OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET

OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET

(TRADE MARKS AND DESIGNS)

Opposition Division

OPPOSITION No B 2 199 373

dm-drogerie markt GmbH + Co. KG, Carl-Metz-Str. 1, 76185 Karlsruhe, Germany (opponent), represented by Lemcke, Brommer & Partner Patentanwälte Partnerschaft mbB, Bismarckstr. 16, 76133 Karlsruhe, Germany (professional representative)

a g a i n s t

Tesco Stores Limited, Tesco House, Delamare Road, Cheshunt, Hertfordshire EN8 9SL, United Kingdom (applicant), represented by Stobbs, Endurance House, Vision Park, Chivers Way, Cambridge CB24 9ZR, United Kingdom (professional representative).

On 17/03/2016, the Opposition Division takes the following

DECISION

Opposition No B 2 199 373 is partially upheld, namely for all the contested goods and services except the following goods in Classes 5, 9, 10, 16, 28, 35, 41 and 44:

Class 5: Semen for artificial insemination.

Class 9: Surveying apparatus and instruments, mechanisms for coin-operated apparatus; animated cartoons; cell phone straps; coin-operated apparatus (mechanisms for -); coin-operated mechanisms for television sets; containers for contact lenses; downloadable image files; downloadable music files; downloadable ring tones for mobile phones; eyeglass chains; eyeglass cords; eyeglass frames; magnets (decorative -); magnets; plane tables [surveying instruments]; rods [surveying instruments]; spectacle frames; surveying apparatus and instruments; surveying chains; surveying instruments, counter-operated apparatus (mechanisms for -); ticket dispensers, parts and fittings for all the aforesaid goods.

Class 10: Artificial eyes, hearing protectors; love dolls [sex dolls]; plugs (ear -) [ear protection devices]; prostheses (intraocular -) [lenses] for surgical implantation; parts and fittings for all the aforesaid goods.

Class 16: Paint brushes; printers' type; printing blocks; typewriters and office requisites (except furniture), addressing machines; biological samples for use in microscopy [teaching materials]; bookbinding apparatus and machines [office equipment]; chaplets; checkbooks [cheque books] (holders for -); composing frames [printing]; credit card imprinters, non-electric; document laminators for office use; drawing t-squares; envelope sealing machines, for offices; graining combs; hand labelling appliances; hectographs; histological sections for teaching purposes; house painters' rollers; mimeograph apparatus and machines; money clips; numbering apparatus; paintbrushes; painters' brushes; passport holders; printers' reglets; printing blocks; printing sets, portable [office requisites]; printing type; sealing machines for offices; steel letters; type [numerals and letters]; numbers [type]; typewriter keys; typewriters, electric or non-electric; vignetting apparatus, parts and fittings for all the aforesaid goods.

Class 28: Fairground ride apparatus, parts and fittings for all the aforesaid goods.

bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, abrasive cloth, preparations for the hair and for the care of the skin (non-medicated), toiletries for babies and infants (non-medicated), non-medicated creams for the prevention and treatment of nappy rash, petroleum jelly (for cosmetic purposes), pre-impregnated wipes and towels with personal cleansing and/or cosmetic lotions, pre-impregnated wipes and towels for the treatment and prevention of nappy rash, pre-impregnated wipes and towels for hygienic purposes (personal use), hygienic wipes and towels for cleaning purposes (household use), skin creams, skin balms, body lotions, body oils, body butters, baby lotion, baby oil, nipple creams and balms, lotions, creams and gels for treatment of stretch marks, moisturising gels, soaps, bar soaps, liquid soaps, shampoo, hair conditioner, all in one bath and hair cleansers, bath and shower gels and foams, talcum powder, liquid talc, baby massage oil, sunscreen, sun protection oils, lotions, creams and gels, after-sun oils, lotions, creams and gels, toothpaste, mouthwash, cosmetic products, lip balms, cotton sticks, cotton wool, medicated soaps, medicated shampoo, medicated hair conditioner, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for humans and animals, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, herbicides, feminine hygiene products, panty liners, sanitary towels, tampons, maternity towels, pants for feminine hygiene, sanitary briefs, incontinence pads, incontinence pants, nappies, disposable nappies, disposable nappies made of cellulose, disposable nappies made of paper, nappies for incontinents, cotton wool for pharmaceutical purposes, cotton wool in the form of buds for medical use, towels impregnated with medicated or disinfectant lotions, impregnated antiseptic wipes, impregnated medicated wipes, petroleum jelly (for medical purposes), skin care creams for medical use, medicated creams, babies' creams (medicated), medicated skin creams, nappy cream (medicated), sanitising wipes, moist wipes impregnated with a pharmaceutical lotion, antiseptic wipes, baby wipes, medicated balms, teething gel, medicated nipple creams, hand tools and implements (hand-operated), cutlery, side arms, razors, nail clippers, cutlery for use with babies, children and infants, forks, knives, spoons, cases for cutlery, disposable tableware (cutlery) made of plastics, soft-tip spoons for use with babies, infants and children, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment, computers, computer software, fire-extinguishing apparatus, recorded media including computer software, educational software, educational programmes, films, films bearing recorded educational material, DVDs, CD-ROMS, children's educational software, downloadable publications, downloadable electronic publications, baby monitors, thermometers, safety caps, safety covers for electrical equipment and apparatus, safety alarms, children's safety gates, eyewear, protective eyewear, visors and hats, sunglasses, buoyancy aids, inflatable arm-bands, surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth, Orthopaedic articles, suture materials, feeding bottles, feeding bottle teats, teats for babies, infants and children, re-usable and disposable teats for bottles and drinking cups for babies, infants and children, spoons for administering medicine, incubators for babies, gloves for medical purposes, maternity belts, medical physical exercise apparatus, incontinence sheets for babies, infants and children and adults, birthing mats, plastic and/or paper bags and wraps for disposal of hospital waste, disposable bags and precursors therefor for hospital waste, surgical and medical sponges, medical thermometers (electrical, and/or non-electrical, and/or digital), teething rings, teethers and teething rattles, pacifiers, baby soothers, nursing appliances for use in breast feeding, breast shields, breast shells, nipple shields, nipple protectors, medicine syringes, medicine dispensers, and nasal aspirators, apparatus for lighting, heating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, steam generation devices, apparatus and equipment, cookers and cooking appliances, stoves, cooker guards, ionisation, purifying and deodorising apparatus and machines, vaporisers, disinfectant distributors and dispensers for sanitary purposes, heaters for feeding bottles and heating plates, baby food heaters, solar collectors and thermoelectric heating and cooling devices, hot water bottles, foot warmers, cooling appliances and devices and installations, beverage and liquid cooling apparatus and devices, baths, shower baths, bath fittings, toilet seats and portable sanitary installations, sanitary apparatus and installations, toilet seat adaptors and toilet seat adaptors for children, steriliser and sterilisation apparatus and equipment, sterilisers for babies' feeding bottles, disposable sterilisation pouches, electric kettles, steam sterilisation devices, UV sterilisation devices, travel sterilising devices for babies' bottles and feeding equipment, water sterilizers, water purification installations, disinfecting apparatus, lights for babies, infants and children, car seats, pushchairs, prams, strollers, wheeled trolleys, transporters and buggies, baby walkers, perambulators incorporating carry cots, rain covers for pushchairs, prams, strollers, transporters and buggies, harnesses for prams, harnesses for use with pushchairs, tricycles, bicycles, booster seats, vehicle safety apparatus for children, paper, cardboard and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional and teaching material (except apparatus), plastic materials for packaging (not included in other classes), printers' type, printing blocks, paper, cardboard and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, paper products for household and sanitary use, such as kitchen and bath towels, kitchen rolls, napkins, handkerchiefs, toilet paper, paper wipes, paper towels, printed matter, including printed publications, magazines, brochures, leaflets, coupons and vouchers postcards, stationery, disposable nappies made of paper and/or cellulose, books for babies, infants and children, printed guides, printed guides relating to parenting and new born babies, packs containing printed matter relating to new born babies and parenting advice, leaflets, leaflets relating to new born babies and parenting advice, activity books, colouring books, books for babies, infants and children, sticker books, stickers, photograph albums, calendars, diaries, diaries relating to babies' progress, planners (printed) relating to babies and infants, birthing diaries (printed matter), birthing planners (printed matter), bags made of leather, bags made of imitation leather, nappy and changing bags, harnesses for babies, baby carriers, baby carriers worn on the body, infant carriers worn on the body, chairs, tables, mats for infant playpens, toy chests, decorative mobiles, pillows, desks, bedroom furniture, non-metal key rings, hand-held mirrors, wind chimes, high chairs, high chairs for babies, babies' cradles, children's cradles, bouncing cradles, cots, cots for use by children and infants, cribs, nursery cots, safety cots, travel cots, bedding for cots (other than bed linen), sleeping bags, sleeping bags for babies, expandable safety gates for door openings, expandable safety gates for stairs, support pillows for use in baby car safety seats, baby changing mats, brushes and combs (not included in other classes), cups, bowls, plates, tea sets, lunchboxes, plastic cups, plastic bowls, plastic plates, beakers, sippers, snack-pods, snack-pots, food-pots, egg-cups, thermally insulated containers for food, thermally insulated flasks, thermally insulated containers for drink, basins (bowels), dishes for microwave ovens, baby baths, portable baby baths for babies and infants, blenders for food preparation (non electric), bath seats for babies, potties and toilet potties, toilet seat trainers, brushes for cleaning bottles, textile gloves for cleaning, toothbrushes, toothbrush holders, hair brushes, nail brushes, wash bags, textiles for making clothing, duvets, table cloths, bed covers, duvet covers, pillow covers, bath linen, bed canopies, curtains, blankets, bed blankets made of cotton, bed blankets made of wool, bed blankets made of man-made fibres, blankets for babies, cot blankets, lap blankets, children's blankets, travel blankets, towel blankets, hooded towels, hooded towels for babies, face towels, children's towels, sleeping bags, sleeping bags for babies, clothing, footwear, headgear, baby grows, cloth bibs, dressing gowns, onesies, sleepsuits, bodysuits, rompers, pramsuits, mittens for babies, mittens for infants, hats for babies, hats for infants, booties, earmuffs, socks, play mats, exercise mats, yoga mats, games and playthings, gymnastic and sporting articles not included in other classes, children's toys, stuffed toy animals, soft toys, balloons, toy bakeware and cookware, bath toys, bean bags, snow globes, music box toys, dolls, porcelain dolls, bean bag dolls, paper dolls, puppets, collectible toy figures, doll houses, doll furniture, accessories for dolls, clothing for dolls, dolls for playing, educational playthings;

the bringing together, for the benefit of others, of fashion accessories, jewellery, horological goods, chronometric goods, carpets, rug, alcoholic beverages, hardware and metal goods, enabling customers to conveniently view and purchase those goods from a supermarket or hypermarket or mini-market or from a general merchandise catalogue by mail order, or by means of telecommunications or from a general merchandise Internet website; provision of information to customers and advice or assistance in the selection of goods brought together as above, advertising and promotional services, dissemination of advertising and promotional materials, direct mail advertising services, market research and marketing services, distribution of samples, shop window dressing, accounting commercial administration of the licensing of the goods and services of others, commercial information and advice for consumers (consumer advice shop), employment agencies; telephone answering for unavailable subscribers; payroll preparation; price comparison services; presentation of goods on communication media, for retail purposes; rental of advertising space; rental of photocopy and vending machines; business management; management of a retail store and or supermarket; cost price analysis; information, advisory and consultancy services relating to the aforesaid.

Class 41: Entertainment; sporting and cultural activities; amusement parks; amusements; arranging and conducting of concerts; arranging of beauty contests; booking of seats for shows; calligraphy services; casino facilities [gambling] (providing -); cinema presentations; circuses; club services [entertainment or education]; conducting fitness classes; disc jockey services; discotheque services; dubbing; electronic desktop publishing; entertainer services; entertainment information; fashion shows for entertainment purposes (organization of -); film production, other than advertising films; gambling; game services provided on-line from a computer network; games equipment rental; golf facilities (providing -); gymnastic instruction; health club services [health and fitness training]; holiday camp services [entertainment]; language interpreter services; layout services, other than for advertising purposes; live performances (presentation of -); microfilming; modelling for artists; movie studios; museum facilities (providing -) [presentation, exhibitions]; music composition services; music-halls; news reporters services; night clubs; operating lotteries; orchestra services; organization of balls; organization of competitions [education or entertainment]; organization of exhibitions for cultural or educational purposes; organization of shows [impresario services]; organization of sports competitions; party planning [entertainment]; personal trainer services [fitness training]; photographic reporting; photography production of music; production of radio and television programmes; production of shows; providing amusement arcade services; providing karaoke services; providing on-line electronic publications, not downloadable; providing sports facilities; publication of books; publication of electronic books and journals on-line; publication of texts, other than publicity texts; radio entertainment; recording studio services; recreation facilities (providing -); recreation information; rental of audio equipment; rental of camcorders; rental of cine-films; rental of lighting apparatus for theatrical sets or television studios; rental of movie projectors and accessories; rental of radio and television sets; rental of show scenery; rental of skin diving equipment; rental of sound recordings; rental of sports equipment, except vehicles; rental of sports grounds; rental of stadium facilities; rental of stage scenery; rental of tennis courts; rental of video cassette recorders; rental of videotapes; scriptwriting services; sign language interpretation; sport camp services; subtitling; television entertainment; theatre productions; ticket agency services [entertainment]; timing of sports events; toy rental; translation; videotape editing; videotape film production; videotaping; writing of texts, other than publicity texts; zoological garden services; education services relating to health; provision of training in the field of health care and nutrition; provision of training in the field of pregnancy and baby care; information, advisory and consultancy services relating to the aforesaid, information advisory and consultancy services relating to academies [education]; animal training; arranging and conducting of colloquiums; arranging and conducting of conferences; arranging and conducting of congresses; arranging and conducting of seminars; arranging and conducting of symposiums; arranging and conducting of workshops [training]; boarding schools; bookmobile services; coaching [training]; correspondence courses; education information; educational examination; lending libraries; nursery schools; physical education; practical training [demonstration]; religious education; tuition; vocational guidance [education or training advice]; vocational retraining.

Class 44: Animal breeding; farming equipment rental; flower arranging; landscape design; psychologist (services of a -); rental of sanitation facilities; tattooing; tree surgery; wreath making; information, advisory and consultancy services relating to the aforesaid.

2. Community trade mark application No 011467909 is rejected for all the above-mentioned goods and services. It may proceed for the remaining goods and services, namely:

Class 5: Semen for artificial insemination.

Class 28: Fairground ride apparatus, parts and fittings for all the aforesaid goods.

3. Each party bears its own costs.

REASONS:

The opponent filed an opposition against all the goods and services of Community trade mark application No 011467909. The opposition is based on, inter alia, international trade mark registration No 979 365, designating the European Union. The opponent invoked Article 8(1)(b) CTMR.

On 01/09/2014 the Opposition Division rendered a decision which resulted in the partial rejection of the opposition on the grounds that there was no likelihood of confusion for the dissimilar contested goods and services.

The decision was appealed and the Board of Appeal decided in case R 2793/2014‑5 on 05/01/2016. The Board’s decision annulled the contested decision and remitted the case to the Opposition Division for further prosecution. The Board firstly noted that the contested decision was extremely lengthy as it involved a very long list of goods and services. The Board considered that the outcome with regard to Class 35 did not follow the same order in which the services are listed nor the order in which they are compared. It criticized that it was not easy to identify the services for which the opposition was allowed and for which contested decision was rejected. Consequently, the Board found the contested decision to be in breach of Article 75 CTMR.

LIKELIHOOD OF CONFUSION – ARTICLE 8(1)(b) CTMR

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. For reasons of procedural economy, the Opposition Division will first examine the opposition in relation to earlier international trade mark No 979 365.

The goods and services

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

Class 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, body care preparations, cosmetics, hair lotions; dentifrices; moist tissues, cotton buds; oils and lotions, creams, powders, skin care tissues, bath preparations, not for medical purposes, shampoos, sun protection preparations, the aforementioned goods in particular for babies, infants, pregnant women and mothers; shampoos.

Class 5: Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; dietetic foods for health care on the basis of vitamins, minerals, trace elements, either alone or in combination; vitamin preparations; medical teas; medical herb infusions; plasters, materials for dressings; disinfectants; preparations for destroying vermin; breast-nursing pads; creams, powders, skin care tissues, sun protection preparations, bath preparations, the aforementioned goods for medical purposes, and in particular for babies, infants, pregnant women and mothers; baby milk.

Class 8: Hand tools and implements (hand-operated); forged knives, forks and spoons; cutlery, in particular for children, also of plastic material; baby nail scissors (electric or non-electric); sensor spoons.

Class 9: Photographic, cinematographic, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; baby phones; magnetic data carriers, data processing equipment and computers; bath thermometers; sun shades, electrical socket covers, child protection belts.

Class 10: Surgical, medical, dental apparatus and instruments, orthopaedic articles; baby bottles; drinking bottles for infants and babies; bottle nipples; biting rings for teething relief; pacifiers for infants; biting rings; milk pumps; hot and cold compresses; thermometers for medical purposes; cushions with heat reservoir, for medical purposes; inhalers; pacifier chains.

Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; baby bottle warmers (electric); hot-water bottles; slumber lighting lamps; night lights; vaporizers; child toilet seats (WC); toilet tops (WC); transportable child toilet bowls (WC); cushions with heat reservoir, not for medical purposes.

Class 12: Vehicles; apparatus for locomotion by land, air or water; prams; rain protection apparatus for prams; tarpaulins for prams; safety child seats for vehicles; shopping nets for prams; reflectors for prams.

Class 15: Musical boxes.

Class 16: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; picture books; photographs; stationery; baby diaper-pants, baby diapers, disposable bibs, all the aforementioned goods of paper or cellulose; napkins; moist toilet tissues.

Class 18: Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; child carrying bags; rucksacks, bags, as far as comprised in this class; diaper bags; children's harness.

Class 21: Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes; plates, warming plates (as insulation receptacles for food), spout cups; baby bathtubs (portable); baby bottle warmers (not electric); bottle and nipple brushes; toothbrushes; hair brushes; bed cover holders; bottle holders; provision boxes; refrigerator boxes; warming containers (insulating containers).

Class 24: Textiles and textile goods, not included in other classes; bed and table covers; crawling blankets; quilts, bed covers, counterpanes for beds; protective covers for child seats, towels; washcloths; sleeping bags; mosquito nets; moist toilet disposable washcloths, baby carrying cloths; oil cloths, moist washcloths.

Class 25: Clothing, footwear, headgear; baby diaper-pants (clothing); baby diapers of textile material; baby undergarments; baby clothes; rain capes; neck scarves; brassieres; breast feeding brassieres; inner soles for shoes; bibs, not of paper.

Class 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; safety pins; hair ribbons, hair grips, hair clasps, hair ornaments.

Class 28: Games and playthings; gymnastic and sporting articles; physical training articles for babies, baby bouncers, babies' rattles, gripping rings, mobiles, sand playthings, all goods not contained in other classes and in particular for babies and infants; scooters (children's vehicles); key holders being playthings for babies and little children.

Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; long-life milk, follow-up milk; edible oils and fats; dietetic foods or food supplements, not for medical purposes, on the basis of proteins, fats, fatty acids, with the addition of vitamins, minerals and trace elements, either alone or in combination, as far as comprised in this class.

Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; milk pudding; herb teas, not medical; dextrose; dietetic foods or food supplements, not for medical purposes, on the basis of carbohydrates, fibre, with the addition of vitamins, minerals, trace elements, either alone or in combination, as far as comprised in this class.

Class 32: Mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

The contested goods and services are the following:

Class 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; abrasive cloth; abrasive paper; abrasives; adhesives for affixing false hair; adhesives for cosmetic purposes; after-shave lotions; air fragrancing preparations; alkali (volatile -) [ammonia] detergent; almond milk for cosmetic purposes; almond oil; almond soap; aloe vera preparations for cosmetic purposes; alum stones [astringents]; amber [perfume]; antiperspirant soap; antiperspirants [toiletries]; antistatic preparations for household purposes; aromatics [essential oils]; astringents for cosmetic purposes; badian essence; balms other than for medical purposes; bath salts, not for medical purposes; baths (cosmetic preparations for -); beard dyes; beauty masks; bergamot oil; bleaching preparations [decolorants] for cosmetic purposes; bleaching salts; bleaching soda; bluing for laundry; breath freshening sprays; breath freshening strips; cakes of toilet soap; canned pressurized air for cleaning and dusting purposes; carbides of metal [abrasives]; cedarwood (essential oils of -); citron (essential oils of -); cleaning chalk; cleaning preparations; cleansing milk for toilet purposes; cloths impregnated with a detergent for cleaning; cobblers' wax; color-removing preparations; colorants for toilet purposes; colour-brightening chemicals for household purposes [laundry]; corundum [abrasive]; cosmetic kits; cosmetic preparations for slimming purposes; cosmetics; cosmetics for animals; cotton sticks for cosmetic purposes; cotton wool for cosmetic purposes; creams (cosmetic -); creams for leather; degreasers other than for use in manufacturing processes; dental bleaching gels; dentifrices; denture polishes; dentures (preparations for cleaning -); deodorant soap; deodorants for human beings or for animals; deodorants for pets; depilatories; detergents other than for use in manufacturing operations and for medical purposes; diamantine [abrasive]; disinfectant soap; douching preparations for personal sanitary or deodorant purposes [toiletries]; dry-cleaning preparations; dry shampoos; drying agents for dishwashing machines; dyes (cosmetic -); eau de cologne; emery; emery cloth; emery paper; ethereal essences; ethereal oils; extracts of flowers [perfumes]; eyebrow cosmetics; eyebrow pencils; eyelashes (adhesives for affixing false -); eyelashes (cosmetic preparations for -); eyelashes (false -); fabric softeners for laundry use; false nails; flavourings for beverages [essential oils]; flavourings for cakes [essential oils]; floor wax removers [scouring preparations]; flower perfumes (bases for -); fumigation preparations [perfumes]; furbishing preparations; gaultheria oil; geraniol; glass cloth; glass paper; greases for cosmetic purposes; hair dyes; hair lotions; hair spray; hair waving preparations; heliotropine; hydrogen peroxide for cosmetic purposes; incense; ionone [perfumery]; jasmine oil; javelle water; jewellers' rouge; joss sticks; lacquer-removing preparations; laundry bleach; laundry blueing; laundry glaze; laundry soaking preparations; laundry wax; lavender oil; lavender water; leather bleaching preparations; lip glosses; lipsticks; lotions for cosmetic purposes; make-up; make-up powder; make-up preparations; make-up removing preparations; mascara; massage gels other than for medical purposes; medicated soap; mint essence [essential oil]; mint for perfumery; moustache wax; mouth washes, not for medical purposes; musk [perfumery]; nail art stickers; nail care preparations; nail polish; neutralizers for permanent waving; non-slipping liquids for floors; non-slipping wax for floors; oil of turpentine for degreasing; oils for cleaning purposes; oils for cosmetic purposes; oils for perfumes and scents; oils for toilet purposes; paint stripping preparations; parquet floor wax; pastes for razor strops; pencils (cosmetic -); perfumery; perfumes; petroleum jelly for cosmetic purposes; polish for furniture and flooring; polishing creams; polishing paper; polishing preparations; polishing stones; polishing wax; pomades for cosmetic purposes; potpourris [fragrances]; preservatives for leather [polishes]; pumice stone; quillaia bark for washing; rose oil; rust removing preparations; sachets for perfuming linen; safrol; scale removing preparations for household purposes; scented water; scented wood; scouring solutions; shampoos; shampoos for pets; sharpening preparations; shaving preparations; shaving soap; shaving stones [astringents]; shining preparations [polish]; shiny (preparations to make the leaves of plants -); shoe cream; shoe wax; shoemakers' wax; silicon carbide [abrasive]; skin care (cosmetic preparations for -); skin whitening creams; smoothing preparations [starching]; smoothing stones; soap; soap for brightening textile; soap for foot perspiration; soda lye; stain removers; starch for laundry purposes; starch glaze for laundry purposes; sun-tanning preparations [cosmetics]; sunscreen preparations; tailors' wax; talcum powder, for toilet use; terpenes [essential oils]; tissues impregnated with cosmetic lotions; toilet water; toiletries; transfers (decorative -) for cosmetic purposes; tripoli stone for polishing; turpentine, for degreasing; unblocking drain pipes (preparations for -); varnish-removing preparations; volcanic ash for cleaning; wallpaper cleaning preparations; washing preparations; washing soda, for cleaning; wax (depilatory -); whiting; windshield cleaning liquids; deodorants for personal use; preparations for the hair and for the care of the skin (non-medicated); toiletries for babies and infants (non-medicated); non-medicated creams for the prevention and treatment of nappy rash; petroleum jelly (for cosmetic purposes); pre-impregnated wipes and towels with personal cleansing and/or cosmetic lotions; pre-impregnated wipes and towels for the treatment and prevention of nappy rash; pre-impregnated wipes and towels for hygienic purposes (personal use); hygienic wipes and towels for cleaning purposes (household use); skin creams; skin balms; body lotions; body oils; body butters; baby lotion; baby oil; nipple creams and balms; lotions, creams and gels for treatment of stretch marks; moisturising gels; soaps; bar soaps; liquid soaps; shampoo; hair conditioner; all in one bath and hair cleansers; bath and shower gels and foams; talcum powder; liquid talc; baby massage oil; sunscreen; sun protection oils, lotions, creams and gels; after-sun oils, lotions, creams and gels; toothpaste; mouthwash; cosmetic products; lip balms; cotton sticks; cotton wool; medicated soaps; medicated shampoo; medicated hair conditioner; baby wipes.

Class 5: Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; absorbent wadding; acaricides; acetates for pharmaceutical purposes; acids for pharmaceutical purposes; aconitine; adhesive bands for medical purposes; adhesives for dentures; adjuvants for medical purposes; air deodorising preparations; air purifying preparations; albumin dietary supplements; albuminous foodstuffs for medical purposes; albuminous preparations for medical purposes; alcohol for pharmaceutical purposes; aldehydes for pharmaceutical purposes; algicides; alginate dietary supplements; alginates for pharmaceutical purposes; alkaline iodides for pharmaceutical purposes; alkaloids for medical purposes; alloys of precious metals for dental purposes; aloe vera preparations for pharmaceutical purposes; aluminium acetate for pharmaceutical purposes; amino acids for medical purposes; amino acids for veterinary purposes; anaesthetics; analgesics; angostura bark for medical purposes; animal washes; anthelmintics; anti-rheumatism bracelets; anti-rheumatism rings; anti-uric preparations; antibiotics; anticryptogamic preparations; antioxidant pills; antiparasitic collars for animals; antiparasitic preparations; antiseptic cotton; antiseptics; appetite suppressant pills; appetite suppressants for medical purposes; aseptic cotton; asthmatic tea; babies' napkin-pants [diaper-pants]; bacterial poisons; bacterial preparations for medical and veterinary use; bacteriological preparations for medical and veterinary use; balms for medical purposes; balsamic preparations for medical purposes; bandages for dressings; barks for pharmaceutical purposes; bath preparations, medicated; bath salts for medical purposes; bath (therapeutic preparations for the -); belts for sanitary napkins [towels]; bicarbonate of soda for pharmaceutical purposes; biocides; biological preparations for medical purposes; biological preparations for veterinary purposes; biological tissue cultures for medical purposes; biological tissue cultures for veterinary purposes; bismuth preparations for pharmaceutical purposes; bismuth subnitrate for pharmaceutical purposes; blood for medical purposes; blood plasma; bone cement for surgical and orthopaedic purposes; bouillons for bacteriological cultures; bracelets for medical purposes; breast-nursing pads; bromine for pharmaceutical purposes; bronchodilating preparations; bunion pads; burns (preparations for the treatment of -); by-products of the processing of cereals for dietetic or medical purposes; cachou for pharmaceutical purposes; callouses (preparations for -); calomel; camphor for medical purposes; camphor oil for medical purposes; candy for medical purposes; capsules for medicines; capsules for pharmaceutical purposes; carbolineum [parasiticide]; casein dietary supplements; castor oil for medical purposes; cattle washes; caustic pencils; caustics for pharmaceutical purposes; cedar wood for use as an insect repellent; cellulose esters for pharmaceutical purposes; cellulose ethers for pharmaceutical purposes; cement for animal hooves; charcoal for pharmaceutical purposes; chemical conductors for electrocardiograph electrodes; chemical preparations for medical purposes; chemical preparations for pharmaceutical purposes; chemical preparations for veterinary purposes; chemical reagents for medical or veterinary purposes; chemico-pharmaceutical preparations; chewing gum for medical purposes; chilblain preparations; chinoline for medical purposes; chloroform; cocaine; cod liver oil; collodion for pharmaceutical purposes; collyrium; compresses; condurango bark for medical purposes; confectionery, medicated; constipation (medicines for alleviating -); contact lens cleaning preparations; contraceptives (chemical -); cooling sprays for medical purposes; corn remedies; corn rings for the feet; cotton for medical purposes; cream of tartar for pharmaceutical purposes; creosote for pharmaceutical purposes; croton bark; cultures of microorganisms for medical and veterinary use; curare; decoctions for pharmaceutical purposes; dental abrasives; dental amalgams; dental cements; dental impression materials; dental lacquer; dental mastics; deodorants for clothing and textiles; deodorants, other than for human beings or for animals; depuratives; detergents for medical purposes; diabetic bread adapted for medical use; diagnostic preparations for medical purposes; diastase for medical purposes; dietary supplements for animals; dietetic beverages adapted for medical purposes; dietetic foods adapted for medical purposes; dietetic substances adapted for medical use; digestives for pharmaceutical purposes; digitalin; dill oil for medical purposes; disinfectants for chemical toilets; disinfectants for hygiene purposes; dog lotions; dog washes; douching preparations for medical purposes; dressings, medical; drugs for medical purposes; dry rot fungus (preparations for destroying -); elixirs [pharmaceutical preparations]; enzyme dietary supplements; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; enzymes for medical purposes; enzymes for veterinary purposes; ergot for pharmaceutical purposes; esters for pharmaceutical purposes; ethers for pharmaceutical purposes; eucalyptol for pharmaceutical purposes; eucalyptus for pharmaceutical purposes; eye-washes; eyepatches for medical purposes; febrifuges; fennel for medical purposes; ferments for pharmaceutical purposes; fiber (dietary -); first-aid boxes, filled; fish meal for pharmaceutical purposes; flaxseed dietary supplements; flaxseed for pharmaceutical purposes; flaxseed meal for pharmaceutical purposes; flaxseed oil dietary supplements; flour for pharmaceutical purposes; flowers of sulphur for pharmaceutical purposes; fly catching adhesives; fly catching paper; fly destroying preparations; food for babies; formic aldehyde for pharmaceutical purposes; frostbite salve for pharmaceutical purposes; fumigating pastilles; fumigation preparations for medical purposes; fungicides; gallic acid for pharmaceutical purposes; gamboge for medical purposes; gases for medical purposes; gauze for dressings; gelatine for medical purposes; gentian for pharmaceutical purposes; germicides; glucose dietary supplements; glucose for medical purposes; glycerine for medical purposes; glycerophosphates; gold (dental amalgams of -); goulard water; greases for medical purposes; greases for veterinary purposes; guaiacol for pharmaceutical purposes; gum for medical purposes; gurjun [gurjon, gurjan] balsam for medical purposes; haematogen; haemoglobin; haemorrhoid preparations; haemostatic pencils; headache (articles for -); headache pencils; herbal teas for medicinal purposes; herbicides; hops (extracts of -) for pharmaceutical purposes; hormones for medical purposes; hydrastine; hydrastinine; hydrated chloral for pharmaceutical purposes; hydrogen peroxide for medical purposes; hygienic bandages; implants (surgical -) [living tissues]; insect repellent incense; insect repellents; insecticides; iodides for pharmaceutical purposes; iodine for pharmaceutical purposes; iodoform; irish moss for medical purposes; isotopes for medical purposes; jalap; jujube, medicated; lacteal flour for babies; larvae exterminating preparations; laxatives; lecithin dietary supplements; lecithin for medical purposes; leeches for medical purposes; lime (preparations of -) for pharmaceutical purposes; liniments; lint for medical purposes; liquorice for pharmaceutical purposes; lotions for pharmaceutical purposes; lotions for veterinary purposes; lupulin for pharmaceutical purposes; magnesia for pharmaceutical purposes; malt for pharmaceutical purposes; malted milk beverages for medical purposes; mangrove bark for pharmaceutical purposes; medicinal drinks; medicinal hair growth preparations; medicinal herbs; medicinal infusions; medicinal oils; medicinal roots; medicinal tea; medicine cases, portable, filled; medicines for dental purposes; medicines for human purposes; medicines for veterinary purposes; melissa water for pharmaceutical purposes; menstruation bandages; menstruation knickers; menstruation tampons; menthol; mercurial ointments; mice (preparations for destroying -); mildew (chemical preparations to treat -); milk ferments for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; milk sugar for pharmaceutical purposes; milking grease; mineral food supplements; mineral water salts; mineral waters for medical purposes; mint for pharmaceutical purposes; moleskin for medical purposes; mothproofing paper; mothproofing preparations; moulding wax for dentists; mouthwashes for medical purposes; mud for baths; mustard for pharmaceutical purposes; mustard oil for medical purposes; mustard poultices; myrobalan bark for pharmaceutical purposes; napkins (babies' -) [diapers]; napkins for incontinents; narcotics; nervines; nutritional supplements; nutritive substances for microorganisms; oil of turpentine for pharmaceutical purposes; ointments for pharmaceutical purposes; opiates; opium; opodeldoc; organotherapy preparations; oxygen baths; oxygen for medical purposes; pants, absorbent, for incontinents; panty liners [sanitary]; paper for mustard poultices; parasiticides; pastilles for pharmaceutical purposes; pearl powder for medical purposes; pectin for pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for pharmaceutical purposes; personal sexual lubricants; pesticides; petroleum jelly for medical purposes; pharmaceutical preparations; pharmaceutical preparations for treating dandruff; phenol for pharmaceutical purposes; phosphates for pharmaceutical purposes; phylloxera (chemical preparations for treating -); plasters for medical purposes; poisons; pollen dietary supplements; pomades for medical purposes; porcelain for dental prostheses; potassium salts for medical purposes; poultices; powder of cantharides; pregnancy (chemical preparations for the diagnosis of -); propolis dietary supplements; propolis for pharmaceutical purposes; protein dietary supplements; protein supplements for animals; purgatives; pyrethrum powder; quassia for medical purposes; quebracho for medical purposes; quinine for medical purposes; quinquina for medical purposes; radioactive substances for medical purposes; radiological contrast substances for medical purposes; radium for medical purposes; rat poison; reducing sexual activity (preparations for -); remedies for foot perspiration; remedies for perspiration; repellents for dogs; rhubarb roots for pharmaceutical purposes; royal jelly dietary supplements; royal jelly for pharmaceutical purposes; rubber for dental purposes; salts for medical purposes; salts for mineral water baths; sanitary napkins; sarsaparilla for medical purposes; scapulars for surgical purposes; sea water for medicinal bathing; sediment (medicinal -) [mud]; semen for artificial insemination; serotherapeutic medicines; serums; siccatives [drying agents] for medical purposes; skin care (pharmaceutical preparations for -); slimming pills; slimming purposes (medical preparations for -); slug exterminating preparations; smelling salts; smoking herbs for medical purposes; sodium salts for medical purposes; soil-sterilising preparations; solutions for contact lenses; solvents for removing adhesive plasters; soporifics; starch for dietetic or pharmaceutical purposes; stem cells for medical purposes; stem cells for veterinary purposes; sterilising preparations; steroids; stick liquorice for pharmaceutical purposes; sticking plasters; sticks (sulphur -) [disinfectants]; strychnine; styptic preparations; sugar for medical purposes; sulphonamides [medicines]; sunburn ointments; sunburn preparations for pharmaceutical purposes; suppositories; surgical dressings; surgical tissues; syrups for pharmaceutical purposes; tanning pills; tartar for pharmaceutical purposes; teeth filling material; teething (preparations to facilitate -); thermal water; thymol for pharmaceutical purposes; tincture of iodine; tinctures for medical purposes; tissues impregnated with pharmaceutical lotions; tobacco extracts [insecticides]; tobacco-free cigarettes for medical purposes; tonics [medicines]; trace elements (preparations of -) for human and animal use; tranquillizers; turpentine for pharmaceutical purposes; vaccines; vaginal washes; vermin destroying preparations; vesicants; veterinary preparations; vine disease treating chemicals; vitamin preparations; vulnerary sponges; wadding for medical purposes; wart pencils; wheat blight [smut] (chemical preparations to treat -); wheat germ dietary supplements; yeast dietary supplements; yeast for pharmaceutical purposes; feminine hygiene products; panty liners; sanitary towels; tampons; maternity towels; pants for feminine hygiene; sanitary briefs; incontinence pads; incontinence pants; nappies; disposable nappies; disposable nappies made of cellulose; disposable nappies made of paper; nappies for incontinents; cotton wool for pharmaceutical purposes; cotton wool in the form of buds for medical use; towels impregnated with medicated or disinfectant lotions; impregnated antiseptic wipes; impregnated medicated wipes; petroleum jelly (for medical purposes); skin care creams for medical use; medicated creams; babies' creams (medicated); medicated skin creams; nappy cream (medicated); sanitising wipes; moist wipes impregnated with a pharmaceutical lotion; antiseptic wipes; medicated balms; teething gel; medicated nipple creams; disposable nappies made of paper and/or cellulose.

Class 8: Hand tools and implements (hand-operated); cutlery; side arms; razors; hand tools and implements (hand-operated); cutlery; side arms; razors; abrading instruments [hand instruments]; adzes [tools]; agricultural implements, hand-operated; annular screw plates; augers [hand tools]; awls; axes; bayonets; beard clippers; bill-hooks; bits [hand tools]; bits [parts of hand tools]; blade sharpening instruments; blades for planes; blades [hand tools]; blades [weapons]; bludgeons; border shears; borers; bow saws; braiders [hand tools]; branding irons; breast drills; budding knives; bushhammers; can openers, non-electric; carpenters' augers; cattle marking tools; cattle shearers; cattle stunning appliances; caulking irons; centre punches [hand tools]; cheese slicers, non-electric; chisels; choppers [knives]; clamps for carpenters or coopers; cleavers; crimping irons; crow bars; curling tongs; cuticle nippers; cutlery; cutter bars; cutters; cutting bars; cutting tools [hand tools]; daggers; decanting liquids (implements for -) [hand tools]; depilation appliances, electric and non-electric; dies [hand tools]; diggers [hand tools]; ditchers [hand tools]; draw wires [hand tools]; drawing knives; drill holders [hand tools]; drills; ear-piercing apparatus; earth rammers [hand tools]; edge tools [hand tools]; egg slicers, non-electric; embossers [hand tools]; emery files; emery grinding wheels; engraving needles; expanders [hand tools]; extension pieces for braces for screwtaps; eyelash curlers; farriers' knives; files [tools]; fire irons; fireplace bellows [hand tools]; flat irons; forks; foundry ladles [hand tools]; frames for handsaws; fruit pickers [hand tools]; fullers [hand tools]; fulling tools [hand tools]; garden tools, hand-operated; gimlets [hand tools]; glaziers' diamonds [parts of hand tools]; glazing irons; goffering irons; gouges [hand tools]; grafting tools [hand tools]; graving tools [hand tools]; grindstones [hand tools]; guns, hand-operated, for the extrusion of mastics; guns [hand tools]; hackles [hand tools]; hainault scythes; hair clippers for animals [hand instruments]; hair clippers for personal use, electric and non-electric; hair curling (hand implements for -); hair-removing tweezers; hammers [hand tools]; hand drills [hand tools]; hand pumps; hand tools, hand-operated; harpoons; harpoons for fishing; hatchets; hoes [hand tools]; holing axes; hollowing bits [parts of hand tools]; hoop cutters [hand tools]; hunting knives; ice picks; insecticide sprayers [hand tools]; irons [non-electric hand tools]; jig-saws; knife steels; knives; knuckle dusters; ladles for wine; ladles [hand tools]; lasts [shoemakers' hand tools]; lawn clippers [hand instruments]; leather strops; levers; lifting jacks, hand-operated; machetes; mallets [hand instruments]; manicure sets; manicure sets, electric; marline spikes; masons' hammers; mattocks; meat choppers [hand tools]; milling cutters [hand tools]; mitre [miter (am.)] boxes hand tools; molding irons; money scoops; mortars for pounding; mortise chisels; nail buffers, electric or non-electric; nail clippers, electric or non-electric; nail drawers [hand tools]; nail extractors; nail files; nail files, electric; nail nippers; nail punches; needle files; numbering punches; nutcrackers; oyster openers; palette knives; paring irons [hand tools]; paring knives; pedicure sets; penknives; perforating tools [hand tools]; pestles for pounding; pickaxes; picks [hand tools]; pin punches; pizza cutters, non-electric; plane irons; planes; plant parasite killing apparatus; pliers; priming irons [hand tools]; pruning knives; pruning shears; punch pliers [hand tools]; punches [hand tools]; rabbeting planes; rakes [hand tools]; rams [hand tools]; rasps [hand tools]; ratchets [hand tools]; razor blades; razor cases; razor strops; razors, electric or non-electric; reamer sockets; reamers; riveters [hand tools]; riveting hammers [hand tools]; sabres; sand trap rakes; saw blades [parts of hand tools]; saw holders; saws [hand tools]; scaling knives; scissors; scrapers [hand tools]; scraping tools [hand tools]; screwdrivers; scythe rings; scythes; secateurs; sharpening instruments; sharpening stones; shaving cases; shear blades; shearers [hand instruments]; shears; shovels [hand tools]; sickles; side arms, other than firearms; silver plate [knives, forks and spoons]; skinning animals (instruments and tools for -); skinning butcher's animals (apparatus and instruments for -); slaughtering butchers' animals (apparatus and instruments for -); sledgehammers; spades [hand tools]; spanners [hand tools]; spatulas [hand tools]; spoons; squares [hand tools]; stamps [hand tools]; stone hammers; stropping instruments; sugar tongs; sword scabbards; swords; syringes for spraying insecticides; table forks; tableware [knives, forks and spoons]; tap wrenches; taps [hand tools]; tattooing (apparatus for -); thistle extirpators [hand tools]; threaders; tickets (instruments for punching -); tongs; tool belts [holders]; tree pruners; trowels; trowels [gardening]; tube cutters [hand tools]; tube cutting instruments; tweezers; vegetable choppers; vegetable knives; vices; weeding forks [hand tools]; whetstone holders; whetstones; wick trimmers [scissors]; wire stretchers [hand tools]; wire strippers [hand tools]; nail clippers; cutlery for use with babies, children and infants; forks; knives; spoons; cases for cutlery; disposable tableware (cutlery) made of plastics; soft-tip spoons for use with babies, infants and children; parts and fittings for all the aforesaid goods.

Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, dvds and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus; abacuses; accounting machines; accumulators, electric; acid hydrometers; acidimeters for batteries; acoustic conduits; acoustic couplers; actinometers; adding machines; aerials; aerometers; agendas (electronic -); air analysis apparatus; alarm bells, electric; alarms; alcoholmeters; alidades; altimeters; ammeters; amplifiers; amplifying tubes; anemometers; animated cartoons; anode batteries; anodes; answering machines; anti-glare glasses; anti-glare visors; anti-interference devices [electricity]; anti-theft warning apparatus; anticathodes; apertometers [optics]; armatures [electricity]; asbestos clothing for protection against fire; asbestos gloves for protection against accidents; asbestos screens for firemen; astronomy (apparatus and instruments for -); audiovisual teaching apparatus; automated teller machines [atm]; azimuth instruments; balances [steelyards]; balancing apparatus; bar code readers; barometers; batteries, electric; batteries, electric, for vehicles; batteries for lighting; battery boxes; battery chargers; battery jars; beacons, luminous; bells [warning devices]; betatrons; binoculars; blinkers [signalling lights]; blueprint apparatus; boiler control instruments; branch boxes [electricity]; breathing apparatus, except for artificial respiration; breathing apparatus for underwater swimming; buzzers; cabinets for loudspeakers; cables, electric; calculating disks; calculating machines; calibrating rings; calipers; camcorders; cameras [photography]; capacitors; capillary tubes; carpenters' rules; carriers for dark plates [photography]; cases especially made for photographic apparatus and instruments; cases fitted with dissecting instruments [microscopy]; cash registers; cassette players; cathodes; cathodic anti-corrosion apparatus; cell phone straps; centering apparatus for photographic transparencies; central processing units [processors]; chargers for electric batteries; chemistry apparatus and instruments; chips [integrated circuits]; choking coils [impedance]; chromatography apparatus for laboratory use; chronographs [time recording apparatus]; cinematographic cameras; cinematographic film, exposed; circuit breakers; circuit closers; cleaning apparatus for phonograph records; clinometers; clothing especially made for laboratories; clothing for protection against accidents, irradiation and fire; clothing for protection against fire; coaxial cables; coils, electric; coin-operated apparatus (mechanisms for -); coin-operated mechanisms for television sets; collectors, electric; commutation (electric apparatus for -); commutators; compact disc players; compact discs [audio-video]; compact discs [read-only memory]; comparators; compasses (directional -); compasses [measuring instruments]; computer game programs; computer keyboards; computer memory devices; computer operating programs, recorded; computer peripheral devices; computer programmes [programs], recorded; computer programs [downloadable software]; computer software, recorded; computers; conductors, electric; connections for electric lines; connectors [electricity]; contact lenses; contacts, electric; containers for contact lenses; containers for microscope slides; control panels [electricity]; converters, electric; copper wire, insulated; correcting lenses [optics]; cosmographic instruments; counter-operated apparatus (mechanisms for -); couplers [data processing equipment]; couplings, electric; covers for electric outlets; crash test dummies; cupels [laboratory]; current rectifiers; cyclotrons; darkroom lamps [photography]; darkrooms [photography]; data processing apparatus; decompression chambers; demagnetizing apparatus for magnetic tapes; densimeters; densitometers; detectors; diagnostic apparatus, not for medical purposes; diaphragms [acoustics]; diaphragms for scientific apparatus; diaphragms [photography]; dictating machines; diffraction apparatus [microscopy]; discharge tubes, electric, other than for lighting; disk drives for computers; disks, magnetic; distance measuring apparatus; distance recording apparatus; distillation apparatus for scientific purposes; distribution boards [electricity]; distribution boxes [electricity]; distribution consoles [electricity]; divers' masks; diving suits; DNA chips; dog whistles; dosimeters; downloadable image files; downloadable music files; downloadable ring tones for mobile phones; drainers for use in photography; dressmakers' measures; drying apparatus for photographic prints; drying racks [photography]; ducts [electricity]; DVD players; dynamometers; ear plugs for divers; editing appliances for cinematographic films; egg-candlers; electric door bells; electric installations for the remote control of industrial operations; electric loss indicators; electricity conduits; electricity mains (materials for -) [wires, cables]; electrified fences; electrified rails for mounting spot lights; electro-dynamic apparatus for the remote control of railway points; electro-dynamic apparatus for the remote control of signals; electrolysers; electromagnetic coils; electronic notice boards; electronic pens [visual display units]; electronic pocket translators; electronic publications, downloadable; electronic tags for goods; encoded identification bracelets, magnetic; encoded magnetic cards; enlarging apparatus [photography]; epidiascopes; ergometers; exposure meters [light meters]; extinguishers; eyeglass cases; eyeglass chains; eyeglass cords; eyeglass frames; eyepieces; eyepieces (instruments containing -); facsimile machines; false coin detectors; fermentation (apparatus for -) [laboratory apparatus]; fibre [fiber (am.)] optic cables; film cutting apparatus; films, exposed; filters for respiratory masks; filters for ultraviolet rays, for photography; filters [photography]; fire alarms; fire beaters; fire blankets; fire boats; fire engines; fire escapes; fire hose; fire hose nozzles; flash-bulbs [photography]; flashlights [photography]; floppy disks; fluorescent screens; fog signals, non-explosive; food analysis apparatus; frames for photographic transparencies; franking (apparatus to check -); frequency meters; furniture especially made for laboratories; fuse wire; fuses; galena crystals [detectors]; galvanic batteries; galvanic cells; galvanometers; garments for protection against fire; gas testing instruments; gasometers [measuring instruments]; gauges; glass covered with an electrical conductor; glazing apparatus for photographic prints; global positioning system [gps] apparatus; gloves for divers; gloves for protection against accidents; gloves for protection against x-rays for industrial purposes; goggles for sports; grids for batteries; hands free kits for phones; head cleaning tapes [recording]; headphones; heat regulating apparatus; heliographic apparatus; hemline markers; high-frequency apparatus; holders for electric coils; holograms; horns for loudspeakers; hourglasses; hydrometers; hygrometers; identification sheaths for electric wires; identification threads for electric wires; identity cards, magnetic; igniting apparatus, electric, for igniting at a distance; incubators for bacteria culture; inductors [electricity]; integrated circuit cards [smart cards]; integrated circuits; intercommunication apparatus; interfaces for computers; inverters [electricity]; invoicing machines; ionization apparatus not for the treatment of air or water; jigs [measuring instruments]; juke boxes for computers; juke boxes, musical; junction boxes [electricity]; junction sleeves for electric cables; knee-pads for workers; laboratory centrifuges; laboratory trays; lactodensimeters; lactometers; laptop computers; lasers, not for medical purposes; leather (appliances for measuring the thickness of -); lens hoods; lenses for astrophotography; letter scales; levelling instruments; levels [instruments for determining the horizontal]; life belts; life buoys; life jackets; life nets; life saving apparatus and equipment; life-saving rafts; light conducting filaments [optical fibers fibres]; light dimmers [regulators], electric; light-emitting diodes [led]; light-emitting electronic pointers; lighting ballasts; lightning arresters; limiters [electricity]; locks, electric; logs [measuring instruments]; loudspeakers; magic lanterns; magnetic data media; magnetic encoders; magnetic tape units for computers; magnetic tapes; magnetic wires; magnets; magnets (decorative -); magnifying glasses [optics]; manometers; marine compasses; marine depth finders; marking buoys; marking gauges [joinery]; masts for wireless aerials; material testing instruments and machines; mathematical instruments; measures; measuring apparatus; measuring devices, electric; measuring glassware; measuring instruments; measuring spoons; mechanical signs; megaphones; mercury levels; metal detectors for industrial or military purposes; meteorological balloons; meteorological instruments; meters; metronomes; micrometer screws for optical instruments; micrometers; microphones; microprocessors; microscopes; microtomes; milage recorders for vehicles; mirrors for inspecting work; mirrors [optics]; modems; money counting and sorting machines; monitoring apparatus, electric; monitors [computer hardware]; monitors [computer programs]; motor fire engines; mouse [data processing equipment]; mouse pads; nautical apparatus and instruments; naval signalling apparatus; navigation apparatus for vehicles [on-board computers]; navigational instruments; neon signs; nets for protection against accidents; nose clips for divers and swimmers; notebook computers; objectives [lenses] optics; observation instruments; octants; ohmmeters; optical apparatus and instruments; optical character readers; optical condensers; optical data media; optical discs; optical glass; optical goods; optical lamps; optical lenses; oscillographs; ovens for laboratory use; oxygen transvasing apparatus; ozonisers [ozonators]; parking meters; particle accelerators; pedometers; peepholes [magnifying lenses] for doors; periscopes; personal stereos; petrol gauges; phonograph records; photocopiers [photographic, electrostatic, thermic]; photometers; phototelegraphy apparatus; photovoltaic cells; physics (apparatus and instruments for -); pince-nez; pipettes; plane tables [surveying instruments]; planimeters; plates for batteries; plotters; plugs, sockets and other contacts [electric connections]; plumb bobs; plumb lines; pocket calculators; polarimeters; portable media players; portable telephones; precision balances; precision measuring apparatus; pressure indicator plugs for valves; pressure indicators; pressure measuring apparatus; printed circuit boards; printed circuits; printers for use with computers; prisms [optics]; probes for scientific purposes; projection apparatus; projection screens; protection devices against x-rays, not for medical purposes; protection devices for personal use against accidents; protective helmets; protective helmets for sports; protective masks; protective suits for aviators; protractors [measuring instruments]; punched card machines for offices; push buttons for bells; pyrometers; quantity indicators; radar apparatus; radio pagers; radiological apparatus for industrial purposes; radiology screens for industrial purposes; radios; radiotelegraphy sets; radiotelephony sets; railway traffic safety appliances; readers [data processing equipment]; receivers (audio-- and video- -); record player needles (apparatus for changing -); record players; reducers [electricity]; reflecting discs for wear, for the prevention of traffic accidents; refractometers; refractors; regulating apparatus, electric; relays, electric; remote control apparatus; resistances, electric; respirators for filtering air; respirators, other than for artificial respiration; resuscitation mannequins [teaching apparatus]; retorts; retorts' stands; revolution counters; rheostats; riding helmets; road signs, luminous or mechanical; rods for water diviners; rods [surveying instruments]; rulers [measuring instruments]; rules [measuring instruments]; saccharometers; safety restraints, other than for vehicle seats and sports equipment; safety tarpaulins; salinometers; satellite navigational apparatus; satellites for scientific purposes; scales; scanners [data processing equipment]; screens for photoengraving; screens [photography]; screw-tapping gauges; semi-conductors; sextants; sheaths for electric cables; shoes for protection against accidents, irradiation and fire; shutter releases [photography]; shutters [photography]; sighting telescopes for firearms; signal bells; signal lanterns; signalling buoys; signalling panels, luminous or mechanical; signalling whistles; signals, luminous or mechanical; signs, luminous; simulators for the steering and control of vehicles; sirens; skins (apparatus for measuring the thickness of -); slide calipers; slide projectors; slide-rules; slides [photography]; smoke detectors; socks, electrically heated; solar batteries; solderers' helmets; solenoid valves [electromagnetic switches]; sonars; sound alarms; sound locating instruments; sound recording apparatus; sound recording carriers; sound recording strips; sound reproduction apparatus; sound transmitting apparatus; sounding apparatus and machines; sounding leads; sounding lines; spark-guards; speaking tubes; spectacle cases; spectacle frames; spectacle glasses; spectacles [optics]; spectrograph apparatus; spectroscopes; speed checking apparatus for vehicles; speed indicators; speed measuring apparatus [photography]; speed regulators for record players; spherometers; spirit levels; spools [photography]; sprinkler systems for fire protection; stage lighting regulators; stands for photographic apparatus; starter cables for motors; steering apparatus, automatic, for vehicles; step-up transformers; stereoscopes; stereoscopic apparatus; stills for laboratory experiments; styli for record players; sulphitometers; sunglasses; surveying apparatus and instruments; surveying chains; surveying instruments; surveyors' levels; switchboards; switchboxes [electricity]; switches, electric; tachometers; tape recorders; taximeters; teaching apparatus; teeth protectors; telegraph wires; telegraphs [apparatus]; telemeters; telephone apparatus; telephone receivers; telephone transmitters; telephone wires; teleprinters; teleprompters; telerupters; telescopes; television apparatus; temperature indicators; terminals [electricity]; test tubes; testing apparatus not for medical purposes; theft prevention installations, electric; theodolites; thermionic tubes; thermometers, not for medical purposes; thermostats; thermostats for vehicles; ticket dispensers; time clocks [time recording devices]; time recording apparatus; time switches, automatic; tires (automatic indicators of low pressure in vehicle -); tone arms for record players; totalizators; traffic-light apparatus [signalling devices]; transformers [electricity]; transistors [electronic]; transmitters of electronic signals; transmitters [telecommunication]; transmitting sets [telecommunication]; transponders; triodes; tripods for cameras; urinometers; usb flash drives; vacuum gauges; vacuum tubes [radio]; variometers; vehicle breakdown warning triangles; vehicle radios; verniers; vests (am.) bullet-proof -; video cassettes; video game cartridges; video recorders; video screens; video telephones; videotapes; viewfinders, photographic; viscosimeters; voltage regulators for vehicles; voltage surge protectors; voltmeters; voting machines; wafers [silicon slices]; waling glasses; walkie-talkies; washing trays [photography]; water level indicators; wavemeters; weighbridges; weighing apparatus and instruments; weighing machines; weights; whistle alarms; wind socks for indicating wind direction; wire connectors [electricity]; wires, electric; word processors; workmen's protective face-shields; wrist rests for use with computers; x-ray apparatus not for medical purposes; x-ray films, exposed; x-ray photographs, other than for medical purposes; x-ray tubes not for medical purposes; x-rays producing apparatus and installations, not for medical purposes; recorded media including computer software; educational software; educational programmes; films; films bearing recorded educational material; DVDs, CD-ROMS; children's educational software; downloadable publications; downloadable electronic publications; baby monitors; thermometers; safety caps; safety covers for electrical equipment and apparatus; safety alarms; eyewear; protective eyewear, visors and hats; sunglasses; buoyancy aids; inflatable arm-bands being flotation devices; parts and fittings for the aforesaid goods.

Class 10: Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; Orthopaedic articles; Suture materials; abdominal belts; abdominal corsets; abdominal pads; acupuncture needles; aerosol dispensers for medical purposes; air cushions for medical purposes; air mattresses, for medical purposes; air pillows for medical purposes; ambulance stretchers; anaesthetic apparatus; anaesthetic masks; arch supports for footwear; armchairs for medical or dental purposes; arterial blood pressure measuring apparatus; artificial breasts; artificial eyes; artificial jaws; artificial limbs; artificial respiration (apparatus for -); artificial skin for surgical purposes; artificial teeth; babies' bottles; balling guns; bandages, elastic; bandages for joints, anatomical; basins for medical purposes; bed vibrators; beds, specially made for medical purposes; belts, electric, for medical purposes; belts for medical purposes; blankets, electric, for medical purposes; blood testing apparatus; body cavities (appliances for washing -); boots for medical purposes; bougies [surgery]; breast pumps; brushes for cleaning body cavities; burs (dental -); cannulae; cases fitted for medical instruments; cases fitted for use by surgeons and doctors; castrating pincers; catgut; catheters; cattle (obstetric apparatus for -); childbirth mattresses; clips, surgical; clothing especially for operating rooms; commode chairs; compresses (thermo-electric -) [surgery]; compressors [surgical]; condoms; containers especially made for medical waste; contraceptives, non-chemical; corn knives; corsets for medical purposes; crutches; cupping glasses; cushions for medical purposes; cutlery [surgical]; deafness (apparatus for the treatment of -); defibrillators; dental apparatus; dental apparatus, electric; dentists' armchairs; dentures; diagnostic apparatus for medical purposes; dialyzers; douche bags; drainage tubes for medical purposes; draw-sheets for sick beds; dropper bottles for medical purposes; droppers for medical purposes; ear picks; ear trumpets; elastic stockings for surgical purposes; electric acupuncture instruments; electrocardiographs; electrodes for medical use; enema apparatus for medical purposes; esthetic massage apparatus; feeding bottle teats; feeding bottle valves; filters for ultraviolet rays, for medical purposes; finger guards for medical purposes; footwear (orthopaedic [orthopaedic] -); forceps; fumigation apparatus for medical purposes; furniture especially made for medical purposes; galvanic belts for medical purposes; galvanic therapeutic appliances; gastroscopes; gloves for massage; gloves for medical purposes; hair prostheses; hearing aids for the deaf; hearing protectors; heart pacemakers; heating cushions [pads], electric, for medical purposes; hematimeters; hernia bandages; hot air therapeutic apparatus; hot air vibrators for medical purposes; hydrostatic beds for medical purposes; hygienic basins; hypodermic syringes; hypogastric belts; ice bags for medical purposes; incontinence sheets; incubators for babies; incubators for medical purposes; inhalers; injectors for medical purposes; instrument cases for use by surgeons and doctors; insufflators; invalids' hoists; knee bandages, orthopaedic; knives for surgical purposes; lamps for medical purposes; lancets; lasers for medical purposes; love dolls [sex dolls]; masks for use by medical personnel; massage apparatus; maternity belts; medical apparatus and instruments; medical guidewires; microdermabrasion apparatus; mirrors for dentists; mirrors for surgeons; needles for medical purposes; nursing appliances; obstetric apparatus; operating tables; ophthalmometers; opthalmoscopes; orthodontic appliances; orthopaedic belts; orthopaedic soles; orthopedic articles; pacifiers for babies; pessaries; physical exercise apparatus, for medical purposes; physiotherapy apparatus; pins for artificial teeth; plaster bandages for orthopaedic purposes [casts (am.)]; plugs (ear -) [ear protection devices]; probes for medical purposes; prostheses (intraocular -) [lenses] for surgical implantation; protection devices against x-rays, for medical purposes; pulse meters; pumps for medical purposes; quartz lamps for medical purposes; radiological apparatus for medical purposes; radiology screens for medical purposes; radiotherapy apparatus; radium tubes for medical purposes; receptacles for applying medicines; rehabilitation apparatus (body -) for medical purposes; respirators for artificial respiration; resuscitation apparatus; saws for surgical purposes; scalpels; scissors for surgery; slings [supporting bandages]; soporific pillows for insomnia; sores (pads [pouches] for preventing pressure -) on patient bodies; spirometers [medical apparatus]; spittoons for medical purposes; splints, surgical; sponges (surgical -); spoons for administering medicine; stents; sterile sheets, surgical; stethoscopes; stockings for varices; strait jackets; stretchers, wheeled; supports for flat feet; surgical apparatus and instruments; surgical drapes; surgical implants [artificial materials]; suspensory bandages; suture materials; suture needles; syringes for injections; syringes for medical purposes; teething rings; testing apparatus for medical purposes; thermal packs for first aid purposes; thermometers for medical purposes; thread, surgical; tips for crutches for invalids; tongue scrapers; traction apparatus for medical purposes; trocars; ultraviolet ray lamps for medical purposes; umbilical belts; urethral probes; urethral syringes; urinals [vessels]; urological apparatus and instruments; uterine syringes; vaginal syringes; vaporizers for medical purposes; veterinary apparatus and instruments; vibromassage apparatus; water bags for medical purposes; x-ray apparatus for medical purposes; x-ray photographs for medical purposes; x-ray tubes for medical purposes; x-rays (apparatus and installations for the production of -), for medical purposes; feeding bottles; feeding bottle teats; teats for babies, infants and children; re-usable and disposable teats for bottles and drinking cups for babies, infants and children; spoons for administering medicine; incubators for babies; gloves for medical purposes; maternity belts; medical physical exercise apparatus; incontinence sheets for babies, infants and children and adults; surgical and medical sponges; medical thermometers (electrical, and/or non-electrical, and/or digital); teething rings; teethers and teething rattles; pacifiers; baby soothers; breast pumps for use by nursing mothers; breast shields; breast shells; nipple shields; nipple protectors; medicine syringes; medicine dispensers; and nasal aspirators; parts and fittings for the all the aforesaid goods.

Class 11: Apparatus for lighting, heating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; acetylene burners; acetylene flares; acetylene generators; air conditioners for vehicles; air conditioning apparatus; air conditioning installations; air cooling apparatus; air deodorising apparatus; air driers [dryers]; air filtering installations; air purifying apparatus and machines; air reheaters; air sterilisers; air valves for steam heating installations; alcohol burners; anti-splash tap nozzles; aquarium filtration apparatus; aquarium heaters; aquarium lights; arc lamps; ash conveyor installations, automatic; ash pits for furnaces; automobiles (anti-dazzle devices for -) [lamp fittings]; bakers' ovens; barbecues; bath fittings; bath linings; bath plumbing fixtures; bath tubs; bath tubs for sitz baths; baths (spa -) [vessels]; bedwarmers; beverage cooling apparatus; bicycle lights; bidets; blankets, electric, not for medical purposes; boiler pipes [tubes] for heating installations; boilers, other than parts of machines; brackets for gas burners; bread baking machines; bread-making machines; burners; burners for lamps; carbon for arc lamps; ceiling lights; central heating radiators; chambers (clean -) [sanitary installations]; chandeliers; chimney blowers; chimney flues; chromatography apparatus for industrial purposes; coffee filters, electric; coffee machines, electric; coffee percolators, electric; coffee roasters; coffee roasters; coils [parts of distilling, heating or cooling installations]; cookers; cooking apparatus and installations; cooking rings; cooking utensils, electric; coolers for furnaces; cooling appliances and installations; cooling installations and machines; cooling installations for liquids; cooling installations for tobacco; cooling installations for water; cubicles [enclosures (am.)] shower -; curling lamps; cycle lights; dampers [heating]; deep fryers, electric; defrosters for vehicles; dehydrating (apparatus for -) foodstuff organic materials; dental ovens; deodorising apparatus, not for personal use; desalination plants; desiccating apparatus; discharge tubes, electric, for lighting; disinfectant apparatus; disinfectant distributors for toilets; display cabinets (refrigerating -) [display cases]; disposable sterilization pouches; distillation apparatus; distillation columns; diving lights; drip irrigation emitters [irrigation fittings]; drying apparatus; drying apparatus and installations; drying apparatus for fodder and forage; electric appliances for making yogurt; electric lamps; electrically heated carpets; evaporators; expansion tanks for central heating installations; extractor hoods for kitchens; fairy lights for festive decoration; fans [air-conditioning]; fans (electric -) for personal use; fans [parts of air-conditioning installations]; feeding apparatus for heating boilers; filaments for electric lamps; filters for air conditioning; filters for drinking water; filters [parts of household or industrial installations]; fireplaces, domestic; fittings, shaped, for furnaces; flare stacks for use in the oil industry; flares; flues for heating boilers; flushing tanks; footmuffs, electrically heated; footwarmers, electric or non-electric; forges, portable; fountains; framework of metal for ovens; freezers; friction lighters for igniting gas; fruit roasters; fuel economisers; fumigation apparatus, not for medical purposes; furnace grates; furnaces, other than for laboratory use; gas boilers; gas burners; gas condensers, other than parts of machines; gas lamps; gas lighters; gas scrubbers [parts of gas installations]; gas scrubbing apparatus; germicidal burners; germicidal lamps for purifying air; glue-heating appliances; hair driers [dryers]; hand drying apparatus for washrooms; headlights for automobiles; hearths; heat accumulators; heat exchangers, not parts of machines; heat pumps; heat regenerators; heaters, electric, for feeding bottles; heaters for baths; heaters for heating irons; heaters for vehicles; heating apparatus; heating apparatus, electric; heating apparatus for defrosting windows of vehicles; heating apparatus for solid, liquid or gaseous fuels; heating boilers; heating elements; heating filaments, electric; heating installations; heating installations (hot water -); heating plates; hot air apparatus; hot air bath fittings; hot air ovens; hot plates; hot water bottles; humidifiers for central heating radiators; hydrants; hydromassage bath apparatus; ice chests; ice machines and apparatus; immersion heaters; incandescent burners; incinerators; ionization apparatus for the treatment of air or water; kettles, electric; kiln furniture [supports]; kilns; kitchen ranges [ovens]; laboratory burners; laboratory lamps; lamp casings; lamp chimneys; lamp glasses; lamp globes; lamp reflectors; lamp shades; lamps; lamps for directional signals of automobiles; lampshade holders; lanterns for lighting; laundry dryers, electric; laundry room boilers; lava rocks for use in barbecue grills; level controlling valves in tanks; light bulbs; light bulbs, electric; light bulbs for directional signals for vehicles; light diffusers; light-emitting diodes [led] lighting apparatus; lighters; lighting apparatus and installations; lighting apparatus for vehicles; lighting installations for air vehicles; lights, electric, for christmas trees; lights for automobiles; lights for vehicles; loading apparatus for furnaces; luminous house numbers; luminous tubes for lighting; magnesium filaments for lighting; malt roasters; microwave ovens [cooking apparatus]; microwave ovens for industrial purposes; milk cooling installations; miners' lamps; mixer taps for water pipes; nuclear reactors; oil burners; oil lamps; oil-scrubbing apparatus; ornamental fountains; oven fittings made of fireclay; oxhydrogen burners; pads [cushions] (heating -), electric, not for medical purposes; pasteurisers; petrol burners; plate warmers; pocket torches, electric; pocket warmers; polymerisation installations; pressure cookers [autoclaves], electric; pressure cooking saucepans, electric; pressure water tanks; processing installations for fuel and nuclear moderating material; projector lamps; purification installations for sewage; radiator caps; radiators, electric; radiators [heating]; refining towers for distillation; refrigerating apparatus and machines; refrigerating appliances and installations; refrigerating cabinets; refrigerating chambers; refrigerating containers; refrigerators; regulating accessories for water or gas apparatus and pipes; regulating and safety accessories for gas pipes; regulating and safety accessories for gas apparatus; regulating and safety accessories for water apparatus; roasters; roasting apparatus; roasting jacks; roasting spits; rotisseries; safety accessories for water or gas apparatus and pipes; safety lamps; sanitary apparatus and installations; sauna bath installations; showers; sinks; sockets for electric lights; solar furnaces; solar thermal collectors [heating]; standard lamps; steam accumulators; steam boilers, other than parts of machines; steam facial apparatus [saunas]; steam generating installations; steamers (fabric -); sterilizers; stills; stoves; stoves [heating apparatus]; swimming pool chlorinating apparatus; tanning apparatus [sun beds]; taps [cocks, spigots] faucets (am.) for pipes; taps [faucets]; toasters; tobacco roasters; toilet bowls; toilet seats; toilets, portable; torches for lighting; turkish bath cabinets, portable; ultraviolet ray lamps, not for medical purposes; urinals [sanitary fixtures]; valves (thermostatic -) [parts of heating installations]; vehicle headlights; vehicle reflectors; vehicles (anti-dazzle devices for -) [lamp fittings]; ventilation [air-conditioning] installations and apparatus; ventilation [air-conditioning] installations for vehicles; ventilation hoods; ventilation hoods for laboratories; waffle irons, electric; warming pans; wash-hand basins [parts of sanitary installations]; washers for water taps; water closets; water conduits installations; water distribution installations; water filtering apparatus; water flushing installations; water heaters; water heaters [apparatus]; water intake apparatus; water-pipes for sanitary installations; water purification installations; water purifying apparatus and machines; water softening apparatus and installations; water sterilizers; water supply installations; watering installations, automatic; watering machines for agricultural purposes; whirlpool-jet apparatus; steam generation devices, apparatus and equipment; cookers and cooking appliances; stoves; cooker guards; ionisation, purifying and deodorising apparatus and machines; vaporisers; disinfectant distributors and dispensers for sanitary purposes; heaters for feeding bottles and heating plates; baby food heaters; solar collectors and thermoelectric heating and cooling devices; hot water bottles; foot warmers; cooling appliances and devices and installations; beverage and liquid cooling apparatus and devices; baths; shower baths; bath fittings; toilet seats and portable sanitary installations; sanitary apparatus and installations; toilet seat adaptors and toilet seat adaptors for children; steriliser and sterilisation apparatus and equipment; sterilisers for babies' feeding bottles; disposable sterilisation pouches; electric kettles; steam sterilisation devices; UV sterilisation devices; travel sterilising devices for babies' bottles and feeding equipment; water sterilizers; water purification installations; disinfecting apparatus; lights for babies, infants and children; parts and fittings for all the aforesaid goods.

Class 12: Vehicles; apparatus for locomotion by land, air or water; aerial conveyors; aeronautical apparatus, machines and appliances; aeroplanes; air bags [safety devices for automobiles]; air balloons; air cushion vehicles; air pumps [vehicle accessories]; air vehicles; aircraft; airships; ambulances; amphibious airplanes; anti-glare devices for vehicles; anti-skid chains; anti-theft alarms for vehicles; anti-theft devices for vehicles; automobile bodies; automobile chains; automobile chassis; automobile hoods; automobile tires [tyres]; automobiles; axle journals; axles for vehicles; balance weights for vehicle wheels; bands for wheel hubs; barges; baskets adapted for cycles; bicycle stands; boat hooks; boats; bodies for vehicles; bogies for railway cars; brake linings for vehicles; brake pads for automobiles; brake segments for vehicles; brake shoes for vehicles; brakes for vehicles; buffers for railway rolling stock; bumpers for automobiles; cable cars; cable transport apparatus and installations; caissons [vehicles]; caps for vehicle petrol [gas] tanks; caravans; carriages [railways]; carrier tricycles; cars; cars for cable transport installations; carts; casings for pneumatic tires [tyres]; casters for trolleys [vehicles] carts (am.); chairlifts; cigar lighters for automobiles; cleaning trolleys; cleats [nautical]; clutches for land vehicles; concrete mixing vehicles; connecting rods for land vehicles, other than parts of motors and engines; couplings for land vehicles; covers for vehicle steering wheels; crankcases for land vehicle components, other than for engines; cranks for cycles; cycle bells; cycle brakes; cycle cars; cycle chains; cycle frames; cycle handle bars; cycle hubs; cycle mudguards; cycle pumps; cycle rims; cycle saddles; cycle spokes; cycle stands; cycles; davits for boats; dining cars; dining cars [carriages]; direction indicators for bicycles; disengaging gear for boats; doors for vehicles; dredgers [boats]; dress guards for bicycles, cycles; driving chains for land vehicles; driving motors for land vehicles; ejector seats for aircraft; electric vehicles; fenders for ships; ferry boats; fork lift trucks; freewheels for land vehicles; funiculars; funnels for locomotives; funnels for ships; gear boxes for land vehicles; gearing for land vehicles; gears for cycles; golf carts; handling carts; head-rests for vehicle seats; headlight wipers; hoods for vehicle engines; hoods for vehicles; horns for vehicles; hose carts; hub caps; hubs for vehicle wheels; hydraulic circuits for vehicles; hydroplanes; inclined ways for boats; inner tubes (adhesive rubber patches for repairing -); inner tubes for bicycles, cycles; inner tubes for pneumatic tires [tyres]; jet engines for land vehicles; kick sledges; ladle cars; launches; locomotives; luggage carriers for vehicles; luggage nets for vehicles; masts for boats; military vehicles for transport; mine cart wheels; mopeds; motor buses; motor coaches; motor homes; motorcycles; motors, electric, for land vehicles; motors for cycles; motors for land vehicles; mudguards; oars; omnibuses; paddles for canoes; panniers adapted for cycles; parachutes; pedals for cycles; pontoons; portholes; propulsion mechanisms for land vehicles; pushchair covers; pushchair hoods; railway couplings; rearview mirrors; reduction gears for land vehicles; refrigerated vehicles; remote control vehicles, other than toys; repair outfits for inner tubes; reversing alarms for vehicles; rolling stock for funicular railways; rolling stock for railways; rowlocks; rudders; sack-barrows; saddle covers for bicycles or motorcycles; saddles for bicycles, cycles or motorcycles; safety belts for vehicle seats; safety seats for children, for vehicles; scooters [vehicles]; screw-propellers; screw-propellers for boats; screws [propellers] for ships; sculls; seaplanes; seat covers for vehicles; security harness for vehicle seats; ships; ships' hulls; ships' steering gears; shock absorbers for automobiles; shock absorbing springs for vehicles; shopping trolleys [carts (am.)]; side cars; ski carriers for cars; ski lifts; sleeping berths for vehicles; sleeping cars; sleighs [vehicles]; snowmobiles; space vehicles; spare tire covers; spars for ships; spoilers for vehicles; spoke clips for wheels; sports cars; sprinkling trucks; steering wheels for vehicles; strollers; studs for tires [tyres]; sun-blinds adapted for automobiles; suspension shock absorbers for vehicles; tailboard lifts [parts of land vehicles]; tilt trucks; tilting-carts; timbers [frames] for ships; tipping apparatus, parts of trucks and waggons; tipping bodies for lorries [trucks]; tires (flanges of railway wheel -); tires for bicycles, cycles; tires for vehicle wheels; tires (non-skid devices for vehicle -); tires, solid, for vehicle wheels; torque converters for land vehicles; torsion bars for vehicles; traction engines; tractors; trailer hitches for vehicles; trailers [vehicles]; tramcars; transmission chains for land vehicles; transmission shafts for land vehicles; transmissions, for land vehicles; treads for retreading tires [tyres]; treads for vehicles [roller belts]; tricycles; trolleys; trucks; tubeless tires [tyres] for bicycles, cycles; turbines for land vehicles; turn signals for vehicles; undercarriages for vehicles; upholstery for vehicles; valves for vehicle tires [tyres]; vans [vehicles]; vehicle bumpers; vehicle chassis; vehicle covers [shaped]; vehicle running boards; vehicle seats; vehicle suspension springs; vehicle wheel rims; vehicle wheel spokes; vehicle wheel tires [tyres]; vehicle wheels; vehicles for locomotion by land, air, water or rail; waggons; wagons (refrigerated -) [railroad vehicles]; water vehicles; wheelbarrows; wheelchairs; wheels for bicycles, cycles; windows for vehicles; windscreen wipers; windscreens; yachts; car seats; pushchairs; prams; strollers; wheeled trolleys; transporters and buggies; perambulators incorporating carry cots; rain covers for pushchairs, prams, strollers, transporters and buggies; harnesses for prams; harnesses for use with pushchairs; tricycles; bicycles; booster seats; vehicle safety apparatus for children; parts and fittings for all the aforesaid goods.

Class 16: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks; paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks; absorbent sheets of paper or plastic for foodstuff packaging; address plates for addressing machines; address stamps; addressing machines; adhesive bands for stationery or household purposes; adhesive tapes for stationery or household purposes; adhesives [glues] for stationery or household purposes; advertisement boards of paper or cardboard; almanacs; announcement cards [stationery]; aquarelles; architects' models; arithmetical tables; atlases; bags (conical paper -); bags [envelopes, pouches] of paper or plastics, for packaging; bags for microwave cooking; balls for ball-point pens; bibs of paper; binding strips [bookbinding]; biological samples for use in microscopy [teaching materials]; blackboards; blotters; blueprints; bookbinding apparatus and machines [office equipment]; bookbinding material; bookbindings; bookends; booklets; bookmarkers; books; bottle envelopes of cardboard or paper; bottle wrappers of cardboard or paper; boxes for pens; boxes of cardboard or paper; bubble packs (plastic -) for wrapping or packaging; calendars; canvas for painting; carbon paper; cardboard; cardboard articles; cardboard tubes; cards; catalogues; chalk for lithography; chalk holders; chaplets; charcoal pencils; chart pointers, non-electronic; checkbooks [cheque books] (holders for -); chromos; cigar bands; clipboards; cloth for bookbinding; coasters of paper; coffee filters (paper -); comic books; compasses for drawing; composing frames [printing]; copying paper [stationery]; cords for bookbinding; correcting fluids [office requisites]; correcting ink [heliography]; correcting tapes [office requisites]; covers of paper for flower pots; cream containers of paper; credit card imprinters, non-electric; decalcomanias; diagrams; dispensers (adhesive tape -) [office requisites]; document files [stationery]; document holders [stationery]; document laminators for office use; drawer liners of paper, perfumed or not; drawing boards; drawing instruments; drawing materials; drawing pads; drawing pens; drawing pins; drawing sets; drawing squares; drawing t-squares; duplicators; elastic bands for offices; electrocardiograph paper; electrotypes; embroidery designs [patterns]; engraving plates; engravings; envelope sealing machines, for offices; envelopes [stationery]; erasing products; erasing shields; etching needles; etchings; fabrics for bookbinding; face towels of paper; figurines [statuettes] of papier mâché; files [office requisites]; filter paper; filtering materials [paper]; finger-stalls [office requisites]; flags of paper; flyers; folders [stationery]; forms, printed; fountain pens; franking machines for office use; french curves; galley racks [printing]; garbage bags of paper or of plastics; geographical maps; gluten [glue] for stationery or household purposes; graining combs; graphic prints; graphic representations; graphic reproductions; greeting cards; gummed cloth for stationery purposes; gummed tape [stationery]; gums [adhesives] for stationery or household purposes; hand labelling appliances; hand-rests for painters; handbooks [manuals]; handkerchiefs of paper; handwriting specimens for copying; hat boxes of cardboard; hectographs; histological sections for teaching purposes; holders for stamps [seals]; house painters' rollers; humidity control sheets of paper or plastic for foodstuff packaging; hygienic paper; index cards [stationery]; indexes; indian inks; ink; ink sticks; ink stones [ink reservoirs]; inking pads; inking ribbons; inking ribbons for computer printers; inking sheets for document reproducing machines; inking sheets for duplicators; inkstands; inkwells; isinglass for stationery or household purposes; jackets for papers; labels, not of textile; ledgers [books]; letter trays; lithographic stones; lithographic works of art; lithographs; loose-leaf binders; luminous paper; magazines [periodicals]; manifolds [stationery]; marking chalk; marking pens [stationery]; mats for beer glasses; mimeograph apparatus and machines; modelling clay; modelling clays (moulds for -) [artists' materials]; modelling materials; modelling paste; modelling wax, not for dental purposes; moisteners for gummed surfaces [office requisites]; moisteners [office requisites]; money clips; musical greeting cards; newsletters; newspapers; nibs; nibs of gold; note books; numbering apparatus; numbers [type]; obliterating stamps; office perforators; office requisites, except furniture; oleographs; packaging material made of starches; pads [stationery]; paint boxes [articles for use in school]; paint trays; paintbrushes; painters' brushes; painters' easels; paintings [pictures], framed or unframed; palettes for painters; pamphlets; pantographs [drawing instruments]; paper; paper bows; paper clasps; paper-clips; paper for recording machines; paper knives [cutters] office requisites; paper ribbons; paper sheets [stationery]; paper shredders for office use; paper tapes and cards for the recordal of computer programmes; paperweights; papier mâché; parchment paper; passport holders; pastels [crayons]; pastes for stationery or household purposes; patterns for dressmaking; patterns for making clothes; pen clips; pen wipers; pencil holders; pencil lead holders; pencil leads; pencil sharpeners, electric or non-electric; pencil sharpening machines, electric or non-electric; pencils; penholders; pens [office requisites]; perforated cards for jacquard looms; periodicals; photo-engravings; photograph stands; photographs (apparatus for mounting -); photographs [printed]; pictures; placards of paper or cardboard; place mats of paper; plastic cling film, extensible, for palletization; plastic film for wrapping; plastics for modelling; portraits; postage stamps; postcards; posters; printed matter; printed publications; printed timetables; printers' blankets, not of textile; printers' reglets; printing blocks; printing sets, portable [office requisites]; printing type; prints [engravings]; prospectuses; punches [office requisites]; radiograms (paper for -); rollers for typewriters; rubber erasers; rulers (drawing -); saucers (watercolor [watercolour] -) for artists; school supplies [stationery]; scrapbooks; scrapers [erasers] for offices; sealing compounds for stationery purposes; sealing machines for offices; sealing stamps; sealing wafers; sealing wax; seals [stamps]; self-adhesive tapes for stationery or household purposes; sheets of reclaimed cellulose for wrapping; shields [paper seals]; signboards of paper or cardboard; silver paper; slate pencils; song books; spools for inking ribbons; square rulers; stamp pads; stamp stands; stamps [seals]; stamps [seals] (cases for -); stands for pens and pencils; staples for offices; stapling presses [office requisites]; starch paste [adhesive] for stationery or household purposes; stationery; stationery (cabinets for -) [office requisites]; steatite [tailor's chalk]; steel letters; steel pens; stencil cases; stencil plates; stencils; stencils [stationery]; stickers [stationery]; table linen of paper; table napkins of paper; tablecloths of paper; tablemats of paper; tags for index cards; tailors' chalk; teaching materials [except apparatus]; terrestrial globes; tickets; tissues of paper for removing make-up; towels of paper; tracing cloth; tracing needles for drawing purposes; tracing paper; tracing patterns; trading cards other than for games; transparencies [stationery]; trays for sorting and counting money; type [numerals and letters]; typewriter keys; typewriter ribbons; typewriters, electric or non-electric; vignetting apparatus; viscose sheets for wrapping; waxed paper; wood pulp board [stationery]; wood pulp paper; wrappers [stationery]; wrapping paper; wristbands for the retention of writing instruments; writing board erasers; writing brushes; writing cases [sets]; writing cases [stationery]; writing chalk; writing instruments; writing materials; writing or drawing books; writing paper; writing slates; writing tablets; xuan paper for chinese painting and calligraphy; paper products for household and sanitary use, namely kitchen and bath towels, kitchen rolls, napkins, handkerchiefs, toilet paper; paper wipes; paper towels; printed matter, including printed publications, magazines, brochures, leaflets, coupons and vouchers postcards; stationery; books for babies, infants and children; printed guides; printed guides relating to parenting and new born babies; packs containing printed matter relating to new born babies and parenting advice; leaflets; leaflets relating to new born babies and parenting advice; activity books; colouring books; books for babies, infants and children; sticker books; stickers; photograph albums; calendars; diaries; diaries relating to babies' progress; planners (printed) relating to babies and infants; birthing diaries (printed matter); birthing planners (printed matter); plastic and/or paper bags and wraps for disposal of hospital waste; disposable bags for hospital waste; parts and fittings for all the aforesaid goods.

Class 18: Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; alpenstocks; attaché cases; backpacks; bags for campers; bags for climbers; bags for sports; bandoliers; bands of leather; beach bags; bits for animals [harness]; blinders [harness]; boxes of leather or leather board; boxes of vulcanised fibre; bridles [harness]; bridoons; briefcases; butts [parts of hides]; canes; card cases [notecases]; cases, of leather or leatherboard; casings, of leather, for springs; cat o' nine tails; cattle skins; chain mesh purses; chamois leather, other than for cleaning purposes; chin straps, of leather; clothing for pets; collars for animals; coverings of skins [furs]; covers for horse-saddles; curried skins; fastenings for saddles; frames for umbrellas or parasols; fur; furniture coverings of leather; game bags [hunting accessories]; garment bags for travel; gold beaters' skin; gut for making sausages; halters; handbag frames; handbags; harness fittings; harness for animals; harness straps; hat boxes of leather; haversacks; horse blankets; horse collars; horseshoes; imitation leather; key cases; kid; knee-pads for horses; laces (leather -); leather leads; leather straps; leather twist; leather, unworked or semi-worked; leatherboard; moleskin [imitation of leather]; music cases; muzzles; net bags for shopping; nose bags [feed bags]; pads for horse saddles; parasols; pelts; pocket wallets; pouch baby carriers; pouches, of leather, for packaging; purses; reins; riding saddles; saddle trees; saddlery; school bags; shopping bags; sling bags for carrying infants; slings for carrying infants; stirrup leathers; stirrups; stirrups (parts of rubber for -); straps for skates; straps for soldiers' equipment; straps of leather [saddlery]; suitcase handles; suitcases; tool bags of leather, empty; traces [harness]; travelling bags; travelling sets [leatherware]; travelling trunks; trimmings of leather for furniture; trunks [luggage]; umbrella covers; umbrella handles; umbrella or parasol ribs; umbrella rings; umbrella sticks; umbrellas; valises; valves of leather; vanity cases, not fitted; walking cane handles; walking stick seats; wheeled shopping bags; whips; bags made of leather; bags made of imitation leather; nappy and changing bags; harnesses for babies; baby carriers; baby carriers worn on the body; infant carriers worn on the body; parts and fittings for all the aforesaid.

Class 20: Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics; air cushions, not for medical purposes; air mattresses, not for medical purposes; air pillows, not for medical purposes; ambroid bars; ambroid plates; animal hooves; animal horns; armchairs; baby changing mats; baby changing platforms; bakers' bread baskets; bamboo; bamboo curtains; barrels, not of metal; baskets, not of metal; bead curtains for decoration; bed casters, not of metal; bed fittings, not of metal; bedding, except linen; beds; beds for household pets; bedsteads of wood; beehives; benches [furniture]; bins, not of metal; bins of wood or plastic; birds (stuffed -); boarding stairs, not of metal, mobile, for passengers; bolsters; bolts (door -) not of metal; bolts, not of metal; book rests [furniture]; bottle caps, not of metal; bottle casings of wood; bottle closures, not of metal; bottle racks; broom handles, not of metal; brush mountings; bungs, not of metal; busts of wood, wax, plaster or plastic; cabinet work; cable clips, not of metal; cable or pipe clips of plastics; cards (plastic key -), not encoded; carts for computers [furniture]; cask hoops, not of metal; cask stands, not of metal; casks, not of metal; casks of wood for decanting wine; chests for toys; chests of drawers; chopping blocks [tables]; claws (animal -); closures, not of metal, for containers; clothes hooks, not of metal; coat hangers; coathooks, not of metal; coatstands; coffin fittings, not of metal; coffins; containers, not of metal, for liquid fuel; containers, not of metal [storage, transport]; coral; cork bands; corks; corks for bottles; corozo; costume stands; cots; counters [tables]; covers for clothing [wardrobe]; crates; cupboards; curtain holders, not of textile material; curtain hooks; curtain rails; curtain rings; curtain rods; curtain rollers; curtain tie-backs; cushions; deck chairs; decorations of plastic for foodstuffs; desks; desks (standing -); dinner wagons [furniture]; display boards; display stands; divans; dog kennels; door fittings, not of metal; door handles, not of metal; doors for furniture; dowels, not of metal; drain traps [valves] of plastic; draughtman's tables; dressing tables; easy chairs; edgings of plastic for furniture; embroidery frames; fans for personal use, non-electric; filing cabinets; fireguards; fishing baskets; flagpoles; floating containers, not of metal; flower-pot pedestals; flower-stands [furniture]; fodder racks; foundations for beehives; funerary urns; furniture; furniture casters, not of metal; furniture fittings, not of metal; furniture of metal; furniture partitions of wood; furniture shelves; garment covers [storage]; gun racks; hairdressers' chairs; hampers [baskets]; hand-held mirrors [toilet mirrors]; handling pallets, not of metal; hat stands; head-rests [furniture]; high chairs for babies; hinges, not of metal; honeycombs; horn, unworked or semi-worked; hospital beds; house numbers, not of metal, non-luminous; identification bracelets, not of metal, for hospitals; index cabinets [furniture]; indoor window blinds [shades] furniture; infant walkers; inflatable publicity objects; interior textile window blinds; ivory, unworked or semi-worked; kennels for household pets; keyboards for hanging keys; knife handles, not of metal; knobs, not of metal; ladders of wood or plastics; latches, not of metal; lecterns; letter boxes, not of metal or masonry; library shelves; loading gauge rods, not of metal, for railway waggons [wagons]; loading pallets, not of metal; lockers; locks, not of metal, for vehicles; locks, other than electric, not of metal; magazine racks; mannequins; massage tables; mats for infant playpens; mats, removable, for sinks; mattresses; meat chests, not of metal; medicine cabinets; meerschaum; mirror tiles; mirrors [looking glasses]; mobiles [decoration]; moldings for picture frames; mooring buoys, not of metal; mother-of-pearl, unworked or semi-worked; nameplates, not of metal; nesting boxes; nesting boxes for household pets; newspaper display stands; number plates, not of metal; nuts, not of metal; office furniture; oyster shells; packaging containers of plastic; paper blinds; pet cushions; picture frame brackets; picture frames; pillows; placards of wood or plastics; plaited straw, except matting; plate racks; playpens for babies; poles, not of metal; pulleys of plastics for blinds; racks [furniture]; rattan; reeds [plaiting materials]; reels, not of metal, non-mechanical, for flexible hoses; reels of wood for yarn, silk, cord; rivets, not of metal; saw horses; school furniture; scratching posts for cats; screens [furniture]; screws, not of metal; scythe handles, not of metal; seats; seats of metal; sections of wood for beehives; settees; shells; shelves for filing-cabinets [furniture]; shelves for storage; shoulder poles [yokes]; showcases [furniture]; sideboards; signboards of wood or plastics; silvered glass [mirrors]; slatted indoor blinds; sleeping bags for camping; sofas; spring mattresses; stag antlers; stair rods; stakes for plants or trees; stands for calculating machines; statues of wood, wax, plaster or plastic; statuettes of wood, wax, plaster or plastic; staves of wood; steps [ladders], not of metal; stools; stoppers, not of metal; straw edgings; straw mattresses; straw plaits; stuffed animals; table tops; tables; tables of metal; tanks, not of metal nor of masonry; taps for casks, not of metal; tea carts; tent pegs, not of metal; tool handles, not of metal; tortoiseshell; tortoiseshell imitation; towel closets [furniture]; towel dispensers, fixed, not of metal; transport pallets, not of metal; trays, not of metal; trestles [furniture]; trolleys [furniture]; troughs, not of metal, for mixing mortar; typing desks; umbrella stands; valves, not of metal, other than parts of machines; vats, not of metal; vice benches, not of metal; wall plugs, not of metal; washstands [furniture]; water beds, not for medical purposes; water-pipe valves of plastic; wax figures; waxcomb for beehives; whalebone, unworked or semi-worked; wickerwork; wind chimes [decoration]; winding spools, not of metal, non-mechanical, for flexible hoses; window fittings, not of metal; wood ribbon; work benches; works of art, of wood, wax, plaster or plastic; woven timber blinds [furniture]; writing desks; yellow amber; chairs; tables; mats for infant playpens; toy chests; decorative mobiles; pillows; desks; bedroom furniture; non-metal key rings; hand-held mirrors; wind chimes; high chairs; high chairs for babies; babies' cradles; children's cradles; bouncing cradles; cots; cots for use by children and infants; cribs; nursery cots; safety cots; travel cots; bedding for cots (other than bed linen); sleeping bags; sleeping bags for babies; expandable safety gates for door openings; expandable safety gates for stairs; support pillows for use in baby car safety seats; baby changing mats; changing mats; children's safety gates; baby walkers; parts and fittings for all the aforesaid goods.

Class 21: Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes; abrasive pads for kitchen purposes; abrasive sponges for scrubbing the skin; aerosol dispensers, not for medical purposes; aquarium hoods; attracting and killing insects (electric devices for -); autoclaves [pressure cookers], non-electric; baby baths, portable; basins [bowls]; basins [receptacles]; baskets for domestic use; basting spoons, for kitchen use; beaters, non-electric; beer mugs; beverages (heat insulated containers for -); bird baths; birdcages; blenders, non-electric, for household purposes; boot jacks; boot trees [stretchers]; bottle gourds; bottle openers; bottles; boxes of glass; boxes of metal, for dispensing paper towels; bread baskets, domestic; bread bins; bread boards; bristles (animal -) [brushware]; brooms; brush goods; brush-making (material for -); brushes; brushes (electric -), except parts of machines; brushes for cleaning tanks and containers; buckskin for cleaning; busts of china, terra-cotta or glass; butter-dish covers; butter dishes; buttonhooks; cabarets [trays]; cages for household pets; cake molds [moulds]; candle extinguishers; candle rings; candlesticks; candy boxes; carboys; carpet beaters [hand instruments]; carpet sweepers; cauldrons; ceramics for household purposes; chamber pots; cheese-dish covers; china ornaments; chopsticks; cinder sifters [household utensils]; cleaning instruments, hand-operated; cleaning tow; closures for pot lids; cloth for washing floors; clothes-pegs; clothes racks, for drying; clothing stretchers; coasters, not of paper and other than table linen; cocktail stirrers; coffee filters, non-electric; coffee grinders, hand-operated; coffee percolators, non-electric; coffee services [tableware]; coffeepots, non-electric; coldboxes (non-electric portable -); comb cases; combs; combs (electric -); combs for animals; combs for the hair (large-toothed -); confectioners' decorating bags [pastry bags]; containers for household or kitchen use; cookery molds [moulds]; cookie [biscuit] cutters; cookie jars; cooking pot sets; cooking pots; cooking skewers, of metal; cooking utensils, non-electric; corkscrews; cosmetic utensils; cotton waste for cleaning; crockery; cruets; crumb trays; crystal [glassware]; cups; cups of paper or plastic; currycombs; cutting boards for the kitchen; decanters; deep fryers, non-electric; deodorising apparatus for personal use; dish covers; dishes; dishwashing brushes; disposable table plates; drinking glasses; drinking straws; drinking troughs; drinking vessels; drying racks for washing; dustbins; dusting apparatus, non-electric; dusting cloths [rags]; egg cups; enamelled glass; epergnes; eyebrow brushes; fabrics (buckets made of woven -); feather-dusters; feeding troughs; fiberglass other than for insulation or textile use; fiberglass thread, not for textile use; flasks; flat-iron stands; floss for dental purposes; flower-pot covers, not of paper; flower pots; fly swatters; food cooling devices, containing heat exchange fluids, for household purposes; fruit cups; fruit presses, non-electric, for household purposes; frying pans; funnels; furniture dusters; fused silica [semi-worked product], other than for building; gardening gloves; garlic presses [kitchen utensils]; glass bowls; glass bulbs [receptacles]; glass caps; glass flasks [containers]; glass for vehicle windows [semi-finished product]; glass incorporating fine electrical conductors; glass jars [carboys]; glass [receptacles]; glass, unworked or semi-worked, except building glass; glass wool other than for insulation; glassware (painted -); glove stretchers; gloves for household purposes; glue-pots; graters [household utensils]; grill supports; grills [cooking utensils]; hair for brushes; heat-insulated containers; heaters for feeding bottles, non-electric; holders for flowers and plants [flower arranging]; horns (drinking -); horse brushes; hot pots, not electrically heated; ice pails; indoor aquaria; indoor terrariums [plant cultivation]; indoor terrariums [vivariums]; insect traps; ironing board covers, shaped; ironing boards; isothermic bags; jugs; kettles, non-electric; kitchen containers; kitchen mixers, non-electric; kitchen utensils; knife rests for the table; lamp-glass brushes; lazy susans; liqueur sets; lunch boxes; majolica; make-up removing appliances; mangers for animals; menu card holders; mess-tins; mills for domestic purposes, hand-operated; mixing spoons [kitchen utensils]; molds (ice cube -); molds [kitchen utensils]; mop wringers; mops; mosaics of glass, not for building; mouse traps; mugs; nail brushes; napkin holders; napkin rings; nest eggs, artificial; noodle machines, hand-operated; nozzles for sprinkler hose; oil cruets; opal glass; opaline glass; pails; paper plates; pastry cutters; pepper mills, hand-operated; pepper pots; perfume burners; perfume sprayers; picnic baskets (fitted -), including dishes; pie servers; pig bristles; piggy banks; plate glass [raw material]; plates to prevent milk boiling over; plungers for clearing blocked drains; polishing apparatus and machines, for household purposes, non-electric; polishing gloves; polishing leather; polishing materials for making shiny, except preparations, paper and stone; porcelain ware; pot lids; pots; pottery; poultry rings; powder compacts; powder puffs; powdered glass for decoration; rags for cleaning; rat traps; refrigerating bottles; rings for birds; rolling pins, domestic; roses for watering cans; salad bowls; salt cellars; saucepan scourers of metal; saucepans (earthenware -); saucers; scoops [tableware]; scouring pads; scrubbing brushes; services [dishes]; shakers; shaving brush stands; shaving brushes; shoe brushes; shoe horns; sieves [household utensils]; sifters [household utensils]; signboards of porcelain or glass; siphons for carbonated water; smoke absorbers for household purposes; soap boxes; soap dispensers; soap holders; soup bowls; spatulas [kitchen utensils]; spice sets; sponge holders; sponges for household purposes; spouts; sprinklers; statues of porcelain, earthenware, ceramic or glass; statuettes of porcelain, ceramic, earthenware or glass; steel wool for cleaning; stew-pans; strainers; strainers for household purposes; sugar bowls; syringes for watering flowers and plants; table plates; tableware, other than knives, forks and spoons; tankards; tar-brushes, long handled; tea balls; tea caddies; tea cosies; tea services [tableware]; tea strainers; teapots; thermally insulated containers for food; tie presses; toilet brushes; toilet cases; toilet paper dispensers; toilet paper holders; toilet sponges; toilet utensils; toothbrushes; toothbrushes, electric; toothpick holders; toothpicks; towel rails and rings; trays for domestic purposes; trays for domestic purposes, of paper; trays (litter -) for pets; trivets [table utensils]; trouser presses; urns; utensils for household purposes; vacuum bottles; vases; vegetable dishes; vessels of metal for making ices and iced drinks; vitreous silica fibers [fibres], not for textile use; waffle irons, non-electric; washing boards; washtubs; waste paper baskets; water apparatus for cleaning teeth and gums; watering cans; watering devices; wax-polishing (apparatus for -), non-electric; wax-polishing appliances, non-electric, for shoes; whisks, non-electric, for household purposes; window-boxes; wine tasters [siphons]; wool waste for cleaning; works of art, of porcelain, terra-cotta or glass; cups; bowls; plates; tea sets; lunchboxes; plastic cups; plastic bowls; plastic plates; beakers; sippers; snack-pods; snack-pots; food-pots; egg-cups; thermally insulated containers for food; thermally insulated flasks; thermally insulated containers for drink; basins (bowels); dishes for microwaveovens; baby baths; portable baby baths for babies and infants; blenders for food preparation (non electric); bath seats for babies; potties and toilet potties; toilet seat trainers; brushes for cleaning bottles; textile gloves for cleaning; toothbrushes; toothbrush holders; hair brushes; nail brushes; wash bags; parts and fittings for all the aforesaid goods.

Class 24: Textiles and textile goods, not included in other classes; bed covers; table covers; adhesive fabric for application by heat; banners; bath linen, except clothing; bed blankets; bed clothes; bed covers of paper; bed linen; billiard cloth; bolting cloth; brocades; buckram; bunting; calico; calico cloth (printed -); canvas for tapestry or embroidery; cheese cloth; chenille fabric; cheviots [cloth]; cloth; coasters [table linen]; cotton fabrics; covers for cushions; covers [loose] for furniture; crepe [fabric]; crepon; curtain holders of textile material; curtains of textile or plastic; damask; diapered linen; dimity; door curtains; drugget; eiderdowns [down coverlets]; elastic woven material; esparto fabric; fabric; fabric for footwear; fabric, impervious to gases, for aeronautical balloons; fabric of imitation animal skins; fabrics for textile use; face towels of textile; felt; fibreglass fabrics for textile use; filtering materials of textile; fitted toilet lid covers of fabric; flags, not of paper; flannel [fabric]; frieze [cloth]; furniture coverings of plastic; furniture coverings of textile; gauze [cloth]; glass cloths [towels]; gummed cloth, other than for stationery; haircloth [sackcloth]; handkerchiefs of textile; hat linings, of textile, in the piece; hemp cloth; hemp fabric; household linen; jersey [fabric]; jute fabric; knitted fabric; labels of cloth; linen cloth; lingerie fabric; lining fabric for shoes; linings [textile]; marabouts [cloth]; material (textile -); mattress covers; moleskin [fabric]; mosquito nets; napkins, of cloth, for removing make-up; net curtains; non-woven textile fabrics; oilcloth for use as tablecloths; pillow shams; pillowcases; place mats, not of paper; plastic material [substitute for fabrics]; printers' blankets of textile; quilts; ramie fabric; rayon fabric; sanitary flannel; serviettes of textile; sheets [textile]; shower curtains of textile or plastic; shrouds; silk [cloth]; silk fabrics for printing patterns; sleeping bags [sheeting]; table linen, not of paper; table runners; tablecloths, not of paper; tablemats, not of paper; taffeta [cloth]; tick [linen]; ticks [mattress covers]; towels of textile; traced cloths for embroidery; travelling rugs [lap robes]; trellis [cloth]; tulle; upholstery fabrics; velvet; wall hangings of textile; washing mitts; woollen cloth; zephyr [cloth]; textiles for making clothing; duvets; duvet covers; pillow covers; bath linen; bed canopies; curtains; blankets; bed blankets made of cotton; bed blankets made of wool; bed blankets made of man-made fibres; blankets for babies; cot blankets; lap blankets; children's blankets; travel blankets; towel blankets; hooded towels; hooded towels for babies; face towels; children's towels; sleeping bags for babies; parts and fittings for all the aforesaid goods.

Class 25: Clothing, footwear, headgear; aprons [clothing]; ascots; babies' pants [clothing]; bandanas [neckerchiefs]; bath robes; bath sandals; bath slippers; bathing caps; bathing trunks; beach clothes; beach shoes; belts [clothing]; berets; bibs, not of paper; boas [necklets]; bodices [lingerie]; boot uppers; boots; boots for sports; brassieres; breeches for wear; camisoles; cap peaks; caps [headwear]; chasubles; clothing; clothing for gymnastics; clothing of imitations of leather; clothing of leather; coats; collar protectors; combinations [clothing]; corselets; corsets [underclothing]; cuffs; cyclists' clothing; detachable collars; dress shields; dresses; dressing gowns; ear muffs [clothing]; esparto shoes or sandals; fishing vests; fittings of metal for footwear; football boots; footmuffs, not electrically heated; footwear; footwear uppers; fur stoles; furs [clothing]; gabardines [clothing]; gaiter straps; galoshes; garters; girdles; gloves [clothing]; gymnastic shoes; half-boots; hat frames [skeletons]; hats; headbands [clothing]; headgear for wear; heelpieces for footwear; heelpieces for stockings; heels; hoods [clothing]; hosiery; inner soles; jackets [clothing]; jerseys [clothing]; jumper dresses; knitwear [clothing]; lace boots; layettes [clothing]; leg warmers; leggings [trousers]; liveries; maniples; mantillas; masquerade costumes; miters [hats]; mittens; money belts [clothing]; motorists' clothing; muffs [clothing]; neckties; non-slipping devices for footwear; outerclothing; pants; paper clothing; paper hats [clothing]; parkas; pelerines; pelisses; petticoats; pocket squares; pockets for clothing; ponchos; pullovers; pyjamas; ready-made clothing; ready-made linings [parts of clothing]; sandals; saris; sarongs; sashes for wear; scarfs; shawls; shirt fronts; shirt yokes; shirts; shoes; short-sleeve shirts; shoulder wraps; shower caps; singlets; ski boots; ski gloves; skirts; skorts; skull caps; sleep masks; slippers; slips [undergarments]; smocks; sock suspenders; socks; soles for footwear; spats; sports shoes; stocking suspenders; stockings; stockings (sweat-absorbent -); studs for football boots; stuff jackets [clothing]; suits; suspenders; sweaters; swimsuits; teddies [undergarments]; tee-shirts; tights; tips for footwear; togas; top hats; topcoats; trousers; turbans; underpants; underwear; underwear (anti-sweat -); uniforms; veils [clothing]; vests; waterproof clothing; welts for footwear; wet suits for water-skiing; wimples; wooden shoes; baby grows; cloth bibs; dressing gowns; onesies; sleepsuits; bodysuits; rompers; pramsuits; mittens for babies; mittens for infants; hats for babies; hats for infants; booties; earmuffs; socks; parts and fittings for all the aforesaid.

Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile); artificial turf; automobile carpets; bath mats; carpet underlay; door mats; floor coverings; gymnasium mats; linoleum; mats; mats of woven rope for ski slopes; non-slip mats; reed mats; rugs; textile wallpaper; vinyl floor coverings; wall hangings, not of textile; wallpaper; play mats; exercise mats; yoga mats; birthing mats; parts and fittings for all the aforesaid.

Class 28: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees; air pistols [toys]; amusement machines, automatic and coin-operated; arcade video game machines; archery implements; ascenders [mountaineering equipment]; backgammon games; bags especially designed for skis and surfboards; bait (artificial fishing -); balls for games; bar-bells; baseball gloves; batting gloves [accessories for games]; bells for Christmas trees; billiard balls; billiard cue tips; billiard cues; billiard markers; billiard table cushions; billiard tables; bingo cards; bite indicators [fishing tackle]; bite sensors [fishing tackle]; bladders of balls for games; board games; bob-sleighs; body boards; body-building apparatus; bowling apparatus and machinery; bows for archery; boxing gloves; building blocks [toys]; building games; butterfly nets; camouflage screens [sports articles]; candle holders for Christmas trees; caps for pistols [toys]; chalk for billiard cues; checkerboards; checkers [games]; chess games; chessboards; chips for gambling; Christmas tree stands; Christmas trees of synthetic material; clay pigeon traps; clay pigeons [targets]; climbers' harness; coin-operated billiard tables; confetti; conjuring apparatus; cosaques [toy fireworks]; counters [discs] for games; creels [fishing traps]; cricket bags; cups for dice; darts; detonating caps [toys]; dice; discuses for sports; divot repair tools [golf accessories]; dolls; dolls' beds; dolls' clothes; dolls' feeding bottles; dolls' houses; dolls' rooms; dominoes; edges of skis; elbow guards [sports articles]; electronic targets; exercisers [expanders]; fairground ride apparatus; fencing gauntlets; fencing masks; fencing weapons; fish hooks; fishing tackle; flippers for swimming; floats for fishing; flying discs [toys]; games; games (apparatus for -); gaming machines for gambling; gloves for games; golf bags, with or without wheels; golf clubs; golf gloves; gut for fishing; gut for rackets; gymnastics (appliances for -); hang gliders; harness for sailboards; harpoon guns [sports articles]; hockey sticks; horseshoe games; hunting game calls; ice skates; in-line roller skates; jigsaw puzzles; kaleidoscopes; kite reels; kites; knee guards [sports articles]; landing nets for anglers; lines for fishing; lures for hunting or fishing; mah-jong; marbles for games; masts for sailboards; men's athletic supporters [sports articles]; mobiles [toys]; nets for sports; ninepins; novelties for parties, dances [party favors, favours]; ornaments for Christmas trees, except illumination articles and confectionery; pachinkos; paintball guns [sports apparatus]; paintballs [ammunition for paintball guns] sports apparatus; paper party hats; paragliders; parlor games; physical exercises (machines for -); piñatas; play balloons; playing balls; playing cards; plush toys; poles for pole vaulting; portable games with liquid crystal displays; practical jokes [novelties]; protective paddings [parts of sports suits]; punching bags; puppets; quoits; rackets; radio-controlled toy vehicles; rattles [playthings]; reels for fishing; ring games; rocking horses; rods for fishing; roller skates; rollers for stationary exercise bicycles; rosin used by athletes; roulette wheels; sailboards; scale model kits [toys]; scale model vehicles; scent lures for hunting or fishing; scooters [toys]; scrapers for skis; scratch cards for playing lottery games; seal skins [coverings for skis]; shin guards [sports articles]; shuttlecocks; skateboards; skating boots with skates attached; ski bindings; skis; skittles; sleighs [sports articles]; slides [playthings]; sling shots [sports articles]; slot machines [gaming machines]; snow for Christmas trees (artificial -); snow globes; snowboards; snowshoes; soap bubbles [toys]; sole coverings for skis; spinning tops [toys]; spring boards [sports articles]; starting blocks for sports; stationary exercise bicycles; strings for rackets; stuffed toys; surf boards; surf skis; surfboard leashes; swimming belts; swimming jackets; swimming kick boards; swimming pools [play articles]; swings; tables for indoor football; tables for table tennis; targets; teddy bears; tennis ball throwing apparatus; tennis nets; theatrical masks; toy masks; toy pistols; toy vehicles; toys; toys for domestic pets; trampolines; twirling batons; video game machines; water wings; waterskis; wax for skis; weight lifting belts [sports articles]; children's toys; stuffed toy animals; soft toys; balloons; toy bakeware and cookware; bath toys; bean bags; snow globes; music box toys; dolls; porcelain dolls; bean bag dolls; paper dolls; puppets; collectible toy figures; doll houses; doll furniture; accessories for dolls; clothing for dolls; dolls for playing; educational playthings; parts and fittings for all the aforesaid goods.

Class 35: Advertising; business management; business administration; office functions; accounting; accounts (drawing up of statements of -); administrative processing of purchase orders; advertising by mail order; arranging newspaper subscriptions for others; arranging subscriptions to telecommunication services for others; auctioneering; auditing; bill-posting; business appraisals; business consultancy (professional -); business information; business inquiries; business investigations; business management and organization consultancy; business management assistance; business management consultancy; business management of hotels; business management of performing artists; business management of sports people; business organization consultancy; business research; commercial administration of the licensing of the goods and services of others; commercial information agencies; commercial information and advice for consumers [consumer advice shop]; commercial or industrial management assistance; compilation of information into computer databases; compilation of statistics; cost price analysis; data search in computer files for others; demonstration of goods; direct mail advertising; dissemination of advertising matter; distribution of samples; document reproduction; economic forecasting; efficiency experts; employment agencies; fashion shows for promotional purposes (organization of -); file management (computerized -); import-export agencies; invoicing; layout services for advertising purposes; management (advisory services for business -); marketing; marketing research; marketing studies; modelling for advertising or sales promotion; news clipping services; office machines and equipment rental; on-line advertising on a computer network; opinion polling; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; outsourcing services [business assistance]; payroll preparation; personnel management consultancy; personnel recruitment; photocopying services; presentation of goods on communication media, for retail purposes; price comparison services; procurement services for others [purchasing goods and services for other businesses]; production of advertising films; psychological testing for the selection of personnel; public relations; publication of publicity texts; publicity; publicity agencies; publicity columns preparation; publicity material rental; radio advertising; relocation services for businesses; rental of advertising space; rental of advertising time on communication media; rental of photocopying machines; rental of vending machines; sales promotion for others; secretarial services; shop window dressing; shorthand; sponsorship search; systemization of information into computer databases; tax preparation; telemarketing services; telephone answering for unavailable subscribers; television advertising; transcription; typing; updating of advertising material; word processing; writing of publicity texts; retail and online services in connection with the sale of bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, abrasive cloth, preparations for the hair and for the care of the skin (non-medicated), toiletries for babies and infants (non-medicated), non-medicated creams for the prevention and treatment of nappy rash, petroleum jelly (for cosmetic purposes), pre-impregnated wipes and towels with personal cleansing and/or cosmetic lotions, pre-impregnated wipes and towels for the treatment and prevention of nappy rash, pre-impregnated wipes and towels for hygienic purposes (personal use), hygienic wipes and towels for cleaning purposes (household use), skin creams, skin balms, body lotions, body oils, body butters, baby lotion, baby oil, nipple creams and balms, lotions, creams and gels for treatment of stretch marks, moisturising gels, soaps, bar soaps, liquid soaps, shampoo, hair conditioner, all in one bath and hair cleansers, bath and shower gels and foams, talcum powder, liquid talc, baby massage oil, sunscreen, sun protection oils, lotions, creams and gels, after-sun oils, lotions, creams and gels, toothpaste, mouthwash, cosmetic products, lip balms, cotton sticks, cotton wool, medicated soaps, medicated shampoo, medicated hair conditioner, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for humans and animals, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, herbicides, feminine hygiene products, panty liners, sanitary towels, tampons, maternity towels, pants for feminine hygiene, sanitary briefs, incontinence pads, incontinence pants, nappies, disposable nappies, disposable nappies made of cellulose, disposable nappies made of paper, nappies for incontinents, cotton wool for pharmaceutical purposes, cotton wool in the form of buds for medical use, towels impregnated with medicated or disinfectant lotions, impregnated antiseptic wipes, impregnated medicated wipes, petroleum jelly (for medical purposes), skin care creams for medical use, medicated creams, babies' creams (medicated), medicated skin creams, nappy cream (medicated), sanitising wipes, moist wipes impregnated with a pharmaceutical lotion, antiseptic wipes, baby wipes, medicated balms, teething gel, medicated nipple creams, hand tools and implements (hand-operated), cutlery, side arms, razors, nail clippers, cutlery for use with babies, children and infants, forks, knives, spoons, cases for cutlery, disposable tableware (cutlery) made of plastics, soft-tip spoons for use with babies, infants and children, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment, computers, computer software, fire-extinguishing apparatus, recorded media including computer software, educational software, educational programmes, films, films bearing recorded educational material, DVDs, CD-ROMS, children's educational software, downloadable publications, downloadable electronic publications, baby monitors, thermometers, safety caps, safety covers for electrical equipment and apparatus, safety alarms, children's safety gates, eyewear, protective eyewear, visors and hats, sunglasses, buoyancy aids, inflatable arm-bands, surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth, Orthopaedic articles, suture materials, feeding bottles, feeding bottle teats, teats for babies, infants and children, re-usable and disposable teats for bottles and drinking cups for babies, infants and children, spoons for administering medicine, incubators for babies, gloves for medical purposes, maternity belts, medical physical exercise apparatus, incontinence sheets for babies, infants and children and adults, birthing mats, plastic and/or paper bags and wraps for disposal of hospital waste, disposable bags and precursors therefor for hospital waste, surgical and medical sponges, medical thermometers (electrical, and/or non-electrical, and/or digital), teething rings, teethers and teething rattles, pacifiers, baby soothers, nursing appliances for use in breast feeding, breast shields, breast shells, nipple shields, nipple protectors, medicine syringes, medicine dispensers, and nasal aspirators, apparatus for lighting, heating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, steam generation devices, apparatus and equipment, cookers and cooking appliances, stoves, cooker guards, ionisation, purifying and deodorising apparatus and machines, vaporisers, disinfectant distributors and dispensers for sanitary purposes, heaters for feeding bottles and heating plates, baby food heaters, solar collectors and thermoelectric heating and cooling devices, hot water bottles, foot warmers, cooling appliances and devices and installations, beverage and liquid cooling apparatus and devices, baths, shower baths, bath fittings, toilet seats and portable sanitary installations, sanitary apparatus and installations, toilet seat adaptors and toilet seat adaptors for children, steriliser and sterilisation apparatus and equipment, sterilisers for babies' feeding bottles, disposable sterilisation pouches, electric kettles, steam sterilisation devices, UV sterilisation devices, travel sterilising devices for babies' bottles and feeding equipment, water sterilizers, water purification installations, disinfecting apparatus, lights for babies, infants and children, car seats, pushchairs, prams, strollers, wheeled trolleys, transporters and buggies, baby walkers, perambulators incorporating carry cots, rain covers for pushchairs, prams, strollers, transporters and buggies, harnesses for prams, harnesses for use with pushchairs, tricycles, bicycles, booster seats, vehicle safety apparatus for children, paper, cardboard and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional and teaching material (except apparatus), plastic materials for packaging (not included in other classes), printers' type, printing blocks, paper, cardboard and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, paper products for household and sanitary use, such as kitchen and bath towels, kitchen rolls, napkins, handkerchiefs, toilet paper, paper wipes, paper towels, printed matter, including printed publications, magazines, brochures, leaflets, coupons and vouchers postcards, stationery, disposable nappies made of paper and/or cellulose, books for babies, infants and children, printed guides, printed guides relating to parenting and new born babies, packs containing printed matter relating to new born babies and parenting advice, leaflets, leaflets relating to new born babies and parenting advice, activity books, colouring books, books for babies, infants and children, sticker books, stickers, photograph albums, calendars, diaries, diaries relating to babies' progress, planners (printed) relating to babies and infants, birthing diaries (printed matter), birthing planners (printed matter), bags made of leather, bags made of imitation leather, nappy and changing bags, harnesses for babies, baby carriers, baby carriers worn on the body, infant carriers worn on the body, chairs, tables, mats for infant playpens, toy chests, decorative mobiles, pillows, desks, bedroom furniture, non-metal key rings, hand-held mirrors, wind chimes, high chairs, high chairs for babies, babies' cradles, children's cradles, bouncing cradles, cots, cots for use by children and infants, cribs, nursery cots, safety cots, travel cots, bedding for cots (other than bed linen), sleeping bags, sleeping bags for babies, expandable safety gates for door openings, expandable safety gates for stairs, support pillows for use in baby car safety seats, baby changing mats, brushes and combs (not included in other classes), cups, bowls, plates, tea sets, lunchboxes, plastic cups, plastic bowls, plastic plates, beakers, sippers, snack-pods, snack-pots, food-pots, egg-cups, thermally insulated containers for food, thermally insulated flasks, thermally insulated containers for drink, basins (bowels), dishes for microwave ovens, baby baths, portable baby baths for babies and infants, blenders for food preparation (non electric), bath seats for babies, potties and toilet potties, toilet seat trainers, brushes for cleaning bottles, textile gloves for cleaning, toothbrushes, toothbrush holders, hair brushes, nail brushes, wash bags, textiles for making clothing, duvets, table cloths, bed covers, duvet covers, pillow covers, bath linen, bed canopies, curtains, blankets, bed blankets made of cotton, bed blankets made of wool, bed blankets made of man-made fibres, blankets for babies, cot blankets, lap blankets, children's blankets, travel blankets, towel blankets, hooded towels, hooded towels for babies, face towels, children's towels, sleeping bags, sleeping bags for babies, clothing, footwear, headgear, baby grows, cloth bibs, dressing gowns, onesies, sleepsuits, bodysuits, rompers, pramsuits, mittens for babies, mittens for infants, hats for babies, hats for infants, booties, earmuffs, socks, play mats, exercise mats, yoga mats, games and playthings, gymnastic and sporting articles not included in other classes, children's toys, stuffed toy animals, soft toys, balloons, toy bakeware and cookware, bath toys, bean bags, snow globes, music box toys, dolls, porcelain dolls, bean bag dolls, paper dolls, puppets, collectible toy figures, doll houses, doll furniture, accessories for dolls, clothing for dolls, dolls for playing, educational playthings, parts and fittings for all the aforesaid goods; the bringing together, for the benefit of others, of a variety of clothing, footwear, headgear, fashion accessories, jewellery, horological goods, chronometric goods, paper goods, printed matter, leather goods, luggage, bags, travel goods, goods for carrying and transporting babies, infants and children, furniture, furnishings, textiles, carpets, rug, games, toys, games, playthings, sporting articles, foods and drink and other goods for human consumption or for making goods for human consumption, non-alcoholic beverages, alcoholic beverages, health and beauty articles, toiletries, cosmetics, baby articles, baby feeding apparatus and instruments, maternity apparatus and instruments, feminine hygiene products, cleaning articles, laundry articles, pharmacy goods, hardware and metal goods, machines and equipment for household use, cleaning apparatus, lighting apparatus and instruments, heating apparatus and instruments, cooking apparatus and instruments, refrigerating apparatus and instruments, kitchenware, hand tools, cutlery, photographic equipment, domestic electrical and electronic equipment including white goods, household goods, household containers and utensils, kitchenware, do-it-yourself equipment, gardening equipment, enabling customers to conveniently view and purchase those goods from a supermarket or hypermarket or mini-market or from a general merchandise catalogue by mail order, or by means of telecommunications or from a general merchandise Internet website; provision of information to customers and advice or assistance in the selection of goods brought together as above, advertising and promotional services, dissemination of advertising and promotional materials, direct mail advertising services, market research and marketing services, distribution of samples, shop window dressing, accounting commercial administration of the licensing of the goods and services of others, commercial information and advice for consumers (consumer advice shop), employment agencies; telephone answering for unavailable subscribers; payroll preparation; price comparison services; presentation of goods on communication media, for retail purposes; rental of advertising space; rental of photocopy and vending machines; business management; management of a retail store and or supermarket; cost price analysis; information, advisory and consultancy services relating to the aforesaid.

Class 41: Education; providing of training; entertainment; sporting and cultural activities; academies [education]; amusement parks; amusements; animal training; arranging and conducting of colloquiums; arranging and conducting of concerts; arranging and conducting of conferences; arranging and conducting of congresses; arranging and conducting of seminars; arranging and conducting of symposiums; arranging and conducting of workshops [training]; arranging of beauty contests; boarding schools; booking of seats for shows; bookmobile services; calligraphy services; casino facilities [gambling] (providing -); cinema presentations; circuses; club services [entertainment or education]; coaching [training]; conducting fitness classes; correspondence courses; disc jockey services; discotheque services; dubbing; education information; educational examination; electronic desktop publishing; entertainer services; entertainment information; fashion shows for entertainment purposes (organization of -); film production, other than advertising films; gambling; game services provided on-line from a computer network; games equipment rental; golf facilities (providing -); gymnastic instruction; health club services [health and fitness training]; holiday camp services [entertainment]; language interpreter services; layout services, other than for advertising purposes; lending libraries; live performances (presentation of -); microfilming; modelling for artists; movie studios; museum facilities (providing -) [presentation, exhibitions]; music composition services; music-halls; news reporters services; night clubs; nursery schools; operating lotteries; orchestra services; organization of balls; organization of competitions [education or entertainment]; organization of exhibitions for cultural or educational purposes; organization of shows [impresario services]; organization of sports competitions; party planning [entertainment]; personal trainer services [fitness training]; photographic reporting; photography; physical education; practical training [demonstration]; production of music; production of radio and television programmes; production of shows; providing amusement arcade services; providing karaoke services; providing on-line electronic publications, not downloadable; providing sports facilities; publication of books; publication of electronic books and journals on-line; publication of texts, other than publicity texts; radio entertainment; recording studio services; recreation facilities (providing -); recreation information; religious education; rental of audio equipment; rental of camcorders; rental of cine-films; rental of lighting apparatus for theatrical sets or television studios; rental of movie projectors and accessories; rental of radio and television sets; rental of show scenery; rental of skin diving equipment; rental of sound recordings; rental of sports equipment, except vehicles; rental of sports grounds; rental of stadium facilities; rental of stage scenery; rental of tennis courts; rental of video cassette recorders; rental of videotapes; scriptwriting services; sign language interpretation; sport camp services; subtitling; television entertainment; theatre productions; ticket agency services [entertainment]; timing of sports events; toy rental; translation; tuition; videotape editing; videotape film production; videotaping; vocational guidance [education or training advice]; vocational retraining; writing of texts, other than publicity texts; zoological garden services; education services relating to health; provision of training in the field of health care and nutrition; provision of training in the field of pregnancy and baby care; information, advisory and consultancy services relating to the aforesaid.

Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; aerial and surface spreading of fertilizers and other agricultural chemicals; animal breeding; animal grooming; aquaculture services; aromatherapy services; artificial insemination services; beauty salons; blood bank services; chiropractics; dentistry; farming equipment rental; flower arranging; gardening; hair implantation; hairdressing salons; health care; health centers; health spa services; horticulture; hospices; hospitals; in vitro fertilization services; landscape design; landscape gardening; lawn care; manicuring; massage; medical assistance; medical clinic services; medical equipment rental; midwife services; nursing homes; nursing, medical; opticians' services; pet grooming; pharmacists' services to make up prescriptions; pharmacy advice; physiotherapy; plant nurseries; plastic surgery; psychologist (services of a -); public baths for hygiene purposes; rehabilitation for substance abuse patients; rental of sanitation facilities; rest homes; sanatoriums; sauna services; solarium services; tattooing; telemedicine services; therapy services; tree planting for carbon offsetting purposes; tree surgery; turkish baths; vermin exterminating for agriculture, horticulture and forestry; veterinary assistance; visagists' services; weed killing; wreath making; advisory services relating to health; providing healthcare information relating to health, pregnancy and parenting; information, advisory and consultancy services relating to the aforesaid.

Before starting the comparison, it must be noted that the earlier international registration designating the European Union No 979 365 is registered for the entire class headings of Classes 3, 11, 12, 18, 20, 24, 25 of the Nice Classification. It was filed (registered) on 24/01/2008. According to Communication No 2/12 of the President of the Office of 20/06/2012, as regards Community trade marks filed before 21/06/2012, the Office considers that the intention of the applicant was to cover all the goods or services included in the alphabetical list of the classes concerned in the edition of the Nice Classification in force at the time when the filing was made, in this case the 9^th edition. This is also applicable to international registrations designating the European Union.

In the case of Classes 3, 11, 12, 18, 20, 24, 25, the Opposition Division has identified the following items in the alphabetical lists covered by the earlier international registration that do not fall within the natural and usual meaning of these general indications:

Class 3: Cobblers’ wax; shoemakers’ wax; tailors’ wax.

Class 11: Acetylene generators; atomic piles; chromatography apparatus for industrial purposes; flare stacks for use in the oil industry; friction lighters for igniting gas; fuel economisers; gas condensers, other than parts of machines; gas generators [installations]; gas lighters; gas scrubbing apparatus; level controlling valves in tanks; lighters; oil-scrubbing apparatus; polymerisation installations; processing installations for fuel and nuclear moderating material; refining towers for distillation; regulating and safety accessories for gas apparatus; regulating and safety accessories for gas pipes; scrubbers [parts of gas installations]; tanning apparatus [sun beds]; ultraviolet ray lamps, not for medical purposes.

Class 12: Air bags [safety devices for automobiles]; air pumps [vehicle accessories]; anti-glare devices for vehicles; anti-skid chains; anti-theft alarms for vehicles; anti-theft devices for vehicles; automobile bodies; automobile chains; automobile chassis; automobile hoods; automobile tires [tyres]; axle journals; axles for vehicles; balance weights for vehicle wheels; bands for wheel hubs; baskets adapted for cycles; bicycle stands; boat hooks; bodies for vehicles; bogies for railway cars; brake linings for vehicles; brake segments for vehicles; brake shoes for vehicles; brakes for vehicles; buffers for railway rolling stock; bumpers for automobiles; caps for vehicle petrol [gas] tanks; casings for pneumatic tires [tyres]; casters for trolleys [vehicles] [carts (Am.)]; cleats [nautical]; clutches for land vehicles; connecting rods for land vehicles, other than parts of motors and engines; couplings for land vehicles; covers for vehicle steering wheels; crankcases for land vehicle components, other than for engines; cranks for cycles; cycle bells; cycle brakes; cycle chains; cycle frames; cycle handle bars; cycle hubs; cycle mudguards; cycle pumps; cycle rims; cycle saddles; cycle spokes; cycle stands; davits for boats; direction indicators for bicycles; disengaging gear for boats; doors for vehicles; dress guards for bicycles, cycles; driving chains for land vehicles; driving motors for land vehicles; ejector seats for aircraft; fenders for ships; freewheels for land vehicles; funnels for locomotives; funnels for ships; gear boxes for land vehicles; gearing for land vehicles; gears for cycles; head-rests for vehicle seats; hoods for vehicle engines; hoods for vehicles; horns for vehicles; hub caps; hubs for vehicle wheels; hydraulic circuits for vehicles; inclined ways for boats; inner tubes (adhesive rubber patches for repairing -); inner tubes for bicycles, cycles; inner tubes for pneumatic tires [tyres]; jet engines for land vehicles; luggage carriers for vehicles; luggage nets for vehicles; masts for boats; mine cart wheels; motors, electric, for land vehicles; motors for cycles; motors for land vehicles; mudguards; oars; paddles for canoes; panniers adapted for cycles; pedals for cycles; portholes; propulsion mechanisms for land vehicles; pushchair covers; pushchair hoods; railway couplings; rearview mirrors; reduction gears for land vehicles; repair outfits for inner tubes; reversing alarms for vehicles; rowlocks; rudders; saddle covers for bicycles or motorcycles; saddles for bicycles, cycles or motorcycles; safety belts for vehicle seats; safety seats for children, for vehicles; screw-propellers; screw-propellers for boats; screws [propellers] for ships; sculls; seat covers for vehicles; security harness for vehicle seats; ships’ hulls; ships’ steering gears; shock absorbers for automobiles; shock absorbing springs for vehicles; ski carriers for cars; sleeping berths for vehicles; spars for ships; spoke clips for wheels; steering wheels for vehicles; studs for tires [tyres]; sun-blinds adapted for automobiles; suspension shock absorbers for vehicles; tailboard lifts [parts of land vehicles]; timbers [frames] for ships; tipping apparatus, parts of trucks and waggons; tipping bodies for lorries [trucks]; tires (flanges of railway wheel -); ties for bicycles, cycles; tires for vehicle wheels; tires (non-skid devices for vehicle -); tires, solid, for vehicle wheels; torque converters for land vehicles; torsion bars for vehicles; traction engines; trailer hitches for vehicles; transmission chains for land vehicles; transmission shafts for land vehicles; transmissions, for land vehicles; treads for retreading tires [tyres]; treads for vehicles [roller belts]; tubeless tires [tyres] for bicycles, cycles; turbines for land vehicles; turn signals for vehicles; undercarriages for vehicles; upholstery for vehicles; valves for vehicle tires [tyres]; vehicle bumpers; vehicle chassis; vehicle covers [shaped]; vehicle running boards; vehicle seats; vehicle suspension springs; vehicle wheel rims; vehicle wheel spokes; vehicle wheel tires [tyres]; vehicle wheels; wheels for bicycles, cycles; windows for vehicles; windscreen wipers; windscreens.

Class 18: Chain mesh purses; frames for umbrellas or parasols; handbag frames; horseshoes; net bags for shopping; nose bags [feed bags]; shopping bags; sling bags for carrying infants; slings for carrying infants; umbrella covers; umbrella handles; umbrella or parasol ribs; umbrella rings; umbrella sticks; walking cane handles; wheeled shopping bags.

Class 20: Birds (Stuffed -); stuffed animals.

Class 24: Curtains of plastic; furniture coverings of plastic; plastic material [substitute for fabrics]; shower curtains of plastic.

Class 25: Boot uppers; cuffs; fittings of metal for shoes and boots; footwear uppers; hat frames [skeletons]; heelpieces for boots and shoes; heelpieces for stockings; heels; inner soles; non-slipping devices for boots and shoes; ready-made linings [parts of clothing]; shirt yokes; soles for footwear; studs for football boots [shoes]; tips for footwear; welts for boots and shoes.

Therefore, as regards these classes, the contested goods and services will be compared with both the general indications, items specified and the items listed above.

Further, an interpretation of the wording of the list of goods is required to determine the scope of protection of these goods. The term in particular, used in the opponent’s list of goods, indicates that the specific goods 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 (on the use of ‘in particular’ see a reference in judgment of 09/04/2003, T‑224/01, ‘Nu‑Tride’).

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

Contested goods in Class 3

The contested goods in this class fall under one of the following categories: bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices, tailors’ and cobblers’ wax. They are identical to the opponent’s bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices and the items in the alphabetical list of Class 3 that do not fall within the natural and usual meaning of the general indications, listed above, either because they appear identically in both lists (including synonyms) or because the goods of the earlier right are included in or overlap with the contested goods or vice versa.

Contested goods in Class 5

The contested pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; disinfectants; preparations for destroying vermin are included in both specifications and are therefore identical.

The contested dietetic food adapted for medical or veterinary use dietetic substances adapted for veterinary use; dietary supplements for humans and animals overlap with or are covered by the opponent’s dietetic substances adapted for medical use, dietetic foods for health care on the basis of vitamins, minerals, trace elements, either alone or in combination. Therefore, they are identical.

The contested fungicides are antimycotics which have an application in the medical field. These are fungicidal pharmaceutical preparations. Therefore, it is impossible to filter these goods from the broad category of fungicides and pharmaceutical preparations. Since the Office cannot dissect ex officio the broad categories of the conflicting goods, they are considered identical.

The contested herbicides are chemical substances used to destroy or inhibit the growth of plants, especially weeds. Said products present a high degree of similarity to the opponent’s preparations for destroying vermin as they have the same purpose. They can coincide in producer, end user and distribution channels.

The contested material for stopping teeth, dental wax and the opponent’s pharmaceutical preparations are commonly sold through the same distribution channels and target the same public. Therefore, these goods under comparison are considered as similar to a low degree.

The following contested goods falling into the categories of pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use and dietary supplements for humans and animals, food for babies, plasters and materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin are identical to the opponent’s pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, dietetic foods for health care on the basis of vitamins, minerals, trace elements, either alone or in combination, food for babies; plasters, materials for dressings; disinfectants; preparations for destroying vermin because they are covered by or overlap with these opponent’s goods or they are similar, at least to a certain extent, to the above mentioned opponent’s goods because they target the same users some and are likely to be distributed through the same distribution channels, moreover, some of them may also share the same purpose and coincide in their producer:

absorbent wadding; acaricides; acetates for pharmaceutical purposes; acids for pharmaceutical purposes; aconitine; adhesive bands for medical purposes; adhesives for dentures; adjuvants for medical purposes; air deodorising preparations; air purifying preparations; albumin dietary supplements; albuminous foodstuffs for medical purposes; albuminous preparations for medical purposes; alcohol for pharmaceutical purposes; aldehydes for pharmaceutical purposes; algicides; alginate dietary supplements; alginates for pharmaceutical purposes; alkaline iodides for pharmaceutical purposes; alkaloids for medical purposes; alloys of precious metals for dental purposes; aloe vera preparations for pharmaceutical purposes; aluminium acetate for pharmaceutical purposes; amino acids for medical purposes; amino acids for veterinary purposes; anaesthetics; analgesics; angostura bark for medical purposes; animal washes; anthelmintics; anti-rheumatism bracelets; anti-rheumatism rings; anti-uric preparations; antibiotics; anticryptogamic preparations; antioxidant pills; antiparasitic collars for animals; antiparasitic preparations; antiseptic cotton; antiseptics; appetite suppressant pills; appetite suppressants for medical purposes; aseptic cotton; asthmatic tea; babies' napkin-pants [diaper-pants]; bacterial poisons; bacterial preparations for medical and veterinary use; bacteriological preparations for medical and veterinary use; balms for medical purposes; balsamic preparations for medical purposes; bandages for dressings; barks for pharmaceutical purposes; bath preparations, medicated; bath salts for medical purposes; bath (therapeutic preparations for the -); belts for sanitary napkins [towels]; bicarbonate of soda for pharmaceutical purposes; biocides; biological preparations for medical purposes; biological preparations for veterinary purposes; bismuth preparations for pharmaceutical purposes; bismuth subnitrate for pharmaceutical purposes; bone cement for surgical and orthopaedic purposes; bouillons for bacteriological cultures; bracelets for medical purposes; breast-nursing pads; bromine for pharmaceutical purposes; bronchodilating preparations; bunion pads; burns (preparations for the treatment of -); by-products of the processing of cereals for dietetic or medical purposes; cachou for pharmaceutical purposes; callouses (preparations for -); calomel; camphor for medical purposes; camphor oil for medical purposes; candy for medical purposes; capsules for medicines; capsules for pharmaceutical purposes; carbolineum [parasiticide]; casein dietary supplements; castor oil for medical purposes; cattle washes; caustic pencils; caustics for pharmaceutical purposes; cedar wood for use as an insect repellent; cellulose esters for pharmaceutical purposes; cellulose ethers for pharmaceutical purposes; cement for animal hooves; charcoal for pharmaceutical purposes; chemical conductors for electrocardiograph electrodes; chemical preparations for medical purposes; chemical preparations for pharmaceutical purposes; chemical preparations for veterinary purposes; chemical reagents for medical or veterinary purposes; chemico-pharmaceutical preparations; chewing gum for medical purposes; chilblain preparations; chinoline for medical purposes; chloroform; cocaine; cod liver oil; collodion for pharmaceutical purposes; collyrium; compresses; condurango bark for medical purposes; confectionery, medicated; constipation (medicines for alleviating -); contact lens cleaning preparations; contraceptives (chemical -); cooling sprays for medical purposes; corn remedies; corn rings for the feet; cotton for medical purposes; cream of tartar for pharmaceutical purposes; creosote for pharmaceutical purposes; croton bark; cultures of microorganisms for medical and veterinary use; curare; decoctions for pharmaceutical purposes; dental abrasives; dental amalgams; dental cements; dental impression materials; dental lacquer; dental mastics; deodorants for clothing and textiles; deodorants, other than for human beings or for animals; depuratives; detergents for medical purposes; diabetic bread adapted for medical use; diagnostic preparations for medical purposes; diastase for medical purposes; dietary supplements for animals; dietetic beverages adapted for medical purposes; dietetic foods adapted for medical purposes; dietetic substances adapted for medical use; digestives for pharmaceutical purposes; digitalin; dill oil for medical purposes; disinfectants for chemical toilets; disinfectants for hygiene purposes; dog lotions; dog washes; douching preparations for medical purposes; dressings, medical; drugs for medical purposes; dry rot fungus (preparations for destroying -); elixirs [pharmaceutical preparations]; enzyme dietary supplements; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; enzymes for medical purposes; enzymes for veterinary purposes; ergot for pharmaceutical purposes; esters for pharmaceutical purposes; ethers for pharmaceutical purposes; eucalyptol for pharmaceutical purposes; eucalyptus for pharmaceutical purposes; eye-washes; eyepatches for medical purposes; febrifuges; fennel for medical purposes; ferments for pharmaceutical purposes; fiber (dietary -); first-aid boxes, filled; fish meal for pharmaceutical purposes; flaxseed dietary supplements; flaxseed for pharmaceutical purposes; flaxseed meal for pharmaceutical purposes; flaxseed oil dietary supplements; flour for pharmaceutical purposes; flowers of sulphur for pharmaceutical purposes; fly catching adhesives; fly catching paper; fly destroying preparations; formic aldehyde for pharmaceutical purposes; frostbite salve for pharmaceutical purposes; fumigating pastilles; fumigation preparations for medical purposes; gallic acid for pharmaceutical purposes; gamboge for medical purposes; gases for medical purposes; gauze for dressings; gelatine for medical purposes; gentian for pharmaceutical purposes; germicides; glucose dietary supplements; glucose for medical purposes; glycerine for medical purposes; glycerophosphates; gold (dental amalgams of -); goulard water; greases for medical purposes; greases for veterinary purposes; guaiacol for pharmaceutical purposes; gum for medical purposes; gurjun [gurjon, gurjan] balsam for medical purposes; haematogen; haemoglobin; haemorrhoid preparations; haemostatic pencils; headache (articles for -); headache pencils; herbal teas for medicinal purposes; hops (extracts of -) for pharmaceutical purposes; hormones for medical purposes; hydrastine; hydrastinine; hydrated chloral for pharmaceutical purposes; hydrogen peroxide for medical purposes; hygienic bandages; insect repellent incense; insect repellents; insecticides; iodides for pharmaceutical purposes; iodine for pharmaceutical purposes; iodoform; irish moss for medical purposes; isotopes for medical purposes; jalap; jujube, medicated; lacteal flour for babies; larvae exterminating preparations; laxatives; lecithin dietary supplements; lecithin for medical purposes; leeches for medical purposes; lime (preparations of -) for pharmaceutical purposes; liniments; lint for medical purposes; liquorice for pharmaceutical purposes; lotions for pharmaceutical purposes; lotions for veterinary purposes; lupulin for pharmaceutical purposes; magnesia for pharmaceutical purposes; malt for pharmaceutical purposes; malted milk beverages for medical purposes; mangrove bark for pharmaceutical purposes; medicinal drinks; medicinal hair growth preparations; medicinal herbs; medicinal infusions; medicinal oils; medicinal roots; medicinal tea; medicine cases, portable, filled; medicines for dental purposes; medicines for human purposes; medicines for veterinary purposes; melissa water for pharmaceutical purposes; menstruation bandages; menstruation knickers; menstruation tampons; menthol; mercurial ointments; mice (preparations for destroying -); mildew (chemical preparations to treat -); milk ferments for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; milk sugar for pharmaceutical purposes; milking grease; mineral food supplements; mineral water salts; mineral waters for medical purposes; mint for pharmaceutical purposes; moleskin for medical purposes; mothproofing paper; mothproofing preparations; moulding wax for dentists; mouthwashes for medical purposes; mud for baths; mustard for pharmaceutical purposes; mustard oil for medical purposes; mustard poultices; myrobalan bark for pharmaceutical purposes; napkins (babies' -) [diapers]; napkins for incontinents; narcotics; nervines; nutritional supplements; nutritive substances for microorganisms; oil of turpentine for pharmaceutical purposes; ointments for pharmaceutical purposes; opiates; opium; opodeldoc; organotherapy preparations; oxygen baths; oxygen for medical purposes; pants, absorbent, for incontinents; panty liners [sanitary]; paper for mustard poultices; parasiticides; pastilles for pharmaceutical purposes; pearl powder for medical purposes; pectin for pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for pharmaceutical purposes; personal sexual lubricants; pesticides; petroleum jelly for medical purposes; pharmaceutical preparations; pharmaceutical preparations for treating dandruff; phenol for pharmaceutical purposes; phosphates for pharmaceutical purposes; phylloxera (chemical preparations for treating -); plasters for medical purposes; poisons; pollen dietary supplements; pomades for medical purposes; porcelain for dental prostheses; potassium salts for medical purposes; poultices; powder of cantharides; pregnancy (chemical preparations for the diagnosis of -); propolis dietary supplements; propolis for pharmaceutical purposes; protein dietary supplements; protein supplements for animals; purgatives; pyrethrum powder; quassia for medical purposes; quebracho for medical purposes; quinine for medical purposes; quinquina for medical purposes; radioactive substances for medical purposes; radiological contrast substances for medical purposes; radium for medical purposes; rat poison; reducing sexual activity (preparations for -); remedies for foot perspiration; remedies for perspiration; repellents for dogs; rhubarb roots for pharmaceutical purposes; royal jelly dietary supplements; royal jelly for pharmaceutical purposes; rubber for dental purposes; salts for medical purposes; salts for mineral water baths; sanitary napkins; sarsaparilla for medical purposes; scapulars for surgical purposes; sea water for medicinal bathing; sediment (medicinal -) [mud]; serotherapeutic medicines; serums; siccatives [drying agents] for medical purposes; skin care (pharmaceutical preparations for -); slimming pills; slimming purposes (medical preparations for -); slug exterminating preparations; smelling salts; smoking herbs for medical purposes; sodium salts for medical purposes; soil-sterilising preparations; solutions for contact lenses; solvents for removing adhesive plasters; soporifics; starch for dietetic or pharmaceutical purposes; sterilising preparations; steroids; stick liquorice for pharmaceutical purposes; sticking plasters; sticks (sulphur -) [disinfectants]; strychnine; styptic preparations; sugar for medical purposes; sulphonamides [medicines]; sunburn ointments; sunburn preparations for pharmaceutical purposes; suppositories; surgical dressings; surgical tissues; syrups for pharmaceutical purposes; tanning pills; tartar for pharmaceutical purposes; teeth filling material; teething (preparations to facilitate -); thermal water; thymol for pharmaceutical purposes; tincture of iodine; tinctures for medical purposes; tissues impregnated with pharmaceutical lotions; tobacco extracts [insecticides]; tobacco-free cigarettes for medical purposes; tonics [medicines]; trace elements (preparations of -) for human and animal use; tranquillizers; turpentine for pharmaceutical purposes; vaccines; vaginal washes; vermin destroying preparations; vesicants; vine disease treating chemicals; vitamin preparations; vulnerary sponges; wadding for medical purposes; wart pencils; wheat blight [smut] (chemical preparations to treat -); wheat germ dietary supplements; yeast dietary supplements; yeast for pharmaceutical purposes; feminine hygiene products; panty liners; sanitary towels; tampons; maternity towels; pants for feminine hygiene; sanitary briefs; incontinence pads; incontinence pants; nappies; disposable nappies; disposable nappies made of cellulose; disposable nappies made of paper; nappies for incontinents; cotton wool for pharmaceutical purposes; cotton wool in the form of buds for medical use; towels impregnated with medicated or disinfectant lotions; impregnated antiseptic wipes; impregnated medicated wipes; petroleum jelly (for medical purposes); skin care creams for medical use; medicated creams; babies' creams (medicated); medicated skin creams; nappy cream (medicated); sanitising wipes; moist wipes impregnated with a pharmaceutical lotion; antiseptic wipes; medicated balms; teething gel; medicated nipple creams; disposable nappies made of paper and/or cellulose.

However, the contested goods falling into the category biological material for medical purposes, namely biological tissue cultures for medical purposes; biological tissue cultures for veterinary purposes; blood for medical purposes; blood plasma; implants (surgical -) [living tissues]; stem cells for medical purposes; stem cells for veterinary purposes and the opponent’s pharmaceutical preparations have the same purpose and can coincide in producers and end users. Therefore, they are similar to a low degree.

However, the contested semen for artificial insemination has a specific purpose different from that of the opponent’s goods. They all have different methods of use, different end users and different distribution channels from all the opponent’s goods and they are not in competition. Therefore, these goods are considered dissimilar.

Contested goods in Class 8

The contested hand tools and implements (hand-operated); cutlery are included in both specifications and are therefore identical.

The following contested goods falling into the category of hand tools and implements (hand-operated) and cutlery are all identical to the opponent’s hand tools and implements (hand-operated); cutlery because they are covered by or overlap with these opponent’s goods or are at least similar to a certain degree because they may serve the same general purpose and distribution channels, can be provided by the same undertakings and target the same end users:

abrading instruments [hand instruments]; adzes [tools]; agricultural implements, hand-operated; annular screw plates; augers [hand tools]; awls; axes; bayonets; beard clippers; bill-hooks; bits [hand tools]; blade sharpening instruments; blades [hand tools]; blades [weapons]; bludgeons; border shears; borers; bow saws; braiders [hand tools]; branding irons; breast drills; budding knives; bushhammers; can openers, non-electric; carpenters' augers; cattle marking tools; cattle shearers; cattle stunning appliances; caulking irons; centre punches [hand tools]; cheese slicers, non-electric; chisels; choppers [knives]; clamps for carpenters or coopers; cleavers; crimping irons; crow bars; curling tongs; cuticle nippers; cutlery; cutter bars; cutters; cutting bars; cutting tools [hand tools]; daggers; decanting liquids (implements for -) [hand tools]; depilation appliances, electric and non-electric; dies [hand tools]; diggers [hand tools]; ditchers [hand tools]; draw wires [hand tools]; drawing knives; drill holders [hand tools]; drills; ear-piercing apparatus; earth rammers [hand tools]; edge tools [hand tools]; egg slicers, non-electric; embossers [hand tools]; emery files; emery grinding wheels; engraving needles; expanders [hand tools]; eyelash curlers; farriers' knives; files [tools]; fire irons; fireplace bellows [hand tools]; flat irons; forks; foundry ladles [hand tools]; fruit pickers [hand tools]; fullers [hand tools]; fulling tools [hand tools]; garden tools, hand-operated; gimlets [hand tools]; glazing irons; goffering irons; gouges [hand tools]; grafting tools [hand tools]; graving tools [hand tools]; grindstones [hand tools]; guns, hand-operated, for the extrusion of mastics; guns [hand tools]; hackles [hand tools]; hainault scythes; hair clippers for animals [hand instruments]; hair clippers for personal use, electric and non-electric; hair curling (hand implements for -); hair-removing tweezers; hammers [hand tools]; hand drills [hand tools]; hand pumps; hand tools, hand-operated; harpoons; harpoons for fishing; hatchets; hoes [hand tools]; holing axes; hoop cutters [hand tools]; hunting knives; ice picks; insecticide sprayers [hand tools]; irons [non-electric hand tools]; jig-saws; knife steels; knives; knuckle dusters; ladles for wine; ladles [hand tools]; lasts [shoemakers' hand tools]; lawn clippers [hand instruments]; leather strops; levers; lifting jacks, hand-operated; machetes; mallets [hand instruments]; manicure sets; manicure sets, electric; marline spikes; masons' hammers; mattocks; meat choppers [hand tools]; milling cutters [hand tools]; mitre [miter (am.)] boxes hand tools; molding irons; money scoops; mortars for pounding; mortise chisels; nail buffers, electric or non-electric; nail clippers, electric or non-electric; nail drawers [hand tools]; nail extractors; nail files; nail files, electric; nail nippers; nail punches; needle files; numbering punches; nutcrackers; oyster openers; palette knives; paring irons [hand tools]; paring knives; pedicure sets; penknives; perforating tools [hand tools]; pestles for pounding; pickaxes; picks [hand tools]; pin punches; pizza cutters, non-electric; plane irons; planes; plant parasite killing apparatus; pliers; priming irons [hand tools]; pruning knives; pruning shears; punch pliers [hand tools]; punches [hand tools]; rabbeting planes; rakes [hand tools]; rams [hand tools]; rasps [hand tools]; ratchets [hand tools]; razor blades; razor strops; razors, electric or non-electric; reamer sockets; reamers; riveters [hand tools]; riveting hammers [hand tools]; sabres; sand trap rakes; saws [hand tools]; scaling knives; scissors; scrapers [hand tools]; scraping tools [hand tools]; screwdrivers; scythe rings; scythes; secateurs; sharpening instruments; sharpening stones; shearers [hand instruments]; shears; shovels [hand tools]; sickles; silver plate [knives, forks and spoons]; skinning animals (instruments and tools for -); skinning butcher's animals (apparatus and instruments for -); slaughtering butchers' animals (apparatus and instruments for -); sledgehammers; spades [hand tools]; spanners [hand tools]; spatulas [hand tools]; spoons; squares [hand tools]; stamps [hand tools]; stone hammers; stropping instruments; sugar tongs; sword scabbards; swords; syringes for spraying insecticides; table forks; tableware [knives, forks and spoons]; tap wrenches; taps [hand tools]; tattooing (apparatus for -); thistle extirpators [hand tools]; threaders; tickets (instruments for punching -); tongs; tree pruners; trowels; trowels [gardening]; tube cutters [hand tools]; tube cutting instruments; tweezers; vegetable choppers; vegetable knives; vices; weeding forks [hand tools]; whetstone holders; whetstones; wick trimmers [scissors]; wire stretchers [hand tools]; wire strippers [hand tools]; nail clippers; cutlery for use with babies, children and infants; forks; knives; spoons; disposable tableware (cutlery) made of plastics; soft-tip spoons for use with babies, infants and children; parts and fittings for all the aforesaid goods.

The contested side arms are weapons, usually handguns but sometimes daggers, knives or other melee weapons, which are worn on the side of the body. The contested side arms, other than firearms are these weapons except for firearms. Consequently, these contested goods include, as broader categories, the opponent’s forged knives. It is impossible to filter these goods from the abovementioned categories. Since the Opposition Division cannot dissect ex officio the broad category of the applicant’s goods, they are considered identical.

However, the contested goods bits [parts of hand tools]; blades for planes; extension pieces for braces for screwtaps; frames for handsaws; glaziers’ diamonds [parts of hand tools]; hollowing bits [parts of hand tools]; saw blades [parts of hand tools]; saw holders; shear blades; tool belts [holders] are parts of and accessories for hand tools and, as such, are similar to various degrees to the opponent’s hand tools and implements (hand-operated). The goods under comparison may be complementary and are likely to be produced by the same producers. Moreover, they can coincide in end users and distribution channels. Some of the contested goods, such as bits [parts of hand tools]; hollowing bits [parts of hand tools]; blades for planes; extension pieces for braces for screwtaps also share the same purpose as the abovementioned opponent’s goods.

The contested razor cases; shaving cases, cases for cutlery being accessories for razors, are small portable containers for enclosing razors and other shaving tools and the contested sword scabbards are sheaths for holding a sword, which can be made of leather or imitation of leather. Therefore, these contested goods are similar to the opponent’s goods made of leather and imitations of leather in Class 18. The goods under comparison may have the same nature and purpose (e.g., carrying items). They can also be made by the same manufacturers. For these reasons, the goods under comparison are considered similar.

Contested goods in Class 9

The contested goods in this class fall under one of the following categories: scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus, as well as recorded contents, accessories for computers, parts and accessories for optical instruments, magnets, accessories for computers.

The contested photographic, cinematographic, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, data processing equipment, computers are included in both specifications and are therefore identical.

The contested scientific, optical, weighing and measuring apparatus and instruments are identical to the opponent’s teaching apparatus and instruments, because they are covered by or overlap with the opponent’s goods.

The contested nautical apparatus and instruments are identical to the opponent’s apparatus for transmission of sound because they are covered by or overlap with these opponent’s goods.

The following contested goods falling into the categories of scientific, nautical, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments are identical to the opponent’s photographic, cinematographic, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for transmission of sound because they are covered by or overlap with these opponent’s goods or are similar various degrees to the abovementioned opponent’s goods because they have the same general purposes, distribution channels and end users:

acid hydrometers; acidimeters for batteries; actinometers; aerometers; air analysis apparatus; alarm bells, electric; alarms; alcoholmeters; alidades; altimeters; ammeters; anemometers; anti-glare glasses; anti-glare visors; anti-theft warning apparatus; apertometers [optics]; asbestos clothing for protection against fire; asbestos gloves for protection against accidents; asbestos screens for firemen; astronomy (apparatus and instruments for -); audiovisual teaching apparatus; azimuth instruments; balances [steelyards]; balancing apparatus; bar code readers; barometers; beacons, luminous; bells [warning devices]; betatrons; binoculars; blinkers [signalling lights]; boiler control instruments; breathing apparatus, except for artificial respiration; breathing apparatus for underwater swimming; buzzers; calibrating rings; calipers; cameras [photography]; capillary tubes; carpenters' rules; carriers for dark plates [photography]; cases especially made for photographic apparatus and instruments; cases fitted with dissecting instruments [microscopy]; centering apparatus for photographic transparencies; chemistry apparatus and instruments; chromatography apparatus for laboratory use; chronographs [time recording apparatus]; cinematographic cameras; clinometers; clothing especially made for laboratories; clothing for protection against accidents, irradiation and fire; clothing for protection against fire; comparators; compasses (directional -); compasses [measuring instruments]; contact lenses; containers for microscope slides; correcting lenses [optics]; cosmographic instruments; crash test dummies; cupels [laboratory]; cyclotrons; darkroom lamps [photography]; darkrooms [photography]; decompression chambers; densimeters; densitometers; detectors; diagnostic apparatus, not for medical purposes; diaphragms for scientific apparatus; diaphragms [photography]; diffraction apparatus [microscopy]; discharge tubes, electric, other than for lighting; distance measuring apparatus; distance recording apparatus; distillation apparatus for scientific purposes; divers' masks; diving suits; dog whistles; dosimeters; drainers for use in photography; dressmakers' measures; drying apparatus for photographic prints; drying racks [photography]; dynamometers; ear plugs for divers; egg-candlers; electric door bells; electric loss indicators; electrified fences; electro-dynamic apparatus for the remote control of railway points; electronic tags for goods; enlarging apparatus [photography]; ergometers; exposure meters [light meters]; eyepieces; eyepieces (instruments containing -); false coin detectors; fermentation (apparatus for -) [laboratory apparatus]; film cutting apparatus; films, exposed; filters for respiratory masks; filters for ultraviolet rays, for photography; filters [photography]; fire alarms; fire escapes; flash-bulbs [photography]; flashlights [photography]; fluorescent screens; fog signals, non-explosive; food analysis apparatus; franking (apparatus to check -); frequency meters; furniture especially made for laboratories; galena crystals [detectors]; galvanometers; garments for protection against fire; gas testing instruments; gasometers [measuring instruments]; gauges; glazing apparatus for photographic prints; global positioning system [gps] apparatus; gloves for divers; gloves for protection against accidents; gloves for protection against x-rays for industrial purposes; goggles for sports;; heat regulating apparatus; hemline markers; high-frequency apparatus; holograms; hourglasses; hydrometers; hygrometers; incubators for bacteria culture; ionization apparatus not for the treatment of air or water; jigs [measuring instruments]; knee-pads for workers; laboratory centrifuges; laboratory trays; lactodensimeters; lactometers; lasers, not for medical purposes; leather (appliances for measuring the thickness of -); lens hoods; lenses for astrophotography; letter scales; levelling instruments; levels [instruments for determining the horizontal]; life belts; life buoys; life jackets; life nets; life saving apparatus and equipment; life-saving rafts; light-emitting electronic pointers; logs [measuring instruments]; magic lanterns; magnifying glasses [optics]; manometers; marine compasses; marine depth finders; marking buoys; marking gauges [joinery]; material testing instruments and machines; mathematical instruments; measures; measuring apparatus; measuring devices, electric; measuring glassware; measuring instruments; measuring spoons; mechanical signs; mercury levels; metal detectors for industrial or military purposes; meteorological balloons; meteorological instruments; meters; metronomes; micrometer screws for optical instruments; micrometers; microscopes; microtomes; milage recorders for vehicles; mirrors for inspecting work; mirrors [optics]; money counting and sorting machines; monitoring apparatus, electricnaval signalling apparatus; navigational instruments; neon signs; nets for protection against accidents; nose clips for divers and swimmers; objectives [lenses] optics; observation instruments; octants; ohmmeters; optical apparatus and instruments; optical condensers; optical glass; optical goods; optical lamps; optical lenses; oscillographs; ovens for laboratory use; oxygen transvasing apparatus; ozonisers [ozonators]; parking meters; particle accelerators; pedometers; peepholes [magnifying lenses] for doors; periscopes; petrol gauges; photometers; physics (apparatus and instruments for -); pince-nez; pipettes; planimeters; plumb bobs; plumb lines; polarimeters; precision balances; precision measuring apparatus; pressure indicator plugs for valves; pressure indicators; pressure measuring apparatus; prisms [optics]; probes for scientific purposes; protection devices against x-rays, not for medical purposes; protection devices for personal use against accidents; protective helmets; protective helmets for sports; protective masks; protective suits for aviators; protractors [measuring instruments]; push buttons for bells; pyrometers; quantity indicators; radar apparatus; radio pagers; radiological apparatus for industrial purposes; radiology screens for industrial purposes; reflecting discs for wear, for the prevention of traffic accidents; refractometers; refractors; remote control apparatus; respirators for filtering air; respirators, other than for artificial respiration; resuscitation mannequins [teaching apparatus]; retorts; retorts' stands; revolution counters; riding helmets; road signs, luminous or mechanical; rods for water diviners; rulers [measuring instruments]; rules [measuring instruments]; saccharometers; safety restraints, other than for vehicle seats and sports equipment; safety tarpaulins; salinometers; satellite navigational apparatus; satellites for scientific purposes; scales; screens for photoengraving; screens [photography]; screw-tapping gauges; sextants; shoes for protection against accidents, irradiation and fire; shutter releases [photography]; shutters [photography]; sighting telescopes for firearms; signal bells; signal lanterns; signalling buoys; signalling panels, luminous or mechanical; signalling whistles; signals, luminous or mechanical; signs, luminous; simulators for the steering and control of vehicles; sirens; skins (apparatus for measuring the thickness of -); slide calipers; slides [photography]; smoke detectors; solderers' helmets; sonars; sound alarms; sound locating instruments; sounding apparatus and machines; sounding leads; sounding lines; spectacle glasses; spectacles [optics]; spectrograph apparatus; spectroscopes; speed checking apparatus for vehicles; speed indicators; speed measuring apparatus [photography]; speed regulators for record players; spherometers; spirit levels; spools [photography]; stage lighting regulators; stands for photographic apparatus; steering apparatus, automatic, for vehicles; stereoscopes; stereoscopic apparatus; stills for laboratory experiments; sulphitometers; sunglasses; surveyors' levels; tachometers; taximeters; teeth protectors; telemeters; telescopes; temperature indicators; test tubes; testing apparatus not for medical purposes; theft prevention installations, electric; theodolites; thermionic tubes; thermometers, not for medical purposes; thermostats; thermostats for vehicles; time clocks [time recording devices]; time recording apparatus; time switches, automatic; tires (automatic indicators of low pressure in vehicle -); traffic-light apparatus [signalling devices]; tripods for cameras; urinometers; vacuum gauges; variometers; vehicle breakdown warning triangles; verniers; vests (am.) bullet-proof -; viewfinders, photographic; viscosimeters; voltmeters; wafers [silicon slices]; waling glasses; washing trays [photography]; water level indicators; wavemeters; weighbridges; weighing apparatus and instruments; weighing machines; weights; whistle alarms; wind socks for indicating wind direction; workmen's protective face-shields; x-ray apparatus not for medical purposes; x-ray films, exposed; x-ray tubes not for medical purposes; x-rays producing apparatus and installations, not for medical purposes; baby monitors; thermometers; safety caps; safety covers for electrical equipment and apparatus; safety alarms; eyewear; protective eyewear, visors and hats; sunglasses; buoyancy aids; inflatable arm-bands being flotation devices.

The contested signalling and fire-extinguishing apparatus as well as the following contested goods falling into the category of, fire-extinguishing apparatus are similar to various degrees to the opponent’s life-saving apparatus and instruments, because they may serve the same purpose and be distributed through the same distribution channels, as well as to coincide in their producer:

extinguishers; fire beaters; fire blankets; fire boats; fire engines; fire hose; fire hose nozzles; motor fire engines; spark-guards; sprinkler systems for fire protection; motor fire engines; spark-guards; sprinkler systems for fire protection;

The contested apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity as well as the following contested goods falling into these categories are similar to various degrees to the opponent’s checking (supervision) apparatus and instruments, because they may target the same public, can be distributed through the same distribution channels and may coincide in their producer:

accumulators, electric; anode batteries; anodes; anti-interference devices [electricity]; anticathodes; armatures [electricity]; batteries, electric; batteries, electric, for vehicles; batteries for lighting; battery boxes; battery chargers; battery jars; branch boxes [electricity]; cables, electric; capacitors; cathodes; cathodic anti-corrosion apparatus; chargers for electric batteries; chips [integrated circuits]; choking coils [impedance]; circuit breakers; circuit closers; coils, electric; collectors, electric; commutation (electric apparatus for -); commutators; conductors, electric; connections for electric lines; connectors [electricity]; contacts, electric; control panels [electricity]; converters, electric; copper wire, insulated; couplings, electric; covers for electric outlets; current rectifiers; distribution boards [electricity]; distribution boxes [electricity]; distribution consoles [electricity]; DNA chips; ducts [electricity]; electric installations for the remote control of industrial operations; electricity conduits; electricity mains (materials for -) [wires, cables]; electrified rails for mounting spot lights; electro-dynamic apparatus for the remote control of signals; electrolysers; electromagnetic coils; fibre [fiber (am.)] optic cables; fuse wire; fuses; galvanic batteries; galvanic cells; glass covered with an electrical conductor; grids for batteries; holders for electric coils; identification sheaths for electric wires; identification threads for electric wires; igniting apparatus, electric, for igniting at a distance; inductors [electricity]; integrated circuit cards [smart cards]; integrated circuits; inverters [electricity]; junction boxes [electricity]; junction sleeves for electric cables; light conducting filaments [optical fibers fibres]; light dimmers [regulators], electric; light-emitting diodes [led]; lighting ballasts; lightning arresters; limiters [electricity]; locks, electric; magnetic wires; photovoltaic cells; plates for batteries; plugs, sockets and other contacts [electric connections]; printed circuit boards; printed circuits; radiotelegraphy sets; reducers [electricity]; regulating apparatus, electric; relays, electric; resistances, electric; rheostats; semi-conductors; sheaths for electric cables; socks, electrically heated; solar batteries; solenoid valves [electromagnetic switches]; starter cables for motors; switchboards; switchboxes [electricity]; switches, electric; telerupters; terminals [electricity]; transformers [electricity]; transistors [electronic]; transmitters of electronic signals; triodes; voltage regulators for vehicles; voltage surge protectors; wire connectors [electricity]; wires, electric.

The following contested goods falling into the categories of apparatus for recording, transmission or reproduction of sound or images are identical to the opponent’s apparatus for recording, transmission or reproduction of sound or images because they are covered by or overlap with these opponent’s goods:

acoustic conduits; acoustic couplers; aerials; amplifiers; amplifying tubes; blueprint apparatus; cabinets for loudspeakers; camcorders; cassette players; coaxial cables; diaphragms [acoustics]; dictating machines; DVD players; editing appliances for cinematographic films; electronic notice boards; epidiascopes; facsimile machines; frames for photographic transparencies; hands free kits for phones; head cleaning tapes [recording]; headphones; horns for loudspeakers; intercommunication apparatus; juke boxes, musical; loudspeakers; masts for wireless aerials; megaphones; microphones; personal stereos; photocopiers [photographic, electrostatic, thermic]; phototelegraphy apparatus; plotters; portable media players; portable telephones; projection apparatus; projection screens; radios; radiotelephony sets; railway traffic safety appliances; receivers (audio-- and video- -); record player needles (apparatus for changing -); record players; slide projectors; sound recording apparatus; sound recording carriers; sound reproduction apparatus; sound transmitting apparatus; speaking tubes; styli for record players; tape recorders; telegraph wires; telegraphs [apparatus]; telephone apparatus; telephone receivers; telephone transmitters; telephone wires; teleprinters; teleprompters; television apparatus; tone arms for record players; transmitters [telecommunication]; transmitting sets [telecommunication]; transponders; vacuum tubes [radio]; vehicle radios; video recorders; video screens; video telephones; walkie-talkies; x-ray photographs, other than for medical purposes.

The contested magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media and the following contested goods falling into these categories are identical to the opponent’s teaching apparatus and instruments, because they are covered by or overlap with these opponent’s goods:

cinematographic film, exposed; compact discs [audio-video]; compact discs [read-only memory]; demagnetizing apparatus for magnetic tapes; encoded identification bracelets, magnetic; encoded magnetic cards; floppy disks; identity cards, magnetic; magnetic data media; magnetic tapes; optical data media; optical discs; phonograph records; sound recording strips; video cassettes; video game cartridges; videotapes; recorded media including computer software; educational programmes; films; films bearing recorded educational material; DVDs, CD-ROMS.

Further, the contested cash registers, calculating machines are identical to the opponent’s data processing equipment, computers, because they are covered by or overlap with the opponent’s goods. The following contested goods falling into the categories of cash registers, calculating machines, data processing equipment, computers, computer software are identical to the opponent’s data processing equipment, computers, because they are covered by these opponent’s goods, or similar to the abovementioned opponent’s goods, because they are complementary, in competition and are likely to be produced by the same producers:

abacuses; accounting machines; adding machines; agendas (electronic -); automated teller machines [atm]; calculating disks; calculating machines; cash registers; central processing units [processors]; computer game programs; computer keyboards; computer memory devices; computer operating programs, recorded; computer peripheral devices; computer programmes [programs], recorded; computer programs [downloadable software]; computer software, recorded; computers; couplers [data processing equipment]; data processing apparatus; disk drives for computers; electronic pens [visual display units]; electronic pocket translators; interfaces for computers; invoicing machines; juke boxes for computers; laptop computers; magnetic encoders; magnetic tape units for computers; microprocessors; modems; monitors [computer hardware]; monitors [computer programs]; mouse [data processing equipment]; navigation apparatus for vehicles [on-board computers]; notebook computers; optical character readers; pocket calculators; printers for use with computers; punched card machines for offices; readers [data processing equipment]; scanners [data processing equipment]; slide-rules; totalizators; usb flash drives; voting machines; word processors; educational software; children's educational software.

The contested surveying apparatus and instruments, mechanisms for coin-operated apparatus (coin-operated apparatus (mechanisms for -)), as well as the contested goods falling under these categories, namely plane tables [surveying instruments]; rods [surveying instruments]; surveying chains; surveying instruments; coin-operated mechanisms for television sets, counter-operated apparatus (mechanisms for -); ticket dispensers are dissimilar to all the opponent’s goods. The goods under comparison do not share the same purpose, nor the same distribution channels or commercial origin. They are neither complementary nor in competition.

Further, the contested goods falling into the category of recorded contents, namely animated cartoons, downloadable image files, downloadable music files, downloadable ring tones for mobile phones as well as the contested goods falling into the category of magnets, namely, magnets (decorative -), magnets are dissimilar to all the opponent’s goods as they have no relevant aspects in common. The goods under comparison do not have the same nature and they are not in competition with each other, or complementary. Furthermore, they are not commonly provided by the same undertakings nor share the same distribution channels.

The contested goods falling into the category of accessories for computers, namely mouse pads, wrist rests for use with computers are similar to a low degree to the opponent’s data processing equipment and computers because they can coincide in the end user and distribution channels. Moreover, they are complementary.

When comparing the contested cleaning apparatus for phonograph records with the opponent’s apparatus for reproduction of sound, it must be noted that these goods are complementary. Furthermore, they can be produced by the same producers and distributed through the same distribution channels. They can also coincide in their end users. For these reasons, the goods under comparison are considered to be similar.

The contested downloadable electronic publications are similar to the opponent’s printed matter, picture books in Class 16. The goods under comparison share the same purpose. They can coincide in producer and target the same end user. Moreover, they are in competition.

The contested eyeglass cases, spectacle cases are small portable containers for enclosing eyeglasses or spectacles. Such containers are usually made of leather or imitation of leather and as such can be considered as similar to the opponent’s goods made of leather and imitations of leather in Class 18. The goods under comparison may have the same nature and purpose. They can also be made by the same manufacturers.

The contested cell phone straps as well as containers for contact lenses, eyeglass chains, eyeglass cords, eyeglass frames, spectacle frames are dissimilar to all the opponent’s goods covered by the earlier right. This is because the goods under comparison have no relevant aspects in common. Neither they share the same nature, are not in competition with each other, and are not complementary. Furthermore, normally they are produced by different manufacturers and are not distributed through the same distribution channels.

As regards the contested parts and fittings for all the aforesaid goods, some of these goods have been compared above and the remaining ones, namely parts and fittings for the contested goods that have been found to be identical or similar to the earlier goods, are considered similar at least to a low degree to the same respective goods. This is because, they may be distributed through the same distribution channels and target the same end users or be produced by the same companies. As regards the contested parts and fittings for surveying apparatus and instruments, mechanisms for coin-operated apparatus (coin-operated apparatus (mechanisms for -)), plane tables [surveying instruments]; rods [surveying instruments]; surveying chains; surveying instruments; coin-operated mechanisms for television sets, counter-operated apparatus (mechanisms for -), ticket dispensers, animated cartoons, downloadable image files, downloadable music files, downloadable ring tones for mobile phones, magnets (decorative -), magnets, cell phone straps, containers for contact lenses, eyeglass chains, eyeglass cords, eyeglass frames, spectacle frames, these contested goods are considered to be dissimilar to the opponent’s goods in all the classes, as they have no relevant aspects in common.

Contested goods in Class 10

The contested goods in this class fall under one of the following categories: surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; sex aids, hearing protection devices, feeding aids and pacifiers

The contested surgical, medical, dental apparatus and instruments, orthopaedic articles are included in both specifications and are therefore identical.

The contested goods veterinary apparatus and instruments are included in the broader category of the opponent’s medical apparatus and instruments. Therefore, they are identical.

The contested artificial limbs are covered by the broader category of the opponent’s orthopaedic articles. Therefore, these goods are identical.

The contested suture materials are highly similar to the opponent’s surgical apparatus and instruments, as they share the same purpose and are complementary. Furthermore, they are likely to be produced by the same producers and distributed through the same distribution channels. They also target the same relevant public.

The following contested goods falling under the categories of surgical, medical, dental and veterinary apparatus and instruments, orthopaedic articles, suture materials are identical to the opponent’s surgical, medical, dental apparatus and instruments, orthopaedic articles (because these contested goods are included in or overlap with the opponent’s goods) or are similar to various degrees (as they share the same purpose, they target the same public, may be complementary, as well they can be produced by the same producers, be distributed through the same distribution channels):

abdominal belts; abdominal corsets; abdominal pads; acupuncture needles; aerosol dispensers for medical purposes; air cushions for medical purposes; air mattresses, for medical purposes; air pillows for medical purposes; ambulance stretchers; anaesthetic apparatus; anaesthetic masks; arch supports for footwear; armchairs for medical or dental purposes; arterial blood pressure measuring apparatus; artificial breasts; artificial respiration (apparatus for -); artificial skin for surgical purposes; balling guns; bandages, elastic; bandages for joints, anatomical; basins for medical purposes; bed vibrators; beds, specially made for medical purposes; belts, electric, for medical purposes; belts for medical purposes; blankets, electric, for medical purposes; blood testing apparatus; body cavities (appliances for washing -); boots for medical purposes; bougies [surgery]; brushes for cleaning body cavities; burs (dental -); cannulae; cases fitted for medical instruments; cases fitted for use by surgeons and doctors; castrating pincers; catgut; catheters; cattle (obstetric apparatus for -); childbirth mattresses; clips, surgical; clothing especially for operating rooms; commode chairs; compresses (thermo-electric -) [surgery]; compressors [surgical]; containers especially made for medical waste; corn knives; corsets for medical purposes; crutches; cupping glasses; cushions for medical purposes; cutlery [surgical]; deafness (apparatus for the treatment of -); defibrillators; dental apparatus; dental apparatus, electric; dentists' armchairs; diagnostic apparatus for medical purposes; dialyzers; douche bags; drainage tubes for medical purposes; draw-sheets for sick beds; dropper bottles for medical purposes; droppers for medical purposes; ear picks; ear trumpets; elastic stockings for surgical purposes; electric acupuncture instruments; electrocardiographs; electrodes for medical use; enema apparatus for medical purposes; esthetic massage apparatus; filters for ultraviolet rays, for medical purposes; finger guards for medical purposes; footwear (orthopaedic [orthopaedic] -); forceps; fumigation apparatus for medical purposes; furniture especially made for medical purposes; galvanic belts for medical purposes; galvanic therapeutic appliances; gastroscopes; gloves for massage; gloves for medical purposes; hair prostheses; hearing aids for the deaf; heart pacemakers; heating cushions [pads], electric, for medical purposes; hematimeters; hernia bandages; hot air therapeutic apparatus; hot air vibrators for medical purposes; hydrostatic beds for medical purposes; hygienic basins; hypodermic syringes; hypogastric belts; ice bags for medical purposes; incontinence sheets; incubators for babies; incubators for medical purposes; inhalers; injectors for medical purposes; instrument cases for use by surgeons and doctors; insufflators; invalids' hoists; knee bandages, orthopaedic; knives for surgical purposes; lamps for medical purposes; lancets; lasers for medical purposes; masks for use by medical personnel; massage apparatus; maternity belts; medical apparatus and instruments; medical guidewires; microdermabrasion apparatus; mirrors for dentists; mirrors for surgeons; needles for medical purposes; nursing appliances; obstetric apparatus; operating tables; ophthalmometers; opthalmoscopes; orthodontic appliances; orthopaedic belts; orthopaedic soles; pessaries; physical exercise apparatus, for medical purposes; physiotherapy apparatus; plaster bandages for orthopaedic purposes [casts (am.)]; probes for medical purposes; protection devices against x-rays, for medical purposes; pulse meters; pumps for medical purposes; quartz lamps for medical purposes; radiological apparatus for medical purposes; radiology screens for medical purposes; radiotherapy apparatus; radium tubes for medical purposes; receptacles for applying medicines; rehabilitation apparatus (body -) for medical purposes; respirators for artificial respiration; resuscitation apparatus; saws for surgical purposes; scalpels; scissors for surgery; slings [supporting bandages]; soporific pillows for insomnia; sores (pads [pouches] for preventing pressure -) on patient bodies; spirometers [medical apparatus]; spittoons for medical purposes; splints, surgical; sponges (surgical -); spoons for administering medicine; stents; sterile sheets, surgical; stethoscopes; stockings for varices; strait jackets; stretchers, wheeled; supports for flat feet; surgical drapes; surgical implants [artificial materials]; suspensory bandages; suture materials; suture needles; syringes for injections; syringes for medical purposes; testing apparatus for medical purposes; thermal packs for first aid purposes; thermometers for medical purposes; thread, surgical; tips for crutches for invalids; tongue scrapers; traction apparatus for medical purposes; trocars; ultraviolet ray lamps for medical purposes; umbilical belts; urethral probes; urethral syringes; urinals [vessels]; urological apparatus and instruments; uterine syringes; vaginal syringes; vaporizers for medical purposes; vibromassage apparatus; water bags for medical purposes; x-ray apparatus for medical purposes; x-ray photographs for medical purposes; x-ray tubes for medical purposes; x-rays (apparatus and installations for the production of -), for medical purposes; spoons for administering medicine; incubators for babies; gloves for medical purposes; maternity belts; medical physical exercise apparatus; incontinence sheets for babies, infants and children and adults; surgical and medical sponges; medical thermometers (electrical, and/or non-electrical, and/or digital); medicine syringes; medicine dispensers; and nasal aspirators.

The contested artificial teeth, dentures, pins for artificial teeth are similar to a high degree to the opponent’s dental apparatus and instruments, as they share the same purpose and are complementary. They may coincide in their producers and are likely to be distributed through the same distribution channels. They can coincide in their end users.

The contested artificial jaws are lowly similar to the opponent’s surgical, medical, dental apparatus and instruments as they may be complementary. They may coincide in their producers and in their end users.

The contested artificial eyes, prostheses (intraocular -) [lenses] for surgical implantation are dissimilar to the opponent’s goods as they have no relevant aspects in common. The goods under comparison do not share the same nature, are not complementary and are not in competition. Moreover, they are normally not produced by the same producers and are distributed through different specialised channels.

The contested condoms, contraceptives, non-chemical, falling under the category of sex aids, are similar to the opponent’s pharmaceutical preparations, as they have the same purpose and are in competition. Moreover, they target the same end users and are distributed through the same distribution channels.

The contested goods falling under the category of sex aids, namely love dolls [sex dolls], however, as well as the contested goods falling under the category of hearing protection devices, namely plugs (ear -) [ear protection devices], hearing protectors are dissimilar to all the opponent’s goods. The goods under comparison do not share the same nature or purpose. They are not complementary or in competition and they are not normally produced by the same companies or distributed through the same distribution channels.

The remaining contested goods, namely babies' bottles; breast pumps; feeding bottle teats; feeding bottle valves; pacifiers for babies; teething rings; feeding bottles; feeding bottle teats; teats for babies, infants and children; re-usable and disposable teats for bottles and drinking cups for babies, infants and children; teething rings; teethers and teething rattles; pacifiers; baby soothers; breast pumps for use by nursing mothers; breast shields; breast shells; nipple shields; nipple protectors are identical to the opponent’s baby bottles; bottle nipples; biting rings; milk pumps because they appear identically in both lists (including synonyms) or because the opponent’s goods cover the contested goods or they are similar to these opponent’s goods as the share the same purpose, they are produced by the same producers, be distributed through the same distribution channels and they target the same end users.

Contested goods in Class 11

The contested goods in this class fall under the following categories: apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; gas installations and accessories; nuclear installations; industrial installations for treatment of materials; oil refining equipment; igniters; fuel economisers; sun tanning appliances, as well as parts and fittings for all the goods in this class. They are identical to the opponent’s apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes and the items in the alphabetical list of Class 11 that do not fall within the natural and usual meaning of the general indications, listed above, either because they appear identically in both lists (including synonyms) or because the opponent’s goods are included in or overlap with the contested goods or vice versa.

Contested goods in Class 12

The contested goods in this class fall under the following categories: vehicles; apparatus for locomotion by land, air or water, as well as parts and fittings for vehicles. The contested goods, except spoilers for vehicles, headlight wipers, spare tire covers, are identical to the opponent’s vehicles; apparatus for locomotion by land, air or water and the items in the alphabetical list of Class 12 that do not fall within the natural and usual meaning of the general indications, listed above, either because they appear identically in both lists (including synonyms) or because the goods of the earlier right are included in or overlap with the contested goods or vice versa.

As regards the remaining contested goods covered by the contested mark, namely spoilers for vehicles, headlight wipers, spare tire covers, parts and fittings for all the aforesaid goods they are all goods related to vehicles in general. The goods under comparison can coincide in end users and distribution channels. Furthermore, these goods are complementary. Thus, they are considered to be similar to various degrees.

Contested goods in Class 16

The contested goods in this class fall under one of the following categories: paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks, chaplets and clips and holders.

The contested paper, cardboard and goods made from these materials, not included in other classes; printed matter; photographs; stationery are included in both specifications and are therefore identical.

The contested adhesives for stationery or household purposes, as well as the following goods falling into the category of paper, cardboard and goods made from these materials, not included in other classes; printed matter; photographs; stationery, adhesives for stationery or household purposes are identical to the opponent’s paper, cardboard and goods made from these materials, not included in other classes; printed matter; photographs; stationery because they are covered by or overlap with these opponent’s goods.

absorbent sheets of paper or plastic for foodstuff packaging; address plates for addressing machines; address stamps; adhesive bands for stationery or household purposes; adhesive tapes for stationery or household purposes; adhesives [glues] for stationery or household purposes; advertisement boards of paper or cardboard; almanacs; announcement cards [stationery]; arithmetical tables; atlases; bags (conical paper -); bags [envelopes, pouches] of paper or plastics, for packaging; balls for ball-point pens; bibs of paper; blotters; blueprints; bookends; booklets; bookmarkers; books; bottle envelopes of cardboard or paper; bottle wrappers of cardboard or paper; boxes for pens; boxes of cardboard or paper; calendars; carbon paper; cardboard articles; cardboard tubes; cards; catalogues; chalk holders; chromos; cigar bands; clipboards; coasters of paper; coffee filters (paper -); comic books; compasses for drawing; copying paper [stationery]; correcting fluids [office requisites]; correcting ink [heliography]; correcting tapes [office requisites]; covers of paper for flower pots; cream containers of paper; decalcomanias; document files [stationery]; document holders [stationery]; drawer liners of paper, perfumed or not; drawing instruments; drawing materials; drawing pads; drawing pens; drawing pins; drawing sets; drawing squares; duplicators; elastic bands for offices; electrocardiograph paper; electrotypes; embroidery designs [patterns]; engraving plates; engravings; envelopes [stationery]; erasing products; erasing shields; etchings; face towels of paper; figurines [statuettes] of papier mâché; filter paper; filtering materials [paper]; finger-stalls [office requisites]; flags of paper; flyers; folders [stationery]; forms, printed; fountain pens; french curves; galley racks [printing]; garbage bags of paper or of plastics; gluten [glue] for stationery or household purposes; graphic prints; graphic representations; graphic reproductions; greeting cards; gummed cloth for stationery purposes; gummed tape [stationery]; gums [adhesives] for stationery or household purposes; handbooks [manuals]; handkerchiefs of paper; handwriting specimens for copying; hat boxes of cardboard; holders for stamps [seals]; humidity control sheets of paper or plastic for foodstuff packaging; hygienic paper; index cards [stationery]; indexes; indian inks; ink; ink sticks; ink stones [ink reservoirs]; inking pads; inking ribbons; inking ribbons for computer printers; inking sheets for document reproducing machines; inking sheets for duplicators; inkstands; inkwells; isinglass for stationery or household purposes; jackets for papers; labels, not of textile; ledgers [books]; letter trays; lithographic works of art; lithographs; loose-leaf binders; luminous paper; magazines [periodicals]; manifolds [stationery]; marking chalk; marking pens [stationery]; mats for beer glasses; musical greeting cards; newsletters; newspapers; nibs; nibs of gold; note books; obliterating stamps; oleographs; pads [stationery]; paint boxes [articles for use in school]; paintings [pictures], framed or unframed; pamphlets; pantographs [drawing instruments]; paper bows; paper clasps; paper-clips; paper for recording machines; paper ribbons; paper sheets [stationery]; paper tapes and cards for the recordal of computer programmes; paperweights; papier mâché; parchment paper; pastels [crayons]; pastes for stationery or household purposes; patterns for dressmaking; patterns for making clothes; pen clips; pen wipers; pencil holders; pencil lead holders; pencil leads; pencil sharpeners, electric or non-electric; pencil sharpening machines, electric or non-electric; pencils; penholders; pens [office requisites]; perforated cards for jacquard looms; periodicals; photo-engravings; photograph stands; photographs (apparatus for mounting -); photographs [printed]; pictures; placards of paper or cardboard; place mats of paper; portraits; postage stamps; postcards; posters; printed publications; printed timetables; printers' blankets, not of textile; prints [engravings]; prospectuses; radiograms (paper for -); rollers for typewriters; rubber erasers; rulers (drawing -); school supplies [stationery]; scrapbooks; scrapers [erasers] for offices; sealing compounds for stationery purposes; sealing stamps; sealing wafers; sealing wax; seals [stamps]; self-adhesive tapes for stationery or household purposes; sheets of reclaimed cellulose for wrapping; shields [paper seals]; signboards of paper or cardboard; silver paper; slate pencils; song books; spools for inking ribbons; square rulers; stamp pads; stamp stands; stamps [seals]; stamps [seals] (cases for -); stands for pens and pencils; staples for offices; stapling presses [office requisites]; starch paste [adhesive] for stationery or household purposes; steatite [tailor's chalk]; steel pens; stencil cases; stencil plates; stencils; stencils [stationery]; stickers [stationery]; table linen of paper; table napkins of paper; tablecloths of paper; tablemats of paper; tags for index cards; tailors' chalk; tickets; tissues of paper for removing make-up; towels of paper; tracing cloth; tracing needles for drawing purposes; tracing paper; tracing patterns; trading cards other than for games; transparencies [stationery]; typewriter ribbons; waxed paper; wood pulp board [stationery]; wood pulp paper; wrappers [stationery]; wrapping paper; wristbands for the retention of writing instruments; writing board erasers; writing brushes; writing cases [sets]; writing cases [stationery]; writing chalk; writing instruments; writing materials; writing or drawing books; writing paper; writing slates; writing tablets; xuan paper for chinese painting and calligraphy; paper products for household and sanitary use, namely kitchen and bath towels, kitchen rolls, napkins, handkerchiefs, toilet paper; paper wipes; paper towels; printed matter, including printed publications, magazines, brochures, leaflets, coupons and vouchers postcards; stationery; books for babies, infants and children; printed guides; printed guides relating to parenting and new born babies; packs containing printed matter relating to new born babies and parenting advice; leaflets; leaflets relating to new born babies and parenting advice; activity books; colouring books; books for babies, infants and children; sticker books; stickers; photograph albums; calendars; diaries; diaries relating to babies' progress; planners (printed) relating to babies and infants; birthing diaries (printed matter); birthing planners (printed matter).

The contested bookbinding material, artists' materials, plastic materials for packaging (not included in other classes) as well as the following goods falling into the category of bookbinding material; artists' materials, plastic materials for packaging (not included in other classes) are identical to the opponent’s paper, cardboard and goods made from these materials, not included in other classes; printed matter, stationery because they are covered by or overlap with these opponent’s goods, or vice versa (e.g. paper is also part of artists’ material, or photographic albums are also goods made of paper, cardboard) or they are at least similar to the said opponent’s goods, because they have the same purposes, distribution channels and end users and can also be complementary or in competition (e.g. Xuan paper for Chinese painting, which is a product made of paper, and canvas for painting, which comes under artists’ materials):

aquarelles; bags for microwave cooking; binding strips [bookbinding]; bubble packs (plastic -) for wrapping or packaging; canvas for painting; chalk for lithography; charcoal pencils; cloth for bookbinding; cords for bookbinding; etching needles; fabrics for bookbinding; hand-rests for painters; lithographic stones; modelling clay; modelling clays (moulds for -) [artists' materials]; modelling materials; modelling paste; modelling wax, not for dental purposes; packaging material made of starches; paint trays; painters' easels; palettes for painters; plastic cling film, extensible, for palletization; plastic film for wrapping; plastics for modelling; saucers (watercolor [watercolour] -) for artists; viscose sheets for wrapping; plastic and/or paper bags and wraps for disposal of hospital waste; disposable bags for hospital waste.

As regards the contested instructional and teaching material (except apparatus), as well as the following goods coming under the category of instructional and teaching material, namely architect’s models; blackboards; chart pointers, non-electronic; diagrams; geographical maps; teaching materials [except apparatus]; terrestrial globes, as well as some of the goods coming under the category of typewriters and office requisites (except furniture), namely dispensers (adhesive tape -) [office requisites], drawing boards, files [office requisites], moisteners [office requisites], moisteners for gummed surfaces [office requisites], office perforators, office requisites, except furniture, paper knives [cutters] office requisites, paper shredders for office use, punches [office requisites], stationery (cabinets for -) [office requisites], trays for sorting and counting money are either identical to the opponent’s goods made paper and cardboard, stationery, because the goods of the earlier right are included in or overlap with the contested goods or vice versa, or are similar to various degrees to the opponent’s goods made paper and cardboard, stationery, because they can coincide in their distribution channels and end users.

The remaining contested goods falling into the category of instructional and teaching material, namely biological samples for use in microscopy [teaching materials]; histological sections for teaching purposes; typewriter keys, as well as the contested paint brushes and the goods falling into the categories of paint brushes, namely graining combs, house painters' rollers, paintbrushes, painters' brushes; contested typewriters and office requisites (except furniture), and the goods falling into the categories of typewriters and office requisites (except furniture), namely addressing machines, bookbinding apparatus and machines [office equipment], ; credit card imprinters, non-electric, document laminators for office use, drawing T-squares, envelope sealing machines, for offices, hand labelling appliances, hectographs, mimeograph apparatus and machines, numbering apparatus, sealing machines for offices, typewriters, electric or non-electric, vignetting apparatus; the contested printers’ type (printing type;); printing blocks, as well as the goods falling into the categories of printers’ type; printing blocks; namely composing frames [printing], type [numerals and letters]; numbers [type]; printers' reglets, printing sets, portable [office requisites], steel letters, as well as clips and holders, namely checkbooks [cheque books] (holders for -); money clips, passport holders; and chaplets are dissimilar to all the opponent’s goods in all the classes, since they have no relevant aspects in common. They do not share the same nature, are not in competition with each other and are nor complementary. Furthermore, normally they are produced by different manufacturers and are not distributed through the same distribution channels.

As regards the contested parts and fittings for all the aforesaid goods, some of these goods have been compared above and the remaining ones, namely parts and fittings for the contested goods that have been found to be identical or similar to the earlier goods, are considered at least similar to a low degree to the same respective goods. This is because, they may be distributed through the same distribution channels and target the same end users or be produced by the same companies. As regards the contested parts and fittings for biological samples for use in microscopy [teaching materials]; histological sections for teaching purposes; typewriter keys, paint brushes, graining combs, house painters' rollers, paintbrushes, painters' brushes; typewriters and office requisites (except furniture), addressing machines, bookbinding apparatus and machines [office equipment], credit card imprinters, non-electric, document laminators for office use, drawing T-squares, envelope sealing machines, for offices, hand labelling appliances, hectographs, mimeograph apparatus and machines, numbering apparatus, sealing machines for offices, typewriters, electric or non-electric, vignetting apparatus; printers’ type; printing blocks, composing frames [printing], type [numerals and letters]; numbers [type]; printers' reglets, printing sets, portable [office requisites], printing type, steel letters, checkbooks [cheque books] (holders for -); money clips, passport holders; chaplets, these contested goods are considered to be dissimilar to the opponent’s goods in all the classes, as they have no relevant aspects in common.

Contested goods in Class 18

The contested goods in this class fall under one of the following categories: leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery, as well as other carriers and bags not of leather or imitations of leather, parts and fittings, accessories for goods in this class, animal apparel. They are identical to the opponent’s leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; child carrying bags and the items in the alphabetical list of Class 18 that do not fall within the natural and usual meaning of the general indications, listed above, either because they appear identically in both lists (including synonyms) or because the goods of the earlier right are included in or overlap with the contested goods or vice versa.

Contested goods in Class 20

The contested goods in this class fall under one of the following categories: furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics, as well as stuffed animals, parts and fittings for goods in this class. They are identical to the opponent’s furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics and the items in the alphabetical list of Class 20 that do not fall within the natural and usual meaning of the general indications, listed above, either because they appear identically in both lists (including synonyms) or because the goods of the earlier right are included in or overlap with the contested goods or vice versa.

Contested goods in Class 21

The contested household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes; plates, toothbrushes, hair brushes are included in both specifications and are therefore identical.

The remaining contested goods in this class fall under one of the following categories: household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes as well as bird keeping accessories, parts and fittings for goods in this class. These contested goods (except their parts and fittings) are identical to the opponent’s household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes because they are covered by or overlap with these opponent’s goods.

As regards the contested parts and fittings for all the aforesaid goods, some of these goods have been compared above and the remaining ones are considered at least similar to a low degree to the opponent’s goods in Class 21. This is because, they may be distributed through the same distribution channels and target the same end users or be produced by the same companies.

Contested goods in Class 24

The contested goods in this class fall under one of the following categories: textiles and textile goods, not included in other classes; bed and table covers, as well as plastic fabrics and goods made thereof, parts and fittings for goods in this class. The contested goods falling into these categories are all identical to the opponent’s textiles and textile goods, not included in other classes; bed covers; table covers and the items in the alphabetical list of Class 24 that do not fall within the natural and usual meaning of the general indications, listed above, either because they appear identically in both lists (including synonyms) or because the goods of the earlier right are included in or overlap with the contested goods or vice versa.

Contested goods in Class 25

The contested goods in this class fall under one of the following categories: clothing, footwear, headgear, as well as hat frames [skeletons], parts, fittings and accessories for goods in this class. They are identical to the opponent’s clothing, footwear, headgear and the items in the alphabetical list of Class 25 that do not fall within the natural and usual meaning of the general indications, listed above, either because they appear identically in both lists (including synonyms) or because the goods of the earlier right are included in or overlap with the contested goods or vice versa.

Contested goods in Class 27

The contested carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile); artificial turf; automobile carpets; bath mats; carpet underlay; door mats; floor coverings; gymnasium mats; linoleum; mats; mats of woven rope for ski slopes; non-slip mats; reed mats; rugs; textile wallpaper; vinyl floor coverings; wall hangings, not of textile; wallpaper; play mats; exercise mats; yoga mats; birthing mats; parts and fittings for all the aforesaid have some aspects in common with the opponent’s furniture in Class 20 or gymnastic and sporting articles in Class 28. The goods under comparison may share the same intended purpose (namely that of furnishing and decorating home as carpets, rugs, mats, various materials for covering floors, non-textile wall hangings and furniture are often matched to harmonise the overall appearance of the house). Furthermore, they can coincide in end user and distribution channels. Therefore, it is considered that these goods are similar to various degrees.

Contested goods in Class 28

The contested goods in this class fall under one of the following categories: games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees; festive decorations and accessories and fairground ride apparatus.

The contested games and playthings; gymnastic and sporting articles not included in other classes (albeit in a slightly different wording) are included in both specifications and are therefore identical.

The contested goods falling into the category of games and playthings; gymnastic and sporting articles not included in other classes are identical to the opponent’s games and playthings; gymnastic and sporting articles, because they are covered by or overlap with these opponent’s goods.

The contested goods falling into the category of decorations for Christmas trees (e.g. ornaments for Christmas trees, except illumination articles and confectionery, candle holders for Christmas trees) and some of the contested goods falling into category of festive decorations and accessories, namely Christmas tree stands; Christmas trees of synthetic material have some points of connection with the opponent’s goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics in Class 20, as the opponent’s goods include home decorative objects such as figurines, statuettes, mobiles for decoration of these materials. Considering the various materials of the opponent’s goods and the diverse appearance of decorations for Christmas trees, the nature of the goods is similar. Moreover, they share the purpose of decorating the household, target the same end users and are likely to be found in the same interior design shops or in the same parts of department stores. Therefore, and despite the fact that decorations for Christmas trees, Christmas tree stands; Christmas trees are in principle used in a specific time of the year, there is a low degree of similarity with the abovementioned opponent’s goods.

The remaining contested goods falling into category of festive decorations and accessories, namely confetti; novelties for parties, dances [party favors, favours]; paper party hats, balloons are considered to be similar to the opponent’s goods made from paper in Class 16. Confetti refers to small, (usually) rounded discs of coloured paper that are thrown at a bride and bridegroom at weddings for example, whereas novelties for parties, dances [party favors, favours]; paper party hats encompasses a number of goods such as party invitations or cards, hats, crackers, party decorations and tableware as well as a multitude of items given to party goers. All these items usually are or can be made from paper. Therefore, the goods under comparison can share the same nature, be sold through the same distribution channels and can derive from the same undertakings. They can also be aimed at the same consumer.

The contested fairground ride apparatus is a large mechanical device or structure found in amusement parks that moves people to create enjoyment. It is dissimilar to any of the opponent’s goods in all the classes. The goods in question differ in nature and purpose. They are not distributed through the same channels and are usually provided by different companies. They are neither complementary nor in competition.

Contested services in Class 35

Preliminary remark: since the contested list in Class 35 is particularly long, the Opposition Division has divided the contested services into six groups, following the order in which they are listed in the specification.

(1)

The contested services advertising; business management; business administration; office functions; accounting; accounts (drawing up of statements of -); administrative processing of purchase orders; advertising by mail order; arranging newspaper subscriptions for others; arranging subscriptions to telecommunication services for others; auctioneering; auditing; bill-posting; business appraisals; business consultancy (professional -); business information; business inquiries; business investigations; business management and organization consultancy; business management assistance; business management consultancy; business management of hotels; business management of performing artists; business management of sports people; business organization consultancy; business research; commercial administration of the licensing of the goods and services of others; commercial information agencies; commercial information and advice for consumers [consumer advice shop]; commercial or industrial management assistance; compilation of information into computer databases; compilation of statistics; cost price analysis; data search in computer files for others; demonstration of goods; direct mail advertising; dissemination of advertising matter; distribution of samples; document reproduction; economic forecasting; efficiency experts; employment agencies; fashion shows for promotional purposes (organization of -); file management (computerized -); import-export agencies; invoicing; layout services for advertising purposes; management (advisory services for business -); marketing; marketing research; marketing studies; modelling for advertising or sales promotion; news clipping services; office machines and equipment rental; on-line advertising on a computer network; opinion polling; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; outsourcing services [business assistance]; payroll preparation; personnel management consultancy; personnel recruitment; photocopying services; presentation of goods on communication media, for retail purposes; price comparison services; procurement services for others [purchasing goods and services for other businesses]; production of advertising films; psychological testing for the selection of personnel; public relations; publication of publicity texts; publicity; publicity agencies; publicity columns preparation; publicity material rental; radio advertising; relocation services for businesses; rental of advertising space; rental of advertising time on communication media; rental of photocopying machines; rental of vending machines; sales promotion for others; secretarial services; shop window dressing; shorthand; sponsorship search; systemization of information into computer databases; tax preparation; telemarketing services; telephone answering for unavailable subscribers; television advertising; transcription; typing; updating of advertising material; word processing; writing of publicity texts are dissimilar to the opponent’s goods in all the classes since they have no relevant aspects in common. They differ in their nature and purpose, they are neither complementary nor in competition with each other. Furthermore, normally they are produced (provided) by different companies and are distributed through different distribution channels.

(2)

It must be noted that retail and online services concerning the sale of particular goods are similar to a low degree to these particular goods. In other words, this similarity between retail services of specific goods covered by one mark and specific goods covered by the other mark can only be found where the retailed goods and the specific goods covered by the other mark are identical. Although the nature, purpose and method of use of these goods and services are not the same, they have some similarities, as they are complementary and the services are generally offered in the same places where the goods are offered for sale. Furthermore, they target the same public.

Consequently, the contested retail and online services in connection with the sale of bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, abrasive cloth, preparations for the hair and for the care of the skin (non-medicated), toiletries for babies and infants (non-medicated), non-medicated creams for the prevention and treatment of nappy rash, petroleum jelly (for cosmetic purposes), pre-impregnated wipes and towels with personal cleansing and/or cosmetic lotions, pre-impregnated wipes and towels for the treatment and prevention of nappy rash, pre-impregnated wipes and towels for hygienic purposes (personal use), hygienic wipes and towels for cleaning purposes (household use), skin creams, skin balms, body lotions, body oils, body butters, baby lotion, baby oil, nipple creams and balms, lotions, creams and gels for treatment of stretch marks, moisturising gels, soaps, bar soaps, liquid soaps, shampoo, hair conditioner, all in one bath and hair cleansers, bath and shower gels and foams, talcum powder, liquid talc, baby massage oil, sunscreen, sun protection oils, lotions, creams and gels, after-sun oils, lotions, creams and gels, toothpaste, mouthwash, cosmetic products, lip balms, cotton sticks, cotton wool, medicated soaps, medicated shampoo, medicated hair conditioner, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for humans and animals, plasters, disinfectants, preparations for destroying vermin, fungicides, feminine hygiene products, panty liners, sanitary towels, tampons, maternity towels, pants for feminine hygiene, sanitary briefs, incontinence pads, incontinence pants, nappies, disposable nappies, disposable nappies made of cellulose, disposable nappies made of paper, nappies for incontinents, cotton wool for pharmaceutical purposes, cotton wool in the form of buds for medical use, towels impregnated with medicated or disinfectant lotions, impregnated antiseptic wipes, impregnated medicated wipes, petroleum jelly (for medical purposes), skin care creams for medical use, medicated creams, babies' creams (medicated), medicated skin creams, nappy cream (medicated), sanitising wipes, moist wipes impregnated with a pharmaceutical lotion, antiseptic wipes, baby wipes, medicated balms, teething gel, medicated nipple creams, hand tools and implements (hand-operated), cutlery, side arms, cutlery for use with babies, children and infants, forks, knives, spoons, disposable tableware (cutlery) made of plastics, soft-tip spoons for use with babies, infants and children, scientific, nautical, photographic, cinematographic, optical, weighing, measuring, checking (supervision), life-saving and teaching apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, cash registers, calculating machines, data processing equipment, computers, recorded media including computer software, DVDs, CD-ROMS, baby monitors, thermometers, buoyancy aids, surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, Orthopaedic articles, feeding bottles, feeding bottle teats, teats for babies, infants and children, re-usable and disposable teats for bottles and drinking cups for babies, infants and children, spoons for administering medicine, incubators for babies, gloves for medical purposes, maternity belts, medical physical exercise apparatus, incontinence sheets for babies, infants and children and adults, surgical and medical sponges, medical thermometers (electrical, and/or non-electrical, and/or digital), teething rings, teethers and teething rattles, pacifiers, baby soothers, nursing appliances for use in breast feeding, medicine syringes, medicine dispensers, and nasal aspirators, apparatus for lighting, heating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, steam generation devices, apparatus and equipment, cookers and cooking appliances, stoves, cooker guards, ionisation, purifying and deodorising apparatus and machines, vaporisers, disinfectant distributors and dispensers for sanitary purposes, heaters for feeding bottles and heating plates, baby food heaters, solar collectors and thermoelectric heating and cooling devices, hot water bottles, foot warmers, cooling appliances and devices and installations, beverage and liquid cooling apparatus and devices, baths, shower baths, bath fittings, toilet seats and portable sanitary installations, sanitary apparatus and installations, toilet seat adaptors and toilet seat adaptors for children, steriliser and sterilisation apparatus and equipment, sterilisers for babies' feeding bottles, disposable sterilisation pouches, electric kettles, steam sterilisation devices, UV sterilisation devices, travel sterilising devices for babies' bottles and feeding equipment, water sterilizers, water purification installations, disinfecting apparatus, lights for babies, infants and children, car seats, pushchairs, prams, strollers, wheeled trolleys, transporters and buggies, baby walkers, perambulators incorporating carry cots, rain covers for pushchairs, prams, strollers, transporters and buggies, harnesses for prams, harnesses for use with pushchairs, tricycles, bicycles, booster seats, vehicle safety apparatus for children, paper, cardboard and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, instructional and teaching material (except apparatus), paper, cardboard and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, paper products for household and sanitary use, such as kitchen and bath towels, kitchen rolls, napkins, handkerchiefs, toilet paper, paper wipes, paper towels, printed matter, including printed publications, magazines, brochures, leaflets, coupons and vouchers postcards, stationery, disposable nappies made of paper and/or cellulose, books for babies, infants and children, printed guides, printed guides relating to parenting and new born babies, packs containing printed matter relating to new born babies and parenting advice, leaflets, leaflets relating to new born babies and parenting advice, activity books, colouring books, books for babies, infants and children, sticker books, stickers, photograph albums, calendars, diaries, diaries relating to babies' progress, planners (printed) relating to babies and infants, birthing diaries (printed matter), birthing planners (printed matter), bags made of leather, bags made of imitation leather, nappy and changing bags, harnesses for babies, baby carriers, baby carriers worn on the body, infant carriers worn on the body, chairs, tables, mats for infant playpens, toy chests, decorative mobiles, pillows, desks, bedroom furniture, non-metal key rings, hand-held mirrors, wind chimes, high chairs, high chairs for babies, babies' cradles, children's cradles, bouncing cradles, cots, cots for use by children and infants, cribs, nursery cots, safety cots, travel cots, bedding for cots (other than bed linen), sleeping bags, sleeping bags for babies, expandable safety gates for door openings, expandable safety gates for stairs, support pillows for use in baby car safety seats, baby changing mats, brushes and combs (not included in other classes), cups, bowls, plates, tea sets, lunchboxes, plastic cups, plastic bowls, plastic plates, beakers, sippers, snack-pods, snack-pots, food-pots, egg-cups, thermally insulated containers for food, thermally insulated flasks, thermally insulated containers for drink, basins (bowels), dishes for microwave ovens, baby baths, portable baby baths for babies and infants, blenders for food preparation (non electric), bath seats for babies, potties and toilet potties, toilet seat trainers, brushes for cleaning bottles, textile gloves for cleaning, toothbrushes, toothbrush holders, hair brushes, nail brushes, wash bags, textiles for making clothing, duvets, table cloths, bed covers, duvet covers, pillow covers, bath linen, bed canopies, curtains, blankets, bed blankets made of cotton, bed blankets made of wool, bed blankets made of man-made fibres, blankets for babies, cot blankets, lap blankets, children's blankets, travel blankets, towel blankets, hooded towels, hooded towels for babies, face towels, children's towels, sleeping bags, sleeping bags for babies, clothing, footwear, headgear, baby grows, cloth bibs, dressing gowns, onesies, sleepsuits, bodysuits, rompers, pramsuits, mittens for babies, mittens for infants, hats for babies, hats for infants, booties, earmuffs, socks, games and playthings, gymnastic and sporting articles not included in other classes, children's toys, stuffed toy animals, soft toys, toy bakeware and cookware, bath toys, bean bags, snow globes, music box toys, dolls, porcelain dolls, bean bag dolls, paper dolls, puppets, collectible toy figures, doll houses, doll furniture, accessories for dolls, clothing for dolls, dolls for playing, educational playthings are similar to a low degree with the following goods covered by the earlier mark: bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices (in Class 3), pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for humans and animals, plasters, disinfectants, preparations for destroying vermin, fungicides (in Class 5), hand tools and implements (hand-operated), cutlery, forged knives (in Class 8), photographic, cinematographic, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, data processing equipment, computers (in Class 9), surgical, medical, dental apparatus and instruments, orthopaedic articles; baby bottles; drinking bottles for infants and babies; bottle nipples; biting rings for teething relief; pacifiers for infants; biting rings; milk pumps; hot and cold compresses; thermometers for medical purposes; cushions with heat reservoir, for medical purposes; inhalers; pacifier chains (in Class 10), apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes and the items in the alphabetical list of Class 11 that do not fall within the natural and usual meaning of the general indications, listed above, (in Class 11), vehicles; apparatus for locomotion by land, air or water and the items in the alphabetical list of Class 12 that do not fall within the natural and usual meaning of the general indications, listed above (in Class 12), paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; instructional and teaching material (except apparatus) (in Class 16), leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; child carrying bags and the items in the alphabetical list of Class 18 that do not fall within the natural and usual meaning of the general indications, listed above (in Class 18), furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics and the items in the alphabetical list of Class 20 that do not fall within the natural and usual meaning of the general indications, listed above (in Class 20), household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes (in Class 21), textiles and textile goods, not included in other classes; bed covers; table covers and the items in the alphabetical list of Class 24 that do not fall within the natural and usual meaning of the general indications, listed above (in Class 24), clothing, footwear, headgear and the items in the alphabetical list of Class 25 that do not fall within the natural and usual meaning of the general indications, listed above (in Class 25), games and playthings; gymnastic and sporting articles not included in other classes (in Class 28).

(3)

However, the condition to find a low degree of similarity between the retail services of specific goods covered by the contested mark and specific goods covered by the earlier mark, namely the identity between the retailed goods and the specific goods, is not fulfilled for the retail and online services in connection with the sale of materials for dressings, material for stopping teeth, dental wax, herbicides, razors, nail clippers, cases for cutlery, surveying and signalling apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, mechanisms for coin-operated apparatus, computer software, fire-extinguishing apparatus, educational programmes, films, films bearing recorded educational material, educational software, children's educational software, downloadable publications, downloadable electronic publications, safety caps, safety covers for electrical equipment and apparatus, safety alarms, children's safety gates, eyewear, protective eyewear, visors and hats, sunglasses, inflatable arm-bands, artificial eyes and teeth, suture materials, birthing mats, plastic and/or paper bags and wraps for disposal of hospital waste, disposable bags and precursors therefor for hospital waste, breast shields, breast shells, nipple shields, nipple protectors, paint brushes, typewriters and office requisites (except furniture), plastic materials for packaging (not included in other classes), printers' type, printing blocks, play mats, exercise mats, yoga mats, balloons, parts and fittings for all the aforesaid goods.

Moreover, the last contested term of the previous paragraph, parts and fittings for all the aforesaid goods, not only refers to all of the retailed goods mentioned in the previous paragraph but also to the retailed goods listed in section (2), namely bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, abrasive cloth, preparations for the hair and for the care of the skin (non-medicated), toiletries for babies and infants (non-medicated), non-medicated creams for the prevention and treatment of nappy rash, petroleum jelly (for cosmetic purposes), pre-impregnated wipes and towels with personal cleansing and/or cosmetic lotions, pre-impregnated wipes and towels for the treatment and prevention of nappy rash, pre-impregnated wipes and towels for hygienic purposes (personal use), hygienic wipes and towels for cleaning purposes (household use), skin creams, skin balms, body lotions, body oils, body butters, baby lotion, baby oil, nipple creams and balms, lotions, creams and gels for treatment of stretch marks, moisturising gels, soaps, bar soaps, liquid soaps, shampoo, hair conditioner, all in one bath and hair cleansers, bath and shower gels and foams, talcum powder, liquid talc, baby massage oil, sunscreen, sun protection oils, lotions, creams and gels, after-sun oils, lotions, creams and gels, toothpaste, mouthwash, cosmetic products, lip balms, cotton sticks, cotton wool, medicated soaps, medicated shampoo, medicated hair conditioner, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for humans and animals, plasters, disinfectants, preparations for destroying vermin, fungicides, feminine hygiene products, panty liners, sanitary towels, tampons, maternity towels, pants for feminine hygiene, sanitary briefs, incontinence pads, incontinence pants, nappies, disposable nappies, disposable nappies made of cellulose, disposable nappies made of paper, nappies for incontinents, cotton wool for pharmaceutical purposes, cotton wool in the form of buds for medical use, towels impregnated with medicated or disinfectant lotions, impregnated antiseptic wipes, impregnated medicated wipes, petroleum jelly (for medical purposes), skin care creams for medical use, medicated creams, babies' creams (medicated), medicated skin creams, nappy cream (medicated), sanitising wipes, moist wipes impregnated with a pharmaceutical lotion, antiseptic wipes, baby wipes, medicated balms, teething gel, medicated nipple creams, hand tools and implements (hand-operated), cutlery, side arms, cutlery for use with babies, children and infants, forks, knives, spoons, disposable tableware (cutlery) made of plastics, soft-tip spoons for use with babies, infants and children, scientific, nautical, photographic, cinematographic, optical, weighing, measuring, checking (supervision), life-saving and teaching apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, cash registers, calculating machines, data processing equipment, computers, recorded media including computer software, DVDs, CD-ROMS, baby monitors, thermometers, buoyancy aids, surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, Orthopaedic articles, feeding bottles, feeding bottle teats, teats for babies, infants and children, re-usable and disposable teats for bottles and drinking cups for babies, infants and children, spoons for administering medicine, incubators for babies, gloves for medical purposes, maternity belts, medical physical exercise apparatus, incontinence sheets for babies, infants and children and adults, surgical and medical sponges, medical thermometers (electrical, and/or non-electrical, and/or digital), teething rings, teethers and teething rattles, pacifiers, baby soothers, nursing appliances for use in breast feeding, medicine syringes, medicine dispensers, and nasal aspirators, apparatus for lighting, heating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, steam generation devices, apparatus and equipment, cookers and cooking appliances, stoves, cooker guards, ionisation, purifying and deodorising apparatus and machines, vaporisers, disinfectant distributors and dispensers for sanitary purposes, heaters for feeding bottles and heating plates, baby food heaters, solar collectors and thermoelectric heating and cooling devices, hot water bottles, foot warmers, cooling appliances and devices and installations, beverage and liquid cooling apparatus and devices, baths, shower baths, bath fittings, toilet seats and portable sanitary installations, sanitary apparatus and installations, toilet seat adaptors and toilet seat adaptors for children, steriliser and sterilisation apparatus and equipment, sterilisers for babies' feeding bottles, disposable sterilisation pouches, electric kettles, steam sterilisation devices, UV sterilisation devices, travel sterilising devices for babies' bottles and feeding equipment, water sterilizers, water purification installations, disinfecting apparatus, lights for babies, infants and children, car seats, pushchairs, prams, strollers, wheeled trolleys, transporters and buggies, baby walkers, perambulators incorporating carry cots, rain covers for pushchairs, prams, strollers, transporters and buggies, harnesses for prams, harnesses for use with pushchairs, tricycles, bicycles, booster seats, vehicle safety apparatus for children, paper, cardboard and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, instructional and teaching material (except apparatus), paper, cardboard and goods made from these materials, not included in other classes, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, paper products for household and sanitary use, such as kitchen and bath towels, kitchen rolls, napkins, handkerchiefs, toilet paper, paper wipes, paper towels, printed matter, including printed publications, magazines, brochures, leaflets, coupons and vouchers postcards, stationery, disposable nappies made of paper and/or cellulose, books for babies, infants and children, printed guides, printed guides relating to parenting and new born babies, packs containing printed matter relating to new born babies and parenting advice, leaflets, leaflets relating to new born babies and parenting advice, activity books, colouring books, books for babies, infants and children, sticker books, stickers, photograph albums, calendars, diaries, diaries relating to babies' progress, planners (printed) relating to babies and infants, birthing diaries (printed matter), birthing planners (printed matter), bags made of leather, bags made of imitation leather, nappy and changing bags, harnesses for babies, baby carriers, baby carriers worn on the body, infant carriers worn on the body, chairs, tables, mats for infant playpens, toy chests, decorative mobiles, pillows, desks, bedroom furniture, non-metal key rings, hand-held mirrors, wind chimes, high chairs, high chairs for babies, babies' cradles, children's cradles, bouncing cradles, cots, cots for use by children and infants, cribs, nursery cots, safety cots, travel cots, bedding for cots (other than bed linen), sleeping bags, sleeping bags for babies, expandable safety gates for door openings, expandable safety gates for stairs, support pillows for use in baby car safety seats, baby changing mats, brushes and combs (not included in other classes), cups, bowls, plates, tea sets, lunchboxes, plastic cups, plastic bowls, plastic plates, beakers, sippers, snack-pods, snack-pots, food-pots, egg-cups, thermally insulated containers for food, thermally insulated flasks, thermally insulated containers for drink, basins (bowels), dishes for microwave ovens, baby baths, portable baby baths for babies and infants, blenders for food preparation (non electric), bath seats for babies, potties and toilet potties, toilet seat trainers, brushes for cleaning bottles, textile gloves for cleaning, toothbrushes, toothbrush holders, hair brushes, nail brushes, wash bags, textiles for making clothing, duvets, table cloths, bed covers, duvet covers, pillow covers, bath linen, bed canopies, curtains, blankets, bed blankets made of cotton, bed blankets made of wool, bed blankets made of man-made fibres, blankets for babies, cot blankets, lap blankets, children's blankets, travel blankets, towel blankets, hooded towels, hooded towels for babies, face towels, children's towels, sleeping bags, sleeping bags for babies, clothing, footwear, headgear, baby grows, cloth bibs, dressing gowns, onesies, sleepsuits, bodysuits, rompers, pramsuits, mittens for babies, mittens for infants, hats for babies, hats for infants, booties, earmuffs, socks, games and playthings, gymnastic and sporting articles not included in other classes, children's toys, stuffed toy animals, soft toys, toy bakeware and cookware, bath toys, bean bags, snow globes, music box toys, dolls, porcelain dolls, bean bag dolls, paper dolls, puppets, collectible toy figures, doll houses, doll furniture, accessories for dolls, clothing for dolls, dolls for playing, educational playthings.

The contested retail and online services in connection with the sale of the goods referred to in this section are dissimilar to the opponent’s goods in all the classes. They differ in their nature and purpose. They are neither complementary nor in competition. Finally, they do not share the same distribution channels and their producers or providers do not coincide.

(4)

The contested services ‘the bringing together, for the benefit of others, of a variety of specific goods, enabling customers to conveniently view and purchase those goods from a supermarket or hypermarket or mini-market or from a general merchandise catalogue by mail order, or by means of telecommunications or from a general merchandise Internet website’ are broadly speaking retail services. Therefore, the reasoning of point (2) applies, namely that retail services concerning the sale of particular goods are similar to a low degree to these particular goods.

Consequently, the contested the bringing together, for the benefit of others, of a variety of clothing, footwear, headgear, paper goods, printed matter, leather goods, luggage, bags, travel goods, goods for carrying and transporting babies, infants and children, furniture, furnishings, textiles, games, toys, games, playthings, sporting articles, foods and drink and other goods for human consumption or for making goods for human consumption, non-alcoholic beverages, health and beauty articles, toiletries, cosmetics, baby articles, baby feeding apparatus and instruments, maternity apparatus and instruments, feminine hygiene products, cleaning articles, laundry articles, pharmacy goods, machines and equipment for household use, cleaning apparatus, lighting apparatus and instruments, heating apparatus and instruments, cooking apparatus and instruments, refrigerating apparatus and instruments, kitchenware, hand tools, cutlery, photographic equipment, domestic electrical and electronic equipment including white goods, household goods, household containers and utensils, kitchenware, do-it-yourself equipment, gardening equipment, enabling customers to conveniently view and purchase those goods from a supermarket or hypermarket or mini-market or from a general merchandise catalogue by mail order, or by means of telecommunications or from a general merchandise Internet website are similar to a low degree to the following opponent’s goods: clothing, footwear, headgear (in Class 25), goods made from paper these materials, printed matter (in Class 16), goods made of leather and imitations of leather; trunks and travelling bags; child carrying bags (in Class 18), furniture, goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics (Class 20) textiles and textile goods (in Class 24), games and playthings; gymnastic and sporting articles (in Class 28), the goods in Class 29, non-alcoholic drinks (in Class 32), bleaching preparations and other substances for laundry use, cosmetics (in Class 3), medical apparatus and instruments, baby bottles; bottle nipples; biting rings; milk pumps (in Class 10), pharmaceutical preparations; sanitary preparations for medical purposes (in Class 5), household or kitchen utensils and containers, articles for cleaning purposes (in Class 21), hand tools and implements (hand-operated), cutlery (in Class 8), apparatus for lighting, heating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes (Class 11), photographic apparatus and instruments (in Class 9).

(5)

Consequently, these contested services are dissimilar to all the opponent’s goods in all the classes. They differ in their nature, and purpose. They are neither complementary nor in competition. Finally, they do not share the same distribution channels and their producers or providers do not coincide.

(6)

The remaining contested services in Class 35, namely provision of information to customers and advice or assistance in the selection of goods brought together as above, advertising and promotional services, dissemination of advertising and promotional materials, direct mail advertising services, market research and marketing services, distribution of samples, shop window dressing, accounting commercial administration of the licensing of the goods and services of others, commercial information and advice for consumers (consumer advice shop), employment agencies; telephone answering for unavailable subscribers; payroll preparation; price comparison services; presentation of goods on communication media, for retail purposes; rental of advertising space; rental of photocopy and vending machines; business management; management of a retail store and or supermarket; cost price analysis; information, advisory and consultancy services relating to the aforesaid are also dissimilar to the opponent’s goods in all the classes since they have no relevant aspects in common. They differ in their nature and purpose. They are neither complementary nor in competition with each other. Furthermore, normally they are produced (provided) by different companies and are distributed through different distribution channels.

Contested services in Class 41

The contested education; providing of training, as well as goods falling under these categories, namely academies [education]; animal training; arranging and conducting of colloquiums; arranging and conducting of conferences; arranging and conducting of congresses; arranging and conducting of seminars; arranging and conducting of symposiums; arranging and conducting of workshops [training]; boarding schools; coaching [training]; correspondence courses; education information; educational examination; nursery schools; physical education; practical training [demonstration]; religious education; tuition; vocational guidance [education or training advice]; vocational retraining are similar to the opponent’s printed matter (in Class 16). The goods and services under comparison may be complementary. They are aimed at the same consumers and may be provided through the same distribution channels. Moreover, companies, which offer training or educational services often produce various printed matter, including publications, instructional and teaching publication, accompanying a course themselves and make this available to the trainees.

The contested bookmobile services, lending libraries are similar to a low degree to the opponent’s printed matter (in Class 16) as they can be complementary. Moreover, they target the same relevant public and may be provided through the same distribution channels.

The remaining contested goods in Class 41, namely entertainment; sporting and cultural activities; amusement parks; amusements; arranging and conducting of concerts; arranging of beauty contests; booking of seats for shows; calligraphy services; casino facilities [gambling] (providing -); cinema presentations; circuses; club services [entertainment or education]; conducting fitness classes; disc jockey services; discotheque services; dubbing; electronic desktop publishing; entertainer services; entertainment information; fashion shows for entertainment purposes (organization of -); film production, other than advertising films; gambling; game services provided on-line from a computer network; games equipment rental; golf facilities (providing -); gymnastic instruction; health club services [health and fitness training]; holiday camp services [entertainment]; language interpreter services; layout services, other than for advertising purposes; live performances (presentation of -); microfilming; modelling for artists; movie studios; museum facilities (providing -) [presentation, exhibitions]; music composition services; music-halls; news reporters services; night clubs; operating lotteries; orchestra services; organization of balls; organization of competitions [education or entertainment]; organization of exhibitions for cultural or educational purposes; organization of shows [impresario services]; organization of sports competitions; party planning [entertainment]; personal trainer services [fitness training]; photographic reporting; photography; production of music; production of radio and television programmes; production of shows; providing amusement arcade services; providing karaoke services; providing on-line electronic publications, not downloadable; providing sports facilities; publication of books; publication of electronic books and journals on-line; publication of texts, other than publicity texts; radio entertainment; recording studio services; recreation facilities (providing -); recreation information; rental of audio equipment; rental of camcorders; rental of cine-films; rental of lighting apparatus for theatrical sets or television studios; rental of movie projectors and accessories; rental of radio and television sets; rental of show scenery; rental of skin diving equipment; rental of sound recordings; rental of sports equipment, except vehicles; rental of sports grounds; rental of stadium facilities; rental of stage scenery; rental of tennis courts; rental of video cassette recorders; rental of videotapes; scriptwriting services; sign language interpretation; sport camp services; subtitling; television entertainment; theatre productions; ticket agency services [entertainment]; timing of sports events; toy rental; translation; videotape editing; videotape film production; videotaping; writing of texts, other than publicity texts; zoological garden services; education services relating to health; provision of training in the field of health care and nutrition; provision of training in the field of pregnancy and baby care; information, advisory and consultancy services relating to the aforesaid as well as information, advisory and consultancy services relating to academies [education]; animal training; arranging and conducting of colloquiums; arranging and conducting of conferences; arranging and conducting of congresses; arranging and conducting of seminars; arranging and conducting of symposiums; arranging and conducting of workshops [training]; boarding schools; bookmobile services; coaching [training]; correspondence courses; education information; educational examination; lending libraries; nursery schools; physical education; practical training [demonstration]; religious education; tuition; vocational guidance [education or training advice]; vocational retraining are dissimilar from all the goods covered by the earlier mark. Besides having a different nature and purpose, they also differ in their producers and distribution channels. Furthermore, they are neither complementary nor in competition.

Contested services in Class 44

The contested medical services, dentistry, plastic surgery, information, advisory and consultancy services relating to the aforesaid are similar to a low degree to the opponent’s surgical, medical, dental apparatus and instruments, orthopaedic articles in Class 10, as they have the same purpose, that is to improve people’s or animals’ health, they can have the same end users and they are complementary (see judgment of 18/10/2007, T-425/03, ‘AMS Advanced Medical Services /AMS et al.’, paragraph 60). The same reasoning applies when comparing the contested veterinary services, veterinary assistance, opticians' services, information, advisory and consultancy services relating to the aforesaid to the opponent’s orthopaedic articles and medical apparatus and instruments, in Class 10, to the extent that the later include veterinary and optical apparatus and instruments. Consequently, the abovementioned goods are considered similar to a low degree.

The contested hygienic and beauty care for human beings, aromatherapy services, beauty salons, hairdressing salons, health spa services; manicuring; massage; public baths for hygiene purposes; sauna services; solarium services; therapy services; Turkish baths; visagists' services, information, advisory and consultancy services relating to the aforesaid are similar to the opponent’s cosmetics, essential oils, body care preparations, shampoos in Class 3, as they have the same purpose, namely to improve people’s appearance and hygiene and target the same relevant public. Furthermore, the goods and services at issue may have the same distribution channels. The undertakings providing the contested services, such as wellness and beauty centres, hair salons may also offer ‘beauty products’ to their clients, as it is common practice for these establishments to sell various products for further home treatments. These products can be the same as those already applied during a beauty session in one of these centres. Moreover, the goods and services are complementary to each other, as it can be necessary to use the opponent’s products to perform the contested services.

Similar reasoning applies when comparing the contested hygienic and beauty care for animals, animal grooming, pet grooming, information, advisory and consultancy services relating to the aforesaid to the opponent’s cosmetics, shampoos in Class 3; in fact, cosmetics, shampoos are products that can be employed for animal care. It follows that the goods and the contested services have the same purpose (to improve animals’ appearance and hygiene) and they are complementary to each other, as the opponent’s products are necessary to provide the applicant’s services. Moreover, they target the same relevant public and may have the same distribution channels. Therefore, the goods and services under comparison are similar.

The contested agriculture, horticulture and forestry services, aquaculture services, gardening, landscape gardening, tree planting for carbon offsetting purposes; aerial and surface spreading of fertilizers and other agricultural chemicals, lawn care, vermin exterminating for agriculture, horticulture and forestry; plant nurseries; weed killing, information, advisory and consultancy services relating to the aforesaid are similar to a low degree to the opponent’s preparations for destroying vermin in Class 5, as they share the same purpose and are complementary. Moreover, they are likely to be provided (distributed) through the same distribution channels and target the same relevant public.

The contested pharmacists' services to make up prescriptions; pharmacy advice, information, advisory and consultancy services relating to the aforesaid are similar to a low degree to the opponent’s pharmaceutical and veterinary preparations in Class 5 as these goods are complementary, they target the same relevant public and are provided through the same distribution channels. Indeed, the applicant’s services can be rendered in the same stores where the opponent’s goods are sold, namely pharmacies.

The remaining contested services, namely artificial insemination services; blood bank services; chiropractics; hair implantation; in vitro fertilization services; health care; health centers; hospices; hospitals; medical assistance; medical clinic services; midwife services; nursing homes; nursing, medical; physiotherapy; rehabilitation for substance abuse patients, telemedicine services; advisory services relating to health; providing healthcare information relating to health, pregnancy and parenting; rest homes; sanatoriums, information, advisory and consultancy services relating to the aforesaid, mostly consist of or relate to medical services, intended to improve the health of patients. These services are considered to be similar to a low degree to the opponent’s medical apparatus and instruments or orthopedic articles in Class 10. The services are, unlike the goods, intangible and have a different nature but, nevertheless, both serve the same purpose: to facilitate the better health of the relevant public. Furthermore, the goods at issue are complementary to the contested services and can target the same end users.

The contested medical equipment rental, information, advisory and consultancy services relating to the aforesaid are similar to various degrees to the opponent’s surgical, medical apparatus and instruments in Class 10. It is not unusual for an undertaking manufacturing these goods to rent this equipment on a temporary basis, for example in the case of a very special type of surgery where specialised equipment is needed. The goods and services under comparison also target the same public.

The contested psychologist (services of a -), information, advisory and consultancy services relating to the aforesaid are considered to be dissimilar to all the goods covered by the earlier trade mark on which the opposition is based. The services in question consist of a particular type of medical service, concerned with the mental health of patients and rendered by specialised professionals. Although the general purpose of health care for humans is the same in relation to some of the earlier goods, the goods and services under comparison differ substantially. It is not likely that the professional providing the relevant services will also manufacture any of the opponent’s earlier goods. Furthermore, the goods and services are neither complementary nor in competition with each other. They also differ in nature and target different consumers.

The remaining contested services, namely animal breeding; farming equipment rental; flower arranging; landscape design; rental of sanitation facilities; tattooing, tree surgery; wreath making; information, advisory and consultancy services relating to the aforesaid have a different nature and purpose from the opponent’s goods in the classes. They are offered by different companies and are offered to consumers with different needs. Furthermore, they are neither complementary nor in competition with each other. Therefore, they are dissimilar.

The signs

Baby Love

Earlier trade mark

Contested sign

The relevant territory is the European Union.

For reasons of procedural economy, the Opposition Division will focus the comparison of the signs on the non-English speaking part of the relevant public.

Visually, the earlier sign is a word mark, composed of the words ‘Baby Love’, presented in a title case. In the case of word marks it is irrelevant for the purpose of the visual comparison whether they are represented in upper or lower-case letters. The contested mark is a figurative mark composed of the words ‘loves’, written in slightly stylised white lower-case characters, and ‘BABY’, written in rather standard white upper-case characters, both verbal elements being placed one above the other against the red background in a shape of a heart, containing a white line also forming a shape of a heart joined with the letter ‘l’.

The signs coincide in the word ‘BABY’, constituting an independent word, and the letters ‘LOVE’ of the remaining word in each sign, even though these words are placed differently in the signs. However, they differ in the additional elements in the contested sign, namely the letter ‘s’ at the end of the word ‘loves’, the stylisation and colours of the common letters and the additional figurative elements described above.

Aurally, irrespective of the different pronunciation rules in different parts of the relevant territory the pronunciation of the signs coincides in the sound of the common word ‘BABY’ and in the sound of the letters ‘LOVE’ (in the word ‘Love’ of the earlier mark and ‘loves’ of the contested sign), and to that extent the signs are aurally similar. The pronunciation differs in the sound of the additional letter ‘s’ in the end of the contested sign’s word ‘loves’ as well as in the fact that words containing the coinciding sounds will be pronounced in reverse order.

Conceptually, the relevant part of the public who are not familiar with English will still understand the very basic and widely used English words ‘BABY’, ‘LOVE’ and ‘LOVES’ as referring to nouns meaning respectively ‘a newborn or recently born child, infant’ and ‘an intense emotion of affection, warmth, fondness, and regard towards a person or thing’ (Collins English Dictionary). The word ‘loves’ in the contested sign may be associated with the plural form of the latter noun or as the verb meaning ‘to have a great attachment to and affection for’ (third person singular form). The contested sign’s background and line in a shape of a heart reinforce the concept conveyed by the word ‘loves’. Although the non-English speaking part of the relevant public will understand the separate words described above, it is unlikely that they will be able to perceive a clear semantic meaning in the combination of the respective words in the signs in question. Consequently, the signs are conceptually similar to the extent they both relate to the concept of a ‘baby’ and ‘love’.

Taking into account the abovementioned visual, aural and conceptual coincidences, it is considered that the signs under comparison are similar.

Distinctive and dominant elements of the signs

In determining the existence of likelihood of confusion, the comparison of the conflicting signs must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components.

As described above, the element ‘BABY’ (present in both signs) will be associated with ‘a newborn or recently born child, infant’. Bearing in mind that some of the relevant goods and services (e.g. cosmetics in Class 3, pharmaceuticals, baby food in Class 5, cutlery (as it can be adapted for children) in Class 8, babies’ bottles, teething rings in Class 10, lights for babies, infants and children in Class 11, pushchair covers; safety seats for children, for vehicles in Class 12; printed matter in Class 16, child carrying bags in Class 18, furniture, e.g. children's safety gates in Class 20, heaters for feeding bottles, non-electric in Class 21, textile goods, e.g. children's blankets, in Class 24, clothing, footwear, headgear in Class 25; birthing mats in Class 27, games and playthings in Class 28, retail services in relation to cosmetics in Class 35, education in Class 41, and hygienic and beauty care for human beings; medical services in Class 44, etc.) are or can be related to infants, children and child care generally, it is considered that this element is weak for these goods and services since it will be perceived as a mere description of those targeted by the goods or services. The public understands the meaning of the element and will not pay as much attention to this weak element as to the other more distinctive elements of the marks. Consequently, the impact of this element is limited when assessing the likelihood of confusion between the marks at issue.

The marks under comparison have no elements which could be considered clearly more dominant (visually eye‑catching) than other elements.

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.

According to the opponent, the earlier mark has been extensively used and enjoys an enhanced scope of protection. However, for reasons of procedural economy, the evidence filed by the opponent to prove this claim does not have to be assessed in the present case (see below in ‘Global assessment’).

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 in relation to any of the goods in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal, despite the presence of a weak element in the mark as stated above in section c) of this decision.

Relevant public – level 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 level of attention is likely to vary according to the category of goods or services in question.

In the present case, the goods and services found to be identical and similar to various degrees are directed at the public at large as well as at business customers with specific professional knowledge or expertise. The level of attention will vary from average to enhanced.

Global assessment, other arguments and conclusion

Some of the contested goods and services have been found to be identical, some similar to various degrees and some dissimilar to the goods covered by the earlier trade mark. The signs are visually, aurally and conceptually similar to the extent that they both contain the word ‘BABY’ and ‘LOVE, which appears as a separate word in the earlier sign and as the first four letters of the word ‘loves’ in the contested sign.

Perceivable differences between the signs mainly lie in their visual representation, whereas the aural differences are confined to the additional letter ‘s’ found at the end of the first word in the contested sign, as well as the fact that the verbal elements in which the coincidences are found appear in the signs in different (reverse) order. As regards the visual differences resulting from the stylisation and colours of the common letters and the additional figurative elements of the contested sign, these will not be of any particular influence, since it is the natural tendency of consumers to identify marks by their verbal constituents rather than by describing their figurative elements, moreover the shape of a heart in the contested sign only serves to reinforce the concept conveyed by the word ‘LOVES’ and the stylisation of the word ’loves’ of the contested sign is not particularly striking. Therefore, the similarity found between the verbal elements ‘Baby Love’ of the earlier mark and ‘loves BABY’ of the contested sign is decisive.

Indeed, the contested sign’s second word and the earlier sign’s first word , namely ‘BABY’, coincide, while the sequence of letters constituting the word ‘LOVE’ in the earlier sign coincide with the first four letters out of five of the remaining word in the contested sign. The only differing letter ‘s’ in the latter word is placed in a non-prominent position, being its last letter. It is true that the respective words in the signs are in different (reverse) order, but taking into account the fact that consumers may rarely compare the marks and rely on their imperfect recollection, this difference does not significantly influence the overall impression of similarity between the signs, resulting from the above coincidences. This finding is equally valid even in the case where the common word ‘BABY’ is weak in relation to some of the goods and services as the similarity found in the remaining verbal elements is sufficient.

In the light of all the above, the Opposition Division concludes that the identity of some goods taken together with the visual, aural and conceptual similarity of the signs, discussed above, leads to a likelihood of confusion on the part of the relevant public even with an enhanced degree of attentiveness. As far as the goods and services found to be similar, even to a low degree, are concerned, the Opposition Division is of the opinion that the similarities in the present case clearly outweigh the differences and are sufficient to find a likelihood of confusion on the part of the public (even with an enhanced degree of attentiveness) in relation to these goods and services.

It is a result of the unitary character of the Community trade mark, laid down in Article 1(2) CTMR, that an earlier Community trade mark has identical protection in all Member States. Earlier Community trade marks may therefore be relied upon to challenge any subsequent application for a trade mark which would prejudice their protection, even if this is only in relation to the perception of consumers in part of the European Union. It follows that the principle laid down in Article 7(2) CTMR, which provides that it is sufficient that an absolute ground for refusal exists in only part of the Union for a trade mark application to be refused, applies, by analogy, to a relative ground for refusal under Article 8(1)(b) CTMR.

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the public and therefore the opposition is partially well founded on the basis of the opponent’s international trade mark registration No 979 365.

It follows from the above that the contested trade mark must be rejected for the goods and services found to be identical or similar (even to a low degree) 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) CTMR, the opposition based on this article and directed at these goods and services cannot be successful.

Since the opposition is partially successful on the basis of the inherent distinctiveness of the earlier mark, there is no need to assess the enhanced degree of distinctiveness of the opposing mark due to its extensive use and reputation as claimed by the opponent and in relation to identical and similar goods and services. The result would be the same even if the earlier mark enjoyed an enhanced degree of distinctiveness.

Likewise, there is no need to assess the claimed enhanced degree of distinctiveness of the opposing mark in relation to dissimilar goods and services, as the similarity of goods and services is a sine qua non for there to be likelihood of confusion. The result would be the same even if the earlier mark enjoyed an enhanced degree of distinctiveness.

In its observations, the applicant argues that the earlier trade mark has a low distinctive character given that there are many trade marks that start with ‘BABY’ and end with ‘LOVE’. In support of its argument the applicant refers to some Community trade mark registrations.

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 start with ‘BABY’ and end with ‘LOVE’. Under these circumstances, the applicant’s claims must be set aside.

The applicant also refers to previous decisions of the Office to support its arguments. However, it must be noted that the Office is not bound by its previous decisions as each case has to be dealt with separately and with regard to its particularities.

This practice has been fully supported by the General Court which stated that it is settled case-law that the legality of decisions is to be assessed purely by reference to the CTMR, and not the Office’s practice in earlier decisions (judgment of 30/06/2004, T-281/02, ‘Mehr für Ihr Geld’).

Even though previous decisions of the Office are not binding, their reasoning and outcome should still be duly considered when deciding upon a particular case. In the case at hand, the previous cases referred to by the applicant, namely decision of 08/11/2010, R 769/2010‑2 - ‘Dermapura’ (figurative mark)/‘Purderm’, decision of 14/04/2011, R 1449/2010‑1 - ‘Barcaffe’ (figurative mark), ‘Bar Prestigo Barcaffe’ (figurative mark)/‘Cafe Bar’ (figurative mark), decision of 25/02/2003, B 311 896 are not relevant to the present proceedings. In the first case, the signs are composed of one verbal element in which their components are placed in a reversed order and, unlike in the present case, none of them appear as separate and independent elements. In the second case, similarly, the earlier marks were composed of one word, whereas the contested sign had two words and, moreover, the visual difference between the signs was considered as striking. The Board of Appeal took into account the low degree of distinctiveness of both marks and the fact that in the purchase of the contested goods in Class 30 the choice is generally made visually. The last case is not relevant to the present proceedings as the signs are not comparable.

The opponent refers also to a previous decision of the General Court, namely to the judgment of 27/01/2010, T‑331/08, ‘Solfrutta’. However, the signs ‘Solfrutta’ and ‘Frutisol’ are composed of one verbal element in which the components are placed in a reverse order and none of them appear as separate and independent elements, while in the present proceedings the similarity in both signs lies in two separate and independent verbal elements. As the circumstances of these cases are different, the cases referred to by the applicant are not relevant to the present proceedings.

The opponent has also based its opposition on the international trade mark registration No 935 598 designating the European Union, registered for the word mark ‘babylove’, in relation to the goods in Classes 3, 5, 8, 9, 10, 11, 12, 16, 18, 20, 21, 24, 25, 26, 28, 29, 30 and 32. Since this earlier mark covers a narrower scope of the goods that have been compared, the outcome cannot be different with respect to goods and services for which the opposition has already been rejected; no likelihood of confusion exists with respect to those goods and services.

COSTS

According to Article 85(1) CTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 85(2) CTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division shall decide a different apportionment of costs.

Since the opposition is successful only for part 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

Martin EBERL

Beatrix STELTER

María Belén IBARRA

DE DIEGO

According to Article 59 CTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 CTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 800 has been paid.

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