OPPOSITION Nо B 3 101 206

 

Aviareto Limited, Suite 5, Plaza 255, Blanchardstown Corporate Park 2, Blanchardstown, Dublin 15, Ireland (opponent), represented by Reddie & Grose LLP, The White Chapel Building, 10 Whitechapel High Street, London E1 8QS, United Kingdom (professional representative) 

 

a g a i n s t

 

Global Closing Room Limited, 70 Sir John Rogerson's Quay, D02 R296 Dublin, Ireland (applicant), represented by Mason Hayes & Curran LLP, South Bank House, Barrow Street, D04TR29 Dublin 4, Ireland (professional representative).

On 19/05/2021, the Opposition Division takes the following

 

 

DECISION:

1.	Opposition No B 3 101 206 is partially upheld, namely for the following contested goods and services:

 

	Class 9: All the goods in this Class. Class 35: All the services in this Class. Class 36: Financial transfers and transactions, and payment services; processing payments for the purchase of goods and services via an electronic communications network. Class 38: All the services in this Class. Class 42: All the services in this Class. Class 45: All the services in this Class.

2.	European Union trade mark application No 18 126 814 is rejected for all the above goods and services. It may proceed for the remaining services.

3.	Each party bears its own costs.

 

REASONS

 

On 25/10/2019, the opponent filed an opposition against all the goods and services of European Union trade mark application No 18 126 814, ‘Global Closing Room’ (word mark), namely against all the goods and services in Classes 9, 35, 36, 38, 42 and 45. The opposition is based on European Union trade mark registration No 17 941 564, ‘CLOSING ROOM’ (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

 

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

 

Class 9: Computer software; downloadable computer software; computer software for creating searchable databases of information and data; database management software; computer software for accessing, browsing and searching online databases; computer software for data processing; computer software to automate data warehousing; computer software for use in the registration of financial interests in aircraft and mobile assets; computer software for providing access to online, virtual meeting rooms to facilitate registration and transfer of aircraft and mobile assets; computer software for providing access to online, virtual data rooms that enable uploading of and managing access to documents and information, coordinating users, accepting consents, accepting payments, and managing registration of assets; computer software for use in connection with the recording of legal, financial, business and other economic transactions in databases, including blockchain databases; computer software to enable connection to databases, computer networks, global computer networks and the Internet; computer software for the wireless exchange of data; network management apparatus and software; computer software for use in providing multiple user access to a global computer information network; computer software enabling the exchange of data between aircraft financiers and other parties involved in aircraft purchasing and leasing; computer databases; interactive databases; electronic databases, including those recorded on computer media; VPN (virtual private network) operating software; WAN (wide area network) operating software; downloadable electronic publications including electronic brochures, reports and newsletters.

Class 35: Business advisory services; business information services; providing administration services via an online portal for registration of interests in aircraft and mobile assets; providing on-line administration services via a website featuring on-line registration services in the field of aircraft and mobile assets and interests therein; providing online administration services via a website in the field of aircraft and mobile assets therein; administrations services, namely providing an online portal that allows users to compile the information required to effect the registration of an aircraft or mobile asset in advance of submitting a registration application to a registry or registration authority; compilation and maintenance of a commercial register relating to aircraft and mobile assets; aircraft and mobile asset pre-positioning administration services, namely allowing users to select and order information in a commercial database relating to the registration of aircraft and mobile assets; compilation of computer databases; systemization of information into computer databases; management of computer databases; provision of computerized information relating to business records; commercial information provided by means of a computer database; compiling indexes of information for commercial purposes; compiling, storing, analysing, and retrieving data and information; compiling, storing, analysing and retrieving data and information from a computer database or the Internet; maintaining a registry of information; updating of information in registries; maintenance of asset registers (for others); maintaining and updating a register or database of financial information and financial charges; compiling indexes of information in the field of industrial asset management of aircraft and aircraft equipment; compiling statistics and providing statistical information for commercial purposes; information, advisory and consultancy services relating to all of the aforesaid; none of the aforesaid services relating to the sale, transfer or purchase of a business.

Class 36: Financial services; financial management; financial appraisals and evaluation; financial asset management; asset management for third parties; asset-based financing; asset evaluation; financial leasing; financial services relating to the acquisition of property; financial services relating to the acquisition and leasing of aircraft and parts of aircraft; escrow services; registration of securities; provision of financial information; financial services, namely, registration of financial title, charges and interests; financial services, namely, registration of financial title, charges and interests, including such services provided online; information, advisory and consultancy services relating to all of the aforesaid; none of the aforesaid services relating to the sale, transfer or purchase of a business.

Class 38: Telecommunications services; providing access to computer databases; providing access to a global computer network for the transfer and dissemination of information; transmission of information by electronic means; leasing access to computer databases; rental of access time to global computer networks; providing virtual private network (VPN) services; providing WAN (wide area network) services; telecommunications services for the distribution of data, including the distribution of blockchain databases and electronic files containing data relating to economic transactions; providing virtual private network services for the purpose of transacting using smart contracts; electronic exchange of data stored in databases accessible via telecommunication networks; providing access to content, websites and portals on the Internet; providing user access to platforms on the Internet; providing access to online, virtual meeting rooms for pre-positioning and pre-registration of aircraft and mobile assets; providing access to online, virtual meeting rooms to enable users to determine ownership of aircraft and mobile assets; providing access to on-line, virtual data rooms that enable uploading of and managing access to documents and information, coordinating users, accepting consents, accepting payments, and managing registration of assets, all in the field of aviation and aircraft assets; providing access to an online portal for registration of interests in aircraft and mobile assets; providing access to an on-line portal that allows users to compile the information required to effect the registration of an aircraft or mobile asset in advance of submitting a registration application to a registry or registration authority; providing access to a website featuring on-line registration services in the field of aircraft and mobile assets and interests therein; providing access to content, websites and portals on the Internet to enable users to select and order information relating to the registration of aircraft and mobile assets; cloud based telecommunication services; providing access to databases for the recording of legal, financial, business and other economic transactions; information, advisory and consultancy services relating to all of the aforesaid.

Class 42: Computer services; design and development of databases; design and development of computer software; design and development of computer database software; providing online, non-downloadable software; providing temporary use of online non-downloadable software; providing temporary use of online non-downloadable software for database management; providing temporary use of online non-downloadable software for the management of information; maintaining and updating databases; hosting of databases; hosting of portals on the internet; hosting an online portal for registration of interests in aircraft and mobile assets; hosting an on-line portal that allows users to compile the information required to effect the registration of an aircraft or mobile asset in advance of submitting a registration application to a registry or registration authority; hosting a website featuring online registration services in the field of aircraft and mobile assets and interests therein; hosting an online portal to enable users to select and order information relating to the registration of aircraft and mobile assets; hosting of websites; creating and designing website-based indexes of information for others [information technology services]; platform as a service [PaaS]; software as a service [SaaS]; providing temporary use of non-downloadable computer software to enable the recording of legal, financial, business and other economic transactions in databases, including in blockchain databases; the design and hosting of databases for the recording of legal, financial, business and other economic transactions; digital asset management; providing use of software to register financial title, charges and interests online; technical data analysis; technical data analysis relating to the registration of financial interests in aircraft and mobile assets; information technology support services; information, advisory and consultancy services relating to all of the aforesaid.

Class 45: Providing an online portal for the registration of interests in aircraft and mobile assets; providing a website featuring on-line registration services in the field of aircraft and mobile assets and interests therein; providing an online portal that allows users to assemble the information required to effect the registration of an aircraft or mobile asset in advance of submitting a registration application to a registry or registration authority; aircraft and mobile asset registration, pre-registration services; information, advisory and consultancy services relating to all of the aforesaid.

The contested goods and services are the following:

Class 9: Computer software; computer software and computer servers; computer software for collaboration services, data management, data security, data access, data searching, data review and compliance; computer software for data storage, business and asset due diligence processes; computer software for transaction inception, negotiation and completion processes; computer servers with network access operating software; computer software for providing management of user data; computer software for accessing and managing data securely; computer software for use in providing multiple user access to a global computer information network.

Class 35: Collection and systematization of business data; acquisition (business -) searches; analysis of business information; analysis of business management systems; analysis of company behaviour; assessment analysis relating to business management; business appraisals and evaluations in business matters; business data analysis services; conducting of business appraisals; dissemination of business information; dissemination of data relating to business; preparation and compilation of business and commercial reports and information; information and data compiling and analysing relating to business management; provision of business and commercial information; provision of business management information; registration and transcription of written communications; registration of written communications and data; management assistance services; business management services; business assistance, management and administrative services.

Class 36: Property management services; financial transfers and transactions, and payment services; processing payments for the purchase of goods and services via an electronic communications network.

Class 38: Digital communication services; transmission of messages; transmission of messages and images; providing multiple use access to global computer information networks for the transfer and dissemination of a wide range of information; providing access to information via data networks; providing access to information via the internet; providing user access to information on the internet; providing access to a global computer network for the transfer and dissemination of information.

Class 42: Services relating to computers, computer servers and software; computer services, namely, cloud hosting provider services; providing temporary access to and use of software for the management of data and data backup services; application service provider (ASP), namely, hosting computer software applications and data of others; software as a service (SAAS) services for use in data management, data security, data access, data searching, data review and compliance; computer technology support services, namely, help desk services.

Class 45: Litigation support services; providing information relating to legal affairs; preparation of legal reports; legal support services; licensing of computer software [legal services]; information, advisory and consultancy services relating to legal matters. 

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 ‘including’, used in the opponent’s list of goods and services, indicates that the specific goods and 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 applicant’s and opponent’s lists 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.

Furthermore, the opponent’s list of goods and services contains at the end of Classes 35 and 36, after a semicolon, a wording ‘none of the aforesaid services relating to the sale, transfer or purchase of a business’ which refers to all preceding services in relevant Classes. It is a restriction as the respective services are excluded from sale, transfer or purchase of a business.

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.

According to the applicant the parties in conflict operate on different markets and have different profiles, scope and clients. The applicant argues that it ‘uses the contested trade mark in providing a service which facilitates the execution, performance and closure of complex transactions among parties globally using state of the art and enterprise grade technology. Those transactions are not limited to solely the aviation industry’. According to the applicant its services are ‘intended for a wide range of corporate customers, businesses and private clients seeking innovative ways to complete complex transactions online and using blue-chip technology’. The applicant points out on the other hand that the opponent’s service is ‘service offering (…) merely a means for parties to register international interests in aircraft only to permit the lender benefiting from that international interest to be a senior secured lender, which is a post-closing activity’. Comparison of the goods and services must be based on the wording indicated in the respective lists of goods/services. Any actual or intended use not stipulated in the list of goods/services is not relevant for this comparison since it is part of the assessment of likelihood of confusion in relation to the goods/services on which the opposition is based and against which it is directed; it is not an assessment of actual confusion or infringement (16/06/2010, T-487/08, Kremezin, EU:T:2010:237, § 71). Therefore, the applicant’s claim must be set aside.

Class 9:

The contested computer software (listed twice) and computer servers; computer software for collaboration services, data management, data security, data access, data searching, data review and compliance; computer software for data storage, business and asset due diligence processes; computer software for transaction inception, negotiation and completion processes; computer servers with network access operating software; computer software for providing management of user data; computer software for accessing and managing data securely; computer software for use in providing multiple user access to a global computer information network are identical to the opponent’s computer software, either because they are identically contained in both lists or because the opponent’s goods include, or overlap with, the contested goods.

Class 35:

The contested analysis of business information; analysis of business management systems; analysis of company behaviour; assessment analysis relating to business management; business appraisals and evaluations in business matters; business data analysis services; conducting of business appraisals; dissemination of business information; dissemination of data relating to business; preparation and compilation of business and commercial reports and information; information and data compiling and analysing relating to business management; provision of business and commercial information; provision of business management information; management assistance services; business management services; business assistance, management services include, as broader categories, or overlap with, the opponent’s business advisory services; none of the aforesaid services relating to the sale, transfer or purchase of a business. Since the Opposition Division cannot dissect ex officio the broad categories of the contested services, they are considered identical to the opponent’s services.

The contested collection and systematization of business data includes, as a broader category, or overlaps with the opponent’s systemization of information into computer databases; none of the aforesaid services relating to the sale, transfer or purchase of a business. Since the Opposition Division cannot dissect ex officio the broad category of the contested services, they are considered identical to the opponent’s services.

The contested registration and transcription of written communications; registration of written communications and data overlap with the opponent’s providing on-line administration services via a website featuring on-line registration services in the field of aircraft and mobile assets and interests therein; none of the aforesaid services relating to the sale, transfer or purchase of a business. Consequently, they are considered identical to the opponent’s services.

The contested administrative services include, as a broader category, the opponent’s providing administration services via an online portal for registration of interests in aircraft and mobile assets; none of the aforesaid services relating to the sale, transfer or purchase of a business. Since the Opposition Division cannot dissect ex officio the broad category of the contested services, they are considered identical to the opponent’s services.

The contested acquisition (business-) searches are similar to the opponent’s business advisory services; none of the aforesaid services relating to the sale, transfer or purchase of a business. They coincide in their nature, purpose, distribution channels and providers. Furthermore, they can be complementary to each other.

Class 36:

The contested financial transfers and transactions, and payment services; processing payments for the purchase of goods and services via an electronic communications network overlap with the opponent’s financial services; none of the aforesaid services relating to the sale, transfer or purchase of a business. They are therefore considered identical to the opponent’s services.

The contested property management services are dissimilar to the opponent’s services in Class 36. Property management is the operation, control, maintenance, and oversight of real estate and physical property, whereas the opponent’s services are various financial services. They differ in their nature, purpose, distribution channels, producers/providers and method of use. They are neither in competition with each other nor complementary to each other. The other opponent’s goods and services neither have any points of contact with the contested services as they are not related to property management services. For the same reasons, as indicated above, the contested property management services have no points in common with the remaining opponent’s goods and services in Classes 9, 35, 38, 42 and 45 to which they are also dissimilar.

Class 38:

The contested digital communication services; transmission of messages; transmission of messages and images; providing multiple use access to global computer information networks for the transfer and dissemination of a wide range of information; providing access to information via data networks; providing access to information via the internet; providing user access to information on the internet; providing access to a global computer network for the transfer and dissemination of information are included in the broad category of, or overlap with, the opponent’s telecommunications services. Therefore, they are identical.

Class 42:

The contested services relating to computers, computer servers and software; computer services, namely, cloud hosting provider services; computer technology support services, namely, help desk services are included in the broad category of, or overlap with, the opponent’s computer services. Therefore, they are identical.

The contested providing temporary access to and use of software for the management of data and data backup services are included in the broad category of, or overlap with, the opponent’s providing online, non-downloadable software. Therefore, they are identical.

The contested application service provider (ASP), namely, hosting computer software applications and data of others are included in the broad category of the opponent’s hosting of databases. Therefore, they are identical.

The contested software as a service (SAAS) services for use in data management, data security, data access, data searching, data review and compliance are included in the broad category of the opponent’s software as a service [SaaS]. Therefore, they are identical.

Class 45:

The contested litigation support services; providing information relating to legal affairs; preparation of legal reports; legal support services; licensing of computer software [legal services]; information, advisory and consultancy services relating to legal matters are at least similar to the opponent’s aircraft and mobile asset registration, pre-registration services as well as information, advisory and consultancy services relating to all of the aforesaid. The opponent’s services cannot qualify as legal services in a strict sense, they are, nevertheless, similar to them given their coincidences in usual providers, distribution channels and public. In that regard, it must be recalled that the opponent’s services are often provided by law firms and other legal practitioners (normally those specialized in the field of aviation and mobile asset law), who assist their clients and provide legal advice with regard to their creation, registration, maintenance and transactions, as well as in the event of disputes.

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 or similar are directed mainly at business customers with specific professional knowledge or expertise and, to some extent, at the public at large (e.g. computer software).

 

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

c) The signs

 

CLOSING ROOM	Global Closing Room
Earlier trade mark	Contested sign

 The relevant territory is the European Union.

 

The global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components (11/11/1997, C-251/95, Sabèl, EU:C:1997:528, § 23).

The signs in conflict are both word marks as can be seen above. The earlier mark is composed of two words ‘CLOSING ROOM’, whereas the contested sign consists of the words ‘Global Closing Room’. The protection of a word mark concerns the word as such. Therefore, it is irrelevant whether it is written in upper- or lower-case letters unless the word mark combines upper- and lower-case letters in a manner that departs from the usual way of writing (irregular capitalisation), which is not the case here.

The unitary character of the European Union trade mark means that an earlier European Union trade mark can be relied on in opposition proceedings against any application for registration of a European Union trade mark that would adversely affect the protection of the first mark, even if only in relation to the perception of consumers in part of the European Union (18/09/2008, C-514/06 P, Armafoam, EU:C:2008:511, § 57). . Therefore, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.

 

The common element ‘CLOSING ROOM’ is meaningful in certain territories, for example in those countries where English is spoken, for example in Malta and Ireland. Consequently, the Opposition Division finds it appropriate to focus the comparison of the signs on the English-speaking part of the public.

 

The elements ‘CLOSING ROOM’, present in both signs, are English words and  will be understood as ‘ending room’ or ‘final room’ by the relevant public. The expression ‘CLOSING ROOM’ has no direct meaning for the goods and services in question and is, therefore, distinctive.

The applicant claims that these words are descriptive and non-distinctive for the relevant goods and services. However it neither presented any arguments nor submitted any evidence in this regard, showing for example that this expression ‘CLOSING ROOM’ is commonly used or known in a descriptive way within the relevant industries. Therefore, the applicant’s claim must be set aside.

 

The element ‘Global’ of the contested sign will be understood as ‘worldwide’ or ‘pertaining to the whole world’. Bearing in mind that the relevant goods and services can be offered worldwide, this element is at best very weak for these goods and services. Furthermore, it serves as an adjective describing the phrase ‘Closing Room’.

Visually and aurally, the signs coincide in the letters / the sound of the letters ‘Closing Room’. However, they differ in the letters / the sound of the letters ‘Global’.

 

Therefore, the signs are visually and aurally similar to a high degree.

 

Conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. As the signs will be associated with a similar meaning, the signs are conceptually highly similar.

 

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 goods and 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

The appreciation of a likelihood of confusion on the part of the public depends on numerous elements and, in particular, on the recognition of the trade mark on the market, the association that can be made with the used or registered sign, and the degree of similarity between the trade mark and the sign and between the goods or services identified. It must be appreciated globally, taking into account all factors relevant to the circumstances of the case (22/06/1999, C 342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 18; 11/11/1997, C 251/95, Sabèl, EU:C:1997:528, § 22).

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).

The goods and services are partly identical, partly similar and partly dissimilar in the present case. They target mainly professionals and, to some extent, the general public, whose degree of attention may vary from average to high. The earlier mark has a normal degree of distinctiveness. The signs are visually, aurally and conceptually similar to a high degree.

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).

The earlier mark, being the phrase ‘CLOSING ROOM’, is entirely incorporated in the contested sign as its second and third elements. This combination is distinctive unlike the first verbal element of the contested sign which is at best very weak, namely ‘Global’, having a very limited impact on the comparison. The Opposition Division is of the opinion that the similarities in the signs overweigh the differences.

In its observations, the applicant argues that the earlier trade mark has a low distinctive character given that there are many trade marks that include the verbal elements ‘CLOSING’ and ‘ROOM’. In support of its argument the applicant refers to several trade mark registrations in the European Union.

The Opposition Division notes that the existence of several trade mark registrations is not per se particularly conclusive, as it does not necessarily reflect the situation in the market. In other words, on the basis of data concerning a register only, it cannot be assumed that all such trade marks have been effectively used. It follows that the evidence filed does not demonstrate that consumers have been exposed to widespread use of, and have become accustomed to, trade marks that include the verbal elements ‘CLOSING’ and ‘ROOM’. Under these circumstances, the applicant’s claims must be set aside.

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the English-speaking part of the public and, therefore, the opposition is partly well founded on the basis of the opponent’s European Union trade mark registration
No 17 941 564, ‘CLOSING ROOM’. As stated above in section c) of this decision, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.

 

It follows from the above that the contested trade mark must be rejected for the 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 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

 

 

Julia GARCÍA MURILLO

Michal KRUK

Chantal VAN RIEL

 

 

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.