; model vehicles (miniature); badminton sets; paragliders; appliances for gymnastics; dumb-bells; inline skates; machines for physical exercises; skateboards; tables for indoor football.
Class 42: Computer programming; conversion of data or documents from physical to electronic media; hiring out data-processing equipment; recovery of computer data; updating of computer software; computer consultancy; copying of computer programs; updating of computer software; computer software design; rental of computer software; consultancy in the field of computers; recovery of computer data; installation of computer programs, maintenance of computer software; computer systems design; systems analysis; design of computer systems; computer software design; design of computer systems; installation of computer programs; conversion of computer programmes and data (other than physical alteration); copying of computer programs; computer software rental; maintenance of computer software; recovery of computer data; conversion of data or documents from physical to electronic media; design and maintenance of websites for third parties.