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OPPOSITION DIVISION |
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OPPOSITION No B 2 268 806
Basic Aktiengesellschaft Lebensmittelhandel, Richard-Strauss-Str. 48/1, 81677 München, Germany (opponent), represented by SKW Schwarz Rechtsanwälte, Wittelsbacherplatz 1, 80333 München, Germany (professional representative)
a g a i n s t
Albert Heijn B.V., Provincialeweg 11, 1506 MA Zaandam, the Netherlands (applicant), represented by NLO Shieldmark B.V., New Babylon City Offices, 2e étage, Anna van Buerenplein 21A, 2595DA Den Haag, the Netherlands (professional representative).
On
DECISION:
1. Opposition
No B
Class 3 (all contested goods): Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; breath freshening sprays; breath freshening strips; astringents for cosmetic purposes; scouring solutions; floor wax removers [scouring preparations]; make-up removing preparations; after-shave lotions; aloe vera preparations for cosmetic purposes; alum stones [astringents]; almond milk for cosmetic purposes; almond oil; almond soap; emery; emery cloth; emery paper; amber [perfume]; ammonia [volatile alkali] [detergent]; non-slipping liquids for floors; non-slipping wax for floors; antistatic preparations for household purposes; cake flavourings [essential oils]; aromatics [essential oils]; flavorings for beverages [essential oils]; badian essence; bath salts, not for medical purposes; balms other than for medical purposes; bergamot oil; fumigation preparations [perfumes]; preparations to make shiny the leaves of plants; laundry blueing; bleaching soda; javelle water; bleaching salts; laundry bleach; extracts of flowers [perfumes]; furbishing preparations; polish for furniture and flooring; essential oils of cedarwood; color-brightening chemicals for household purposes [laundry]; cosmetics; cosmetic kits; cosmetics for animals; cosmetic preparations for eyelashes; cosmetic creams; cosmetic dyes; eyebrow cosmetics; pomades for cosmetic purposes; cosmetic preparations for slimming purposes; cosmetic preparations for baths; sun-tanning preparations [cosmetics]; cosmetic preparations for skin care; skin whitening creams; deodorants for pets; deodorants for human beings or for animals; disinfectant soap; deodorant soap; detergents other than for use in manufacturing operations and for medical purposes; diamantine [abrasive]; cloths impregnated with a detergent for cleaning; tissues impregnated with cosmetic lotions; drying agents for dishwashing machines; dry shampoos; eau de cologne; toilet water; depilatory wax; dental bleaching gels; geraniol; shining preparations [polish]; laundry glaze; starch glaze for laundry purposes; glass cloth; sandpaper; bases for flower perfumes; hair waving preparations; hair spray; hair lotions; hair dyes; heliotropine; henna [cosmetic dye]; douching preparations for personal sanitary or deodorant purposes [toiletries]; ionone [perfumery]; jasmine oil; scale removing preparations for household purposes; adhesives for affixing false hair; adhesives for affixing false eyelashes; adhesives for cosmetic purposes; tailors' wax; beard dyes; colorants for toilet purposes; color-removing preparations; corundum [abrasive]; cleaning chalk; whiting; soda lye; washing soda, for cleaning; false nails; lavender oil; lavender water; leather preservatives [polishes]; waxes for leather; lip glosses; lipsticks; lotions for cosmetic purposes; make-up; make-up powder; make-up preparations; mascara; massage gels other than for medical purposes; medicated soap; cleansing milk for toilet purposes; carbides of metal [abrasives]; neutralizers for permanent waving; mouth washes, not for medical purposes; musk [perfumery]; nail polish; nail care preparations; nail art stickers; oils for cosmetic purposes; oils for perfumes and scents; oils for toilet purposes; depilatories; bleaching preparations [decolorants] for cosmetic purposes; preparations for unblocking drain pipes; degreasers other than for use in manufacturing processes; perfumery; perfumes; floor wax; pastes for razor strops; mint for perfumery; mint essence [essential oil]; petroleum jelly for cosmetic purposes; polishing creams; polishing preparations; polishing wax; sandcloth; smoothing preparations [starching]; polishing paper; polishing rouge; polishing stones; cosmetic pencils; potpourris [fragrances]; denture polishes; preparations for cleaning dentures; toiletries; leather bleaching preparations; dry-cleaning preparations; air fragrancing preparations; sachets for perfuming linen; shaving preparations; lacquer-removing preparations; smoothing stones; quillaia bark for washing; cleaning preparations; wallpaper cleaning preparations; oils for cleaning purposes; scented wood; scented water; rust removing preparations; rose oil; windscreen cleaning liquids; safrol; shaving stones [astringents]; shaving soap; shoe cream; cobblers' wax; shoemakers' wax; shoe polish; shoe wax; beauty masks; abrasives; abrasive paper; pumice stone; shampoos; shampoos for pets; decorative transfers for cosmetic purposes; silicon carbide [abrasive]; grinding preparations; canned pressurized air for cleaning and dusting purposes; laundry starch; talcum powder, for toilet use; dentifrices; terpenes [essential oils]; turpentine, for degreasing; oil of turpentine for degreasing; antiperspirants [toiletries]; tripoli stone for polishing; false eyelashes; paint stripping preparations; varnish-removing preparations; greases for cosmetic purposes; stain removers; essential oils of citron; essential oils of lemon; ethereal essences; ethereal oils; volcanic ash for cleaning; laundry wax; mustache wax; laundry preparations; fabric softeners for laundry use; hydrogen peroxide for cosmetic purposes; cotton wool for cosmetic purposes; cotton sticks for cosmetic purposes; laundry soaking preparations; eyebrow pencils; incense; joss sticks; gaultheria oil; cakes of soap; soap; antiperspirant soap; soap for foot perspiration; soap for brightening textile; sunscreen preparations.
Class 4 (all contested goods): Illuminants; candles and wicks for lighting; firelighters; beeswax; perfumed candles; wood spills for lighting; tapers; Christmas tree candles; wicks for candles; lamp wicks; gas for lighting; nightlights [candles]; paper spills for lighting; paraffin; stearine; illuminating grease; wax [raw material]; illuminating wax.
Class 5 (all contested goods): 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; acetates for pharmaceutical purposes; aconitine; adjuvants for medical purposes; dental impression materials; molding wax for dentists; slimming pills; repellents for dogs; decoctions for pharmaceutical purposes; albuminous preparations for medical purposes; alcohol for pharmaceutical purposes; aldehydes for pharmaceutical purposes; algicides; alginates for pharmaceutical purposes; alkaline iodides for pharmaceutical purposes; alkaloids for medical purposes; aloe vera preparations for pharmaceutical purposes; aluminium acetate for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; amino acids for medical purposes; amino acids for veterinary purposes; analgesics; anaesthetics; angostura bark for medical purposes; frostbite salve for pharmaceutical purposes; antibiotics; mothproofing preparations; mothproof paper; antioxidant pills; antiparasitic preparations; antiseptic cotton; antiseptics; anti-rheumatism bracelets; bracelets for medical purposes; aseptic cotton; bacterial preparations for medical and veterinary use; bacteriological preparations for medical and veterinary use; bath salts for medical purposes; balms for medical purposes; balsamic preparations for medical purposes; fumigation preparations for medical 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; vesicants; blood for medical purposes; blood plasma; hemostatic pencils; leeches for medical purposes; depuratives; bone cement for surgical and orthopaedic purposes; bronchodilating preparations; diabetic bread adapted for medical use; bromine for pharmaceutical purposes; tanning pills; cachou for pharmaceutical purposes; powder of cantharides; capsules for medicines; carbolineum [parasiticide]; poultices; caustics for pharmaceutical purposes; caustic pencils; cedar wood for use as an insect repellent; cellulose esters for pharmaceutical purposes; cellulose ethers for pharmaceutical purposes; chemico-pharmaceutical preparations; chemical contraceptives; chemical conductors for electrocardiograph electrodes; chemical preparations for the diagnosis of pregnancy; chemical preparations for medical purposes; chemical preparations for veterinary purposes; chemical preparations for pharmaceutical purposes; chemical preparations to treat mildew; chemical preparations to treat wheat smut; vine disease treating chemicals; chemical reagents for medical or veterinary purposes; chinoline for medical purposes; surgical tissues; surgical implants [living tissues]; hydrated chloral for pharmaceutical purposes; chloroform; cocaine; collodion for pharmaceutical purposes; compresses; condurango bark for medical purposes; solutions for contact lenses; cream of tartar for pharmaceutical purposes; creosote for pharmaceutical purposes; croton bark; anticryptogamic preparations; curare; sanitary pads; deodorants, other than for human beings or for animals; disinfectants for chemical toilets; disinfectants for hygiene purposes; deodorants for clothing and textiles; detergents for medical purposes; diastase for medical purposes; 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; tissues impregnated with pharmaceutical lotions; liquorice for pharmaceutical purposes; stick liquorice for pharmaceutical purposes; chemical preparations for treating phylloxera; bunion pads; appetite suppressant pills; appetite suppressants for medical purposes; first-aid boxes, filled; elixirs [pharmaceutical preparations]; enzymes for medical purposes; enzymes for veterinary purposes; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; esters for pharmaceutical purposes; ethers for pharmaceutical purposes; eucalyptus for pharmaceutical purposes; eucalyptol for pharmaceutical purposes; pharmaceutical preparations; pharmaceutical preparations for treating dandruff; pharmaceutical preparations for skin care; phenol for pharmaceutical purposes; ferments for pharmaceutical purposes; formic aldehyde for pharmaceutical purposes; phosphates for pharmaceutical purposes; fungicides; gallic acid for pharmaceutical purposes; gases for medical purposes; gelatine for medical purposes; medicinal herbs; medicines for alleviating constipation; remedies for perspiration; remedies for foot perspiration; medicines for human purposes; medicines for dental purposes; medicines for veterinary purposes; gentian for pharmaceutical purposes; germicides; bacterial poisons; yeast for pharmaceutical purposes; personal sexual lubricants; glucose for medical purposes; glycerine for medical purposes; glycerophosphates; gurjun [gurjon, gurjan] balsam for medical purposes; gum for medical purposes; belts for sanitary napkins [towels]; dental amalgams of gold; byproducts of the processing of cereals for dietetic or medical purposes; soil-sterilising preparations; guaiacol for pharmaceutical purposes; gamboge for medical purposes; adhesive plasters; hematogen; hemoglobin; cement for animal hooves; dog lotions; dog washes; extracts of hops for pharmaceutical purposes; hormones for medical purposes; charcoal for pharmaceutical purposes; hydrastine; hydrastinine; absorbent cotton; pants, absorbent, for incontinents; irish moss for medical purposes; panty liners [sanitary]; insect repellents; insect repellent incense; insecticides; isotopes for medical purposes; jalap; iodides for pharmaceutical purposes; iodine for pharmaceutical purposes; tincture of iodine; iodoform; jujube, medicated; potassium salts for medical purposes; preparations of lime for pharmaceutical purposes; sedatives; calomel; camphor for medical purposes; camphor oil for medical purposes; candy for medical purposes; cotton for medical purposes; chewing gum for medical purposes; cinchona for medical purposes; quinine for medical purposes; adhesive bands for medical purposes; adhesives for dentures; royal jelly for pharmaceutical purposes; febrifuges; herbal teas for medicinal purposes; medicinal infusions; quassia for medical purposes; bacteriological culture mediums; cultures of microorganisms for medical and veterinary use; mercurial ointments; lactose for pharmaceutical purposes; larvae exterminating preparations; laxatives; lecithin for medical purposes; alloys of precious metals for dental purposes; cod liver oil; preparations for reducing sexual activity; linseed meal for pharmaceutical purposes; linseed for pharmaceutical purposes; corn rings for the feet; lead water; lotions for pharmaceutical purposes; lotions for veterinary purposes; air deodorising preparations; air purifying preparations; babies' diaper-pants; babies' napkins [diapers]; diapers for pets; napkins for incontinents; lupulin for pharmaceutical purposes; sanitary towels; magnesia for pharmaceutical purposes; mangrove bark for pharmaceutical purposes; candy, medicated; medicinal alcohol; bath preparations, medicated; medicinal drinks; medicinal hair growth preparations; medicinal mud; medical preparations for slimming purposes; medicinal tea; medicinal roots; douching preparations for medical purposes; lacteal flour for babies; meal for pharmaceutical purposes; melissa water for pharmaceutical purposes; milk ferments for pharmaceutical purposes; sanitary pants; sanitary tampons; menthol; corn remedies; articles for headache; preparations for destroying noxious animals; pesticides; acaricides; mineral waters for medical purposes; mineral water salts; mineral food supplements; mud for baths; ergot for pharmaceutical purposes; moleskin for medical purposes; mouthwashes for medical purposes; mustard for pharmaceutical purposes; mustard oil for medical purposes; paper for mustard plasters; mustard plasters; malt for pharmaceutical purposes; malted milk beverages for medical purposes; preparations for destroying mice; myrobalan bark for pharmaceutical purposes; narcotics; bicarbonate of soda for pharmaceutical purposes; sodium salts for medical purposes; medicinal oils; herbicides; eyepatches for medical purposes; collyrium; opiates; opium; solvents for removing adhesive plasters; opodeldoc; opotherapy preparations; parasiticides; antiparasitic collars for animals; pearl powder for medical purposes; lozenges for pharmaceutical purposes; pectin for pharmaceutical purposes; mint for pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for pharmaceutical purposes; petroleum jelly for medical purposes; lint for medical purposes; pomades for medical purposes; porcelain for dental prostheses; preparations of trace elements for human and animal use; contact lens cleaning preparations; eye-washes; hemorrhoid preparations; preparations for the treatment of burns; preparations for callouses; anti-uric preparations; chilblain preparations; sunburn preparations for pharmaceutical purposes; preparations to facilitate teething; diagnostic preparations for medical purposes; vermin destroying preparations; propolis for pharmaceutical purposes; evacuants; pyrethrum powder; quebracho for medical purposes; rhubarb roots for pharmaceutical purposes; radioactive substances for medical purposes; radium for medical purposes; rat poison; reagent paper for medical or veterinary purposes; medicine cases, portable, filled; castor oil for medical purposes; anti-rheumatism rings; radiological contrast substances for medical purposes; smoking herbs for medical purposes; rubber for dental purposes; styptic preparations; sarsaparilla for medical purposes; barks for pharmaceutical purposes; scapulars for surgical purposes; dental abrasives; serotherapeutic medicines; serums; siccatives [drying agents] for medical purposes; tobacco-free cigarettes for medical purposes; syrups for pharmaceutical purposes; soporifics; slug exterminating preparations; liniments; semen for artificial insemination; vulnerary sponges; stem cells for medical purposes; stem cells for veterinary purposes; sterilising preparations; steroids; headache pencils; strychnine; sugar for medical purposes; sulphonamides [medicines]; tobacco extracts [insecticides]; cachets for pharmaceutical purposes; dental cements; dental amalgams; dental lacquer; dental mastics; teeth filling material; turpentine for pharmaceutical purposes; oil of turpentine for pharmaceutical purposes; asthmatic tea; therapeutic preparations for the bath; thermal water; thymol for pharmaceutical purposes; tinctures for medical purposes; tonics [medicines]; milking grease; vaccines; vaginal washes; fennel for medical purposes; bandages for dressings; dressings, medical; gauze for dressings; surgical dressings; preparations for destroying dry rot fungus; drugs for medical purposes; poisons; cooling sprays for medical purposes; veterinary preparations; greases for medical purposes; greases for veterinary purposes; fish meal for pharmaceutical purposes; vitamin preparations; fly destroying preparations; fly glue; fly catching paper; smelling salts; albuminous foodstuffs for medical purposes; food for babies; nutritive substances for microorganisms; nutritional supplements; albumin dietary supplements; alginate dietary supplements; casein dietary supplements; enzyme dietary supplements; yeast dietary supplements; glucose dietary supplements; royal jelly dietary supplements; lecithin dietary supplements; linseed dietary supplements; linseed oil dietary supplements; pollen dietary supplements; propolis dietary supplements; protein dietary supplements; wheat germ dietary supplements; dietary supplements for animals; protein supplements for animals; dietary fiber; animal washes; cattle washes; hydrogen peroxide for medical purposes; wadding for medical purposes; tartar for pharmaceutical purposes; vermifuges; wart pencils; sunburn ointments; ointments for pharmaceutical purposes; sea water for medicinal bathing; nervines; starch for dietetic or pharmaceutical purposes; suppositories; breast-nursing pads; salts for medical purposes; salts for mineral water baths; acids for pharmaceutical purposes; oxygen for medical purposes; oxygen baths; flowers of sulphur for pharmaceutical purposes; sulphur sticks [disinfectants]; fumigating sticks.
Class 8 (part of the contested goods): Hand tools and implements (hand-operated); cutlery; razors; implements for decanting liquids [hand tools]; tableware [knives, forks and spoons]; can openers, non-electric; egg slicers, non-electric; manicure sets, electric; nail files, electric; depilation appliances, electric and non-electric; hair-removing tweezers; manicure sets; pedicure sets; razor cases; vegetable knives; choppers [knives]; vegetable choppers; meat choppers [hand tools]; wick trimmers [scissors]; cheese slicers, non-electric; nail extractors; cutters; spoons; knives; blades [hand tools]; cutlery; blade sharpening instruments; shears; needle files; nail clippers, electric or non-electric; nail buffers, electric or non-electric; cuticle nippers; nail nippers; nail files; emery files; nutcrackers; oyster openers; tongs; pizza cutters, non-electric; razor strops; shear blades; scissors; razors, electric or non-electric; shaving cases; razor blades; scaling knives; flat irons; sugar tongs; table forks; silver plate [knives, forks and spoons]; beard clippers; hair clippers for personal use, electric and nonelectric; forks; ladles for wine; eyelash curlers.
Class 16 (part of the contested goods): 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; office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); placards of paper or cardboard; chart pointers, non-electronic; absorbent sheets of paper or plastic for foodstuff packaging; address plates for addressing machines; address stamps; prints [engravings]; posters; adhesive tape dispensers [office requisites]; napkins of paper for removing make-up; albums; almanacs; apparatus for mounting photographs; aquarelles; atlases; paper tapes and cards for the recordal of computer programmes; figurines [statuettes] of papier mâché; moisteners for gummed surfaces [office requisites]; moisteners [office requisites]; mats for beer glasses; biological samples for use in microscopy [teaching materials]; bookmarkers; plans; pads [stationery]; flower-pot covers of paper; bookbindings; bookbinding apparatus and machines [office equipment]; books; bookends; booklets; modelling clay; modelling materials; modelling paste; modelling wax, not for dental purposes; trays for sorting and counting money; writing board erasers; embroidery designs [patterns]; architects' models; postcards; writing paper; pamphlets; tracing cloth; tracing paper; tracing patterns; carbon paper; catalogues; holders for checkbooks [cheque books]; chromos; newsletters; pen clips; correcting ink [heliography]; correcting tapes [office requisites]; correcting fluids [office requisites]; diagrams; folders for papers; manifolds [stationery]; document files [stationery]; boxes of cardboard or paper; bookbinding cords; printed matter; duplicators; elastic bands for offices; envelopes [stationery]; envelope sealing machines, for offices; hand labelling appliances; labels, not of textile; etchings; etching needles; filtering materials [paper]; filter paper; flyers; sheets of reclaimed cellulose for wrapping; forms, printed; photographs [printed]; photoengravings; photograph stands; electrotypes; printed timetables; printed publications; gummed cloth for stationery purposes; geographical maps; terrestrial globes; gluten [glue] for stationery or household purposes; gums [adhesives] for stationery or household purposes; graphic reproductions; graphic representations; engravings; slate pencils; rubber erasers; handbooks [manuals]; towels of paper; face towels of paper; hand-rests for painters; histological sections for teaching purposes; hat boxes of cardboard; document holders [stationery]; advertisement boards of paper or cardboard; stands for pens and pencils; wood pulp paper; wood pulp board [stationery]; charcoal pencils; bottle envelopes of cardboard or paper; inking sheets for duplicators; inking sheets for document reproducing machines; ink; pen wipers; inking ribbons; inking ribbons for computer printers; inkwells; ink sticks; ink stones [ink reservoirs]; french curves; perforated cards for jacquard looms; cards; covers [stationery]; calendars; graining combs; office requisites, except furniture; stationery; stamps [seals]; cardboard; cardboard articles; cabinets for stationery [office requisites]; drawer liners of paper, perfumed or not; announcement cards [stationery]; adhesive bands for stationery or household purposes; adhesives [glues] for stationery or household purposes; binding strips [bookbinding]; tailors' chalk; clipboards; patterns for making clothes; paper coffee filters; balls for ball-point pens; cardboard tubes; copying paper [stationery]; newspapers; writing chalk; chalk for lithography; chalk holders; nibs; nibs of gold; luminous paper; song books; glue for stationery or household purposes; square rulers; bookbinding cloth; paper ribbons; typewriter ribbons; lithographic works of art; lithographs; lithographic stones; loose-leaf binders; stencils [stationery]; molds for modelling clays [artists' materials]; marking pens [stationery]; bookbinding material; marking chalk; printing sets, portable [office requisites]; patterns for dressmaking; tracing needles for drawing purposes; clips for offices; stapling presses [office requisites]; plastic bubble packs for wrapping or packaging; note books; oleographs; teaching materials [except apparatus]; coasters of paper; indian inks; files [office requisites]; decalcomanias; packing paper; palettes for painters; pantographs [drawing instruments]; paper-clips; paper; waxed paper; papier mâché; electrocardiograph paper; paper for recording machines; paper for radiograms; paper clasps; paper knives [office requisites]; paper shredders for office use; passport holders; pastels [crayons]; stencil cases; penholders; pens [office requisites]; pen cases; paintbrushes; office perforators; parchment paper; printers' blankets, not of textile; tickets; place mats of paper; adhesive tapes for stationery or household purposes; sealing wafers; gummed tape [stationery]; plastic film for wrapping; document laminators for office use; plastics for modelling; wristbands for the retention of writing instruments; punches [office requisites]; portraits; letter trays; postage stamps; pencils; pencil holders; pencil sharpening machines, electric or non-electric; pencil leads; pencil lead holders; pictures; paperweights; prospectuses; thumbtacks; pencil sharpeners, electric or non-electric; conical paper bags; scrapers [erasers] for offices; erasing products; erasing shields; index cards [stationery]; indexes; ledgers [books]; calculating tables; plastic cling film, extensible, for palletization; cream containers of paper; trading cards other than for games; tags for index cards; paintings [pictures], framed or unframed; painters' easels; painters' brushes; canvas for painting; school supplies [stationery]; blackboards; writing or drawing books; writing cases [stationery]; writing materials; inkstands; writing cases [sets]; writing instruments; writing slates; rollers for typewriters; writing brushes; handwriting specimens for copying; cigar bands; bibs of paper; sealing stamps; shields [paper seals]; writing pads; steatite [tailor's chalk]; spools for inking ribbons; steel pens; cases for stamps [seals]; holders for stamps [seals]; inking pads; stamp stands; stencils; stickers [stationery]; starch paste [adhesive] for stationery or household purposes; fabrics for bookbinding; paper bows; comic books; tablecloths of paper; table linen of paper; tablemats of paper; table napkins of paper; drawing materials; drawing pads; drawing squares; drawing sets; drawing t-squares; graphic prints; drawing instruments; drawing rulers; compasses for drawing; drawing boards; stencil plates; magazines [periodicals]; typewriter keys; toilet paper; transparencies [stationery]; drawing pens; signboards of paper or cardboard; paper sheets [stationery]; paint trays; paint boxes [articles for use in school]; house painters' rollers; bottle wrappers of cardboard or paper; packaging material made of starches; finger-stalls [office requisites]; viscose sheets for wrapping; isinglass for stationery or household purposes; flags of paper; blotters; humidity control sheets of paper or plastic for foodstuff packaging; folders [stationery]; garbage bags of paper or of plastics; fountain pens; artists' watercolour saucers; periodicals; greeting cards; musical greeting cards; xuan paper for chinese painting and calligraphy; handkerchiefs of paper; bags for microwave cooking; bags [envelopes, pouches] of paper or plastics, for packaging; sealing wax; sealing machines for offices; sealing compounds for stationery purposes; seals [stamps]; stamp pads; self-adhesive tapes for stationery or household purposes; galley racks [printing]; silver paper.
Class 21 (all contested goods): Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brushmaking 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; crockery; toilet paper dispensers; furniture dusters; dustbins; plungers for clearing blocked drains; dishwashing brushes; glass bulbs [receptacles]; indoor aquaria; aquarium hoods; cinder sifters [household utensils]; baby baths, portable; baking mats; frying pans; cookery molds [moulds]; statues of porcelain, ceramic, earthenware or glass; statuettes of porcelain, ceramic, earthenware or glass; cups of paper or plastic; basins [receptacles]; painted glassware; brooms; beer mugs; window-boxes; flower-pot covers, not of paper; flower pots; candle rings; apparatus for wax-polishing, non-electric; scrubbing brushes; glass jars [carboys]; candy boxes; busts of porcelain, ceramic, earthenware or glass; hair for brushes; brushes; brushes for cleaning tanks and containers; lamp-glass brushes; brush goods; butter-dish covers; butter dishes; grills [cooking utensils]; trouser presses; bread baskets, domestic; bread boards; bread bins; carboys; china ornaments; cocktail stirrers; shakers; cosmetic utensils; tie presses; rolling pins, domestic; pastry cutters; deodorising apparatus for personal use; trays for domestic purposes, of paper; trays for domestic purposes; animal bristles [brushware]; boxes of glass; boxes for dispensing paper towels; non-electric portable coldboxes; lazy susans; drinking troughs; mugs; drinking vessels; drinking glasses; drinking horns; tankards; jugs; drinking straws; clothes racks, for drying; cloth for washing floors; table plates; chopsticks; egg cups; make-up removing appliances; electric devices for attracting and killing insects; electric brushes, except parts of machines; electric combs; toothbrushes, electric; pails; buckets made of woven fabrics; blenders, non-electric, for household purposes; strainers for household purposes; flasks; bottle openers; bottles; deep fryers, non-electric; fruit presses, non-electric, for household purposes; fruit cups; mess-tins; whisks, non-electric, for household purposes; enamelled glass; utensils for household purposes; watering cans; plate glass [raw material]; glass incorporating fine electrical conductors; glass, unworked or semi-worked, except building glass; glass for vehicle windows [semi-finished product]; fiberglass thread, not for textile use; powdered glass for decoration; fiberglass other than for insulation or textile use; glass wool other than for insulation; glass bowls; glass flasks [containers]; glass [receptacles]; glass caps; vegetable dishes; large-toothed combs for the hair; towel rails and rings; noodle machines, hand-operated; gloves for household purposes; glove stretchers; containers for household or kitchen use; kitchen containers; ice pails; insect traps; candle extinguishers; cheese-dish covers; comb cases; combs; combs for animals; candlesticks; decanters; cotton waste for cleaning; litter trays for pets; ceramics for household purposes; kitchen utensils; beaters, non-electric; garlic presses [kitchen utensils]; buttonhooks; cookie [biscuit] cutters; cookie jars; food cooling devices, containing heat exchange fluids, for household purposes; refrigerating bottles; isothermic bags; coffee filters, non-electric; coffee grinders, hand-operated; coffee percolators, nonelectric; coffeepots, non-electric; coffee services [tableware]; basins [bowls]; cages for household pets; cooking utensils, non-electric; cauldrons; cooking pots; cups; crystal [glassware]; crumb trays; nest eggs, artificial; works of art of porcelain, ceramic, earthenware or glass; corkscrews; vitreous silica fibers [fibres], not for textile use; boot jacks; boot trees [stretchers]; glue-pots; liqueur sets; lunch boxes; kitchen mixers, non-electric; majolica; baskets for domestic use; material for brush-making; carpet beaters, not being machines; mixing spoons [kitchen utensils]; menu card holders; knife rests for the table; cooking pins of metal; mills for domestic purposes, hand-operated; water apparatus for cleaning teeth and gums; mosaics of glass, not for building; mouse traps; nail brushes; cruets; cruet sets for oil and vinegar; coasters, not of paper and other than table linen; trivets [table utensils]; flat-iron stands; opal glass; opaline glass; basting spoons, for kitchen use; ironing board covers, shaped; horse brushes; cooking pot sets; waste paper baskets; perfume burners; perfume sprayers; pepper mills, hand-operated; pepper pots; fitted picnic baskets, including dishes; syringes for watering flowers and plants; plates to prevent milk boiling over; feather-dusters; chamber pots; powder compacts; powder puffs; cleaning tow; polishing materials for making shiny, except preparations, paper and stone; polishing apparatus and machines, for household purposes, non-electric; polishing gloves; polishing leather; porcelain ware; pot lids; pots; pottery; cabarets [trays]; graters [household utensils]; rat traps; rags for cleaning; cleaning instruments, hand-operated; scouring pads; poultry rings; carpet sweepers; smoke absorbers for household purposes; grill supports; currycombs; feeding troughs; earthenware saucepans; shaving brushes; shaving brush stands; spouts; scoops [tableware]; brushes for footwear; shoe trees [stretchers]; shoe horns; wax-polishing appliances, non-electric, for shoes; dish covers; dishes; paper plates; saucers; abrasive pads for kitchen purposes; saucepan scourers of metal; abrasive sponges for scrubbing the skin; napkin holders; napkin rings; fused silica [semi-worked product], other than for building; salad bowls; closures for pot lids; autoclaves [pressure cookers], non-electric; cutting boards for the kitchen; soup bowls; vessels of metal for making ices and iced drinks; piggy banks; clothing stretchers; spatulas [kitchen utensils]; spice sets; sponges for household purposes; sponge holders; watering devices; sprinklers; roses for watering cans; aerosol dispensers, not for medical purposes; nozzles for sprinkler hose; siphons for carbonated water; confectioners' decorating bags [pastry bags]; steel wool for cleaning; holders for flowers and plants [flower arranging]; dusting cloths [rags]; dusting apparatus, non-electric; stew-pans; hot pots, not electrically heated; ironing boards; sugar bowls; pie servers; cake molds [moulds]; services [dishes]; toothbrushes; toothpick holders; toothpicks; floss for dental purposes; tar-brushes, long handled; indoor terrariums [vivariums]; indoor terrariums [plant cultivation]; tea balls; tea caddies; tea cosies; teapots; tea services [tableware]; tea strainers; vacuum bottles; toilet brushes; toilet utensils; toilet cases; toilet sponges; funnels; gardening gloves; signboards of porcelain or glass; urns; tableware, other than knives, forks and spoons; epergnes; pig bristles; vases; bottle gourds; strainers; fly swatters; mangers for animals; bird baths; birdcages; rings for birds; molds [kitchen utensils]; ice cube molds; waffle irons, non-electric; heat-insulated containers; heat insulated containers for beverages; thermally insulated containers for food; washing boards; clothes-pegs; washtubs; drying racks for washing; kettles, non-electric; toilet paper holders; disposable table plates; eyebrow brushes; wine tasters [siphons]; wool waste for cleaning; mop wringers; soap holders; soap dispensers; soap boxes; buckskin for cleaning; sifters [household utensils]; sieves [household utensils]; salt cellars; heaters for feeding bottles, non-electric; mops.
Class 25 (all contested goods): Clothing, footwear, headgear; non-slipping devices for footwear; layettes [clothing]; babies' pants [clothing]; bath robes; bathing caps; swimsuits; bath sandals; bath slippers; bandanas [neckerchiefs]; berets; leg warmers; brassieres; smocks; boas [necklets]; teddies [undergarments]; furs [clothing]; collar protectors; shoulder wraps; bodices [lingerie]; outerclothing; footwear uppers; hosiery; suspenders; hoods [clothing]; belts [clothing]; ready-made clothing; corselets; neckties; shower caps; esparto shoes or sandals; gabardines [clothing]; knitwear [clothing]; money belts [clothing]; hat frames [skeletons]; clothing for gymnastics; gymnastic shoes; heels; scarfs; gloves [clothing]; combinations [clothing]; shirts; short-sleeve shirts; heelpieces for stockings; heelpieces for footwear; hats; paper hats [clothing]; top hats; headbands [clothing]; headgear for wear; fittings of metal for footwear; inner soles; shirt yokes; jackets [clothing]; stocking suspenders; stuff jackets [clothing]; jerseys [clothing]; dresses; skull caps; dressing gowns; chasubles; motorists' clothing; clothing; clothing of imitations of leather; clothing of leather; paper clothing; cap peaks; wooden shoes; camisoles; corsets [underclothing]; breeches for wear; half-boots; suits; stockings; garters; boots; boot uppers; ascots; leggings [trousers]; liveries; detachable collars; cuffs; maniples; coats; mantillas; miters [hats]; muffs [clothing]; caps [headwear]; tips for footwear; wimples; studs for football boots; pants; underwear; singlets; slips [undergarments]; petticoats; ear muffs [clothing]; jumper dresses; topcoats; galoshes; trousers; slippers; tights; parkas; pelisses; shirt fronts; pocket squares; ponchos; pullovers; pyjamas; waterproof clothing; lace boots; skorts; skirts; sandals; saris; sarongs; footwear; shoes; welts for footwear; aprons [clothing]; pelerines; shawls; sashes for wear; ski gloves; ski boots; sleep masks; bibs, not of paper; underpants; spats; veils [clothing]; socks; sock suspenders; dress shields; gaiter straps; boots for sports; sports shoes; girdles; fur stoles; beach clothes; beach shoes; sweaters; tee-shirts; togas; sweat-absorbent stockings; anti-sweat underwear; turbans; uniforms; masquerade costumes; vests; fishing vests; ready-made linings [parts of clothing]; football boots; footmuffs, not electrically heated; mittens; wet suits for water-skiing; cyclists' clothing; pockets for clothing; soles for footwear; visors [headwear]; bathing trunks.
Class 29 (part of the contested goods): Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats; potato fritters; potato flakes; ajvar [preserved peppers]; albumen for culinary purposes; albumin milk; seaweed extracts for food; alginates for culinary purposes; aloe vera prepared for human consumption; anchovy; apple purée; gherkins; bone oil, edible; frozen fruits; nuts, prepared; processed fish spawn; processed seeds; processed sunflower seeds; beans, preserved; cranberry sauce [compote]; butter; buttercream; broth; preparations for making bouillon; cocoa butter; mushrooms, preserved; potato chips; compotes; dates; jellies for food; edible oils; palm kernel oil for food; rape oil for food; edible fats; edible birds' nests; eggs; powdered eggs; yolk of eggs; white of eggs; peas, preserved; fruit salads; fruit chips; shrimps, not live; broth concentrates; condensed milk; frosted fruits; vegetables, preserved; preserved garlic; vegetables, dried; vegetables, cooked; fruit, stewed; gelatine; almonds, ground; ginger jam; curd; poultry, not live; non-alcoholic egg nog; vegetables, tinned [canned (am.)]; vegetable mousses; vegetable juices for cooking; vegetable salads; vegetable soup preparations; ham; herrings; hummus [chickpea paste]; tripe; salted meats; jams; cheese; caviar; kefir [milk beverage]; kimchi [fermented vegetable dish]; kumys [kumyss] [milk beverage]; coconut butter; coconut, desiccated; coconut oil; coconut fat; lobsters, not live; raisins; croquettes; spiny lobsters, not live; lecithin for culinary purposes; liver; liver pâté; low-fat potato chips; linseed oil for culinary purposes; lentils, preserved; corn oil; margarine; marmalade; milk; milk beverages, milk predominating; milk ferments for culinary purposes; milk products; whey; animal marrow for food; milk shakes; mussels, not live; oysters, not live; olive oil for food; olives, preserved; palm oil for food; clams [not live]; pectin for culinary purposes; piccalilli; pickles; peanuts, processed; peanut butter; pollen prepared as foodstuff; prostokvasha [soured milk]; lard for food; cream [dairy products]; ryazhenka [fermented baked milk]; sardines; crustaceans, not live; shellfish, not live; sesame oil; whipped cream; snail eggs for consumption; smetana [sour cream]; soups; preparations for making soup; soya beans, preserved, for food; soya milk [milk substitute]; bacon; prawns, not live; tahini [sesame seed paste]; suet for food; tofu; tomato purée; tomato juice for cooking; tuna fish; truffles, preserved; onions, preserved; pork; fruit-based snack food; fat-containing mixtures for bread slices; fatty substances for the manufacture of edible fats; fish, not live; fish, preserved; salted fish; fish, tinned [canned (am.)]; fish fillets; foods prepared from fish; isinglass for food; fish meal for human consumption; fish mousses; meat; meat, preserved; charcuterie; meat, tinned [canned (am.)]; meat extracts; meat jellies; fruit, preserved; fruit preserved in alcohol; fruits, tinned [canned (am.)]; fruit jellies; fruit pulp; fruit peel; game, not live; black pudding; sausages; sausages in batter; yogurt; salmon; sea-cucumbers, not live; toasted laver; silkworm chrysalis, for human consumption; crayfish, not live; sunflower oil for food; sauerkraut.
Class 30 (all contested goods): Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice; potato flour for food; seaweed [condiment]; almond paste; aniseed; flavorings, other than essential oils; flavorings, other than essential oils, for beverages; flavorings, other than essential oils, for cakes; aromatic preparations for food; vinegar; baking powder; baking soda [bicarbonate of soda for cooking purposes]; pastries; rusks; gluten prepared as foodstuff; beer vinegar; binding agents for ice cream; sausage binding materials; macaroons [pastry]; bean meal; petit-beurre biscuits; buns; bread; bread rolls; cocoa; cocoa beverages with milk; cheeseburgers [sandwiches]; chocolate; chocolate beverages with milk; chocolate mousses; chow-chow [condiment]; chutneys [condiments]; chicory [coffee substitute]; edible ices; corn flakes; couscous [semolina]; crackers; cream of tartar for culinary purposes; custard; dough; dessert mousses [confectionery]; cocoa-based beverages; chocolate-based beverages; coffee-based beverages; tea-based beverages; liquorice [confectionery]; stick liquorice [confectionery]; essences for foodstuffs, except etheric essences and essential oils; fondants [confectionery]; cake powder; corn, milled; ginger [spice]; husked oats; hominy grits; crushed oats; popcorn; corn, roasted; husked barley; crushed barley; barley meal; yeast; ferments for pastes; glucose for culinary purposes; gluten additives for culinary purposes; cereal preparations; cereal bars; high-protein cereal bars; chips [cereal products]; semolina; groats for human food; halvah; oatmeal; oat flakes; honey; ice, natural or artificial; iced tea; candy; cinnamon [spice]; capers; caramels [candy]; chewing gum; curry [spice]; ketchup [sauce]; cooking salt; cookies; ice for refreshment; coffee; coffee flavorings [flavourings]; coffee beverages with milk; artificial coffee; royal jelly; condiments; infusions, not medicinal; allspice; sauces [condiments]; seasonings; gingerbread; cloves [spice]; turmeric for food; linseed for human consumption; spring rolls; noodle-based prepared meals; macaroni; corn meal; hominy; maltose; marinades; marzipan; mayonnaise; meal; wheat flour; farinaceous foods; flour-milling products; molasses for food; mustard; mustard meal; malt for human consumption; malt biscuits; malt extract for food; muesli; natural sweeteners; noodles; nutmegs; unroasted coffee; unleavened bread; palm sugar; breadcrumbs; pancakes; gruel, with a milk base, for food; pasta; pasta sauce; pasties; pies; lozenges [confectionery]; pepper; mint for confectionery; peppermint sweets; pesto [sauce]; petits fours [cakes]; peppers [seasonings]; pizzas; vegetal preparations for use as coffee substitutes; powders for ice cream; pralines; meat tenderizers, for household purposes; preparations for stiffening whipped cream; bee glue; puddings; quiches; ravioli; relish [condiment]; rice; rice cakes; ice cream; saffron [seasoning]; sago; sandwiches; celery salt; dressings for salad; cereal-based snack food; rice-based snack food; sweetmeats [candy]; soya bean paste [condiment]; soya flour; soya sauce; sorbets [ices]; spaghetti; spices; star aniseed; golden syrup; sugar; ham glaze; cake frosting [icing]; confectionery; confectionery for decorating christmas trees; almond confectionery; peanut confectionery; sushi; pastry; cakes; tabbouleh; tacos; tapioca; tapioca flour for food; wheat germ for human consumption; tea; tomato sauce; tortillas; garden herbs, preserved [seasonings]; vanilla [flavoring] [flavouring]; vanillin [vanilla substitute]; thickening agents for cooking foodstuffs; vermicelli [noodles]; tarts; meat pies; meat gravies; oat-based food; fruit jellies [confectionery]; fruit coulis [sauces]; waffles; frozen yogurt [confectionery ices]; sea water for cooking; starch for food; salt for preserving foodstuffs; leaven.
Class 31 (all contested goods): Grains and agricultural, horticultural and forestry products not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals; malt; potatoes, fresh; algarovilla for animal consumption; aloe vera plants; almonds [fruits]; berries, fresh fruits; beet; bulbs; flowers, natural; products for animal litter; trees; trunks of trees; nettles; eggs for hatching, fertilised; cocoa beans, raw; mushrooms, fresh; chicory [salad]; chicory roots; lemons, fresh; citrus fruit; pine cones; menagerie animals; distillery waste for animal consumption; coconut shell; draff; beverages for pets; marc; flowers, dried, for decoration; grapes, fresh; edible chews for animals; roots for food; silkworm eggs; peas, fresh; bred stock; fruit, fresh; aromatic sand for pets [litter]; barley; poultry, live; yeast for animal consumption; residual products of cereals for animal consumption; cereal seeds, unprocessed; bran; grains [cereals]; straw mulch; oats; hazelnuts; dog biscuits; hay; hops; hop cones; undressed timber; wood chips for the manufacture of wood pulp; juniper berries; locust beans; lime for animal forage; chestnuts, fresh; christmas trees; mushroom spawn for propagation; seed germ for botanical purposes; coconuts; cola nuts; cucumbers, fresh; rape cake for cattle; copra; wheat; wreaths of natural flowers; lobsters, live; rough cork; spiny lobsters, live; fishing bait, live; live animals; linseed for animal consumption; flax meal [fodder]; linseed meal for animal consumption; lentils, fresh; maize; maize cake for cattle; meal for animals; mash for fattening livestock; mussels, live; malt for brewing and distilling; sod; nuts [fruits]; oysters, live; olives, fresh; palm trees; palms [leaves of the palm tree]; peanuts, fresh; peanut cake for animals; peanut meal for animals; plants; plants, dried, for decoration; pollen [raw material]; marrows; leeks, fresh; animal fattening preparations; rhubarb; rice, unprocessed; rice meal for forage; rye; rose bushes; unsawn timber; raw barks; crustaceans, live; shellfish, live; cuttle bone for birds; sesame; oranges; lettuce, fresh; peppers [plants]; spinach, fresh; stall food for animals; straw [forage]; straw litter; bushes; sugarcane; bagasses of cane [raw material]; wheat germ for animal consumption; truffles, fresh; garden herbs, fresh; litter peat; onions, fresh vegetables; oil cake; fodder; beans, fresh; vegetables, fresh; strengthening animal forage; fish spawn; fish meal for animal consumption; fish, live; animal foodstuffs; preparations for egg laying poultry; pet food; bird food; groats for poultry; algae for human or animal consumption; residue in a still after distillation; vine plants; seedlings; plant seeds; grains for animal consumption; sanded paper for pets [litter]; sea-cucumbers, live; bran mash for animal consumption; silkworms; crayfish, live; salt for cattle.
Class 32 (all contested goods): Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages; non-alcoholic beverages; non-alcoholic fruit juice beverages; nonalcoholic fruit extracts; aloe vera drinks, non-alcoholic; milk of almonds [beverage]; aperitifs, non-alcoholic; cider, non-alcoholic; beer; beer wort; cocktails, non-alcoholic; whey beverages; grape must, unfermented; essences for making beverages; ginger ale; vegetable juices [beverages]; non-alcoholic honey-based beverages; extracts of hops for making beer; isotonic beverages; kvass [non-alcoholic beverage]; lemonades; syrups for lemonade; lithia water; mineral water [beverages]; must; malt beer; malt wort; orgeat; peanut milk [non-alcoholic beverage]; powders for effervescing beverages; preparations for making beverages; preparations for making liqueurs; preparations for making mineral water; preparations for making aerated water; sarsaparilla [non-alcoholic beverage]; seltzer water; syrups for beverages; smoothies; soda water; sorbets [beverages]; aerated water; pastilles for effervescing beverages; table waters; tomato juice [beverage]; fruit nectars, non-alcoholic; fruit juice; waters [beverages].
Class 33 (all contested goods): Alcoholic beverages (except beers); alcoholic beverages containing fruit; alcoholic beverages, except beer; alcoholic essences; alcoholic extracts; pre-mixed alcoholic beverages, other than beer-based; fruit extracts, alcoholic; anise [liqueur]; anisette [liqueur]; aperitifs; arak [arrack]; bitters; brandy; cider; cocktails; curacao; digesters [liqueurs and spirits]; piquette; distilled beverages; hydromel [mead]; gin; kirsch; liqueurs; nira [sugarcane-based alcoholic beverage]; peppermint liqueurs; perry; rice alcohol; rum; sake; spirits [beverages]; whisky; wine; vodka.
Class 35 (all contested services): Advertising; business management; business administration; office functions.
2. European
Union trade mark application No
3. Each party bears its own costs.
REASONS:
The
opponent filed an opposition against some of the goods and services
of European Union trade mark application No
LIKELIHOOD OF CONFUSION – ARTICLE 8(1)(b) EUTMR
A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings. Whether a likelihood of confusion exists depends on the appreciation in a global assessment of several factors, which are interdependent. These factors include the similarity of the signs, the similarity of the goods and services, the distinctiveness of the earlier mark, the distinctive and dominant elements of the conflicting signs and the relevant public.
The goods and services
The goods and services on which the opposition is based are the following:
European Union trade mark No 6 752 811
Class 35: Franchising, namely providing of commercial and organisational know-how, for a fee, for the marketing of goods and services; business administration, business consultancy and business management with regard to the planning, arranging and conducting of customer attraction and customer loyalty systems, in particular in the field of mailing, discount, voucher and reward schemes; issuing information and data carriers, for others (included in class 35), for entering discount, voucher and reward transactions, in particular voucher books, credit cards and cheque cards containing visually readable and/or machine-readable identification data and/or information, in particular magnetic cards and chip cards (smart cards); retail and wholesale services in relation to bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, illuminants, candles and wicks for lighting, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, herbicides, medicated bath preparations, food supplements for medical and non-medical purposes, paper, cardboard, photographs, stationery, instructional and teaching material, plastic materials for packaging, leather and imitations of leather, and goods made of these materials, animal skins, hides, trunks and travelling bags, bags, rucksacks, umbrellas, parasols and walking sticks, whips, harness and saddlery, household or kitchen utensils and containers, combs and sponges, brushes, brush-making materials, articles for cleaning purposes, steelwool, unworked or semi-worked glass, glassware, porcelain and earthenware, clothing, footwear, headgear, gymnastic and sporting articles, decorations for Christmas trees, agricultural, horticultural and forestry products and grains, live animals, seeds, natural plants and flowers, foodstuffs for animals, malt, mail order (except transport) or Internet retail services, all in relation to pharmacy goods, cosmetics, perfumery, stationery, textiles.
European Union trade mark No 12 166 062
Class 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4: Illuminants; candles and wicks for lighting.
Class 5: Pharmaceutical and veterinary preparations, except preparations for nasal treatments, sanitary preparations for medical purposes, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings, disinfectants, preparations for destroying vermin, fungicides, herbicides; medicated bath preparations; food supplements for medical and non-medical purposes (included in class 5); dietetic foodstuffs, not for medical purposes, with a base of fats, fatty acids, carbohydrates, roughage, with added vitamins, minerals, trace elements, either singly or in combination.
Class 16: Paper, cardboard and goods made from these materials, included Class 16; printed matter; photographs; stationery; instructional and teaching material (except apparatus); plastic materials for packaging, included in Class 16.
Class 18: Leather and imitations of leather, and goods made of these materials and included in class 18; animal skins, hides; trunks and travelling bags; bags; rucksacks; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 21: Household, kitchen utensils and containers; combs and sponges; brushes (other than for painting); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Class 25: Clothing, footwear, headgear.
Class 28: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29: Meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; dietetic foodstuffs, not for medical purposes, with a base of proteins.
Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, vinegar, sauces, condiments, spices, ice.
Class 31: Agricultural, horticultural and forestry products and grains, not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; animal food; malt.
Class 32: Beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages; pastilles for effervescing beverages; dietetic beverages, included in class 32.
Class 33: Alcoholic beverages (except beers).
Class 43: Providing of food and drink and temporary accommodation.
Class 44: Hygienic and beauty care for human beings or animals.
Class 45: Issuing licences for franchising concepts.
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; breath freshening sprays; breath freshening strips; astringents for cosmetic purposes; scouring solutions; floor wax removers [scouring preparations]; make-up removing preparations; after-shave lotions; aloe vera preparations for cosmetic purposes; alum stones [astringents]; almond milk for cosmetic purposes; almond oil; almond soap; emery; emery cloth; emery paper; amber [perfume]; ammonia [volatile alkali] [detergent]; non-slipping liquids for floors; non-slipping wax for floors; antistatic preparations for household purposes; cake flavourings [essential oils]; aromatics [essential oils]; flavorings for beverages [essential oils]; badian essence; bath salts, not for medical purposes; balms other than for medical purposes; bergamot oil; fumigation preparations [perfumes]; preparations to make shiny the leaves of plants; laundry blueing; bleaching soda; javelle water; bleaching salts; laundry bleach; extracts of flowers [perfumes]; furbishing preparations; polish for furniture and flooring; essential oils of cedarwood; color-brightening chemicals for household purposes [laundry]; cosmetics; cosmetic kits; cosmetics for animals; cosmetic preparations for eyelashes; cosmetic creams; cosmetic dyes; eyebrow cosmetics; pomades for cosmetic purposes; cosmetic preparations for slimming purposes; cosmetic preparations for baths; sun-tanning preparations [cosmetics]; cosmetic preparations for skin care; skin whitening creams; deodorants for pets; deodorants for human beings or for animals; disinfectant soap; deodorant soap; detergents other than for use in manufacturing operations and for medical purposes; diamantine [abrasive]; cloths impregnated with a detergent for cleaning; tissues impregnated with cosmetic lotions; drying agents for dishwashing machines; dry shampoos; eau de cologne; toilet water; depilatory wax; dental bleaching gels; geraniol; shining preparations [polish]; laundry glaze; starch glaze for laundry purposes; glass cloth; sandpaper; bases for flower perfumes; hair waving preparations; hair spray; hair lotions; hair dyes; heliotropine; henna [cosmetic dye]; douching preparations for personal sanitary or deodorant purposes [toiletries]; ionone [perfumery]; jasmine oil; scale removing preparations for household purposes; adhesives for affixing false hair; adhesives for affixing false eyelashes; adhesives for cosmetic purposes; tailors' wax; beard dyes; colorants for toilet purposes; color-removing preparations; corundum [abrasive]; cleaning chalk; whiting; soda lye; washing soda, for cleaning; false nails; lavender oil; lavender water; leather preservatives [polishes]; waxes for leather; lip glosses; lipsticks; lotions for cosmetic purposes; make-up; make-up powder; make-up preparations; mascara; massage gels other than for medical purposes; medicated soap; cleansing milk for toilet purposes; carbides of metal [abrasives]; neutralizers for permanent waving; mouth washes, not for medical purposes; musk [perfumery]; nail polish; nail care preparations; nail art stickers; oils for cosmetic purposes; oils for perfumes and scents; oils for toilet purposes; depilatories; bleaching preparations [decolorants] for cosmetic purposes; preparations for unblocking drain pipes; degreasers other than for use in manufacturing processes; perfumery; perfumes; floor wax; pastes for razor strops; mint for perfumery; mint essence [essential oil]; petroleum jelly for cosmetic purposes; polishing creams; polishing preparations; polishing wax; sandcloth; smoothing preparations [starching]; polishing paper; polishing rouge; polishing stones; cosmetic pencils; potpourris [fragrances]; denture polishes; preparations for cleaning dentures; toiletries; leather bleaching preparations; dry-cleaning preparations; air fragrancing preparations; sachets for perfuming linen; shaving preparations; lacquer-removing preparations; smoothing stones; quillaia bark for washing; cleaning preparations; wallpaper cleaning preparations; oils for cleaning purposes; scented wood; scented water; rust removing preparations; rose oil; windscreen cleaning liquids; safrol; shaving stones [astringents]; shaving soap; shoe cream; cobblers' wax; shoemakers' wax; shoe polish; shoe wax; beauty masks; abrasives; abrasive paper; pumice stone; shampoos; shampoos for pets; decorative transfers for cosmetic purposes; silicon carbide [abrasive]; grinding preparations; canned pressurized air for cleaning and dusting purposes; laundry starch; talcum powder, for toilet use; dentifrices; terpenes [essential oils]; turpentine, for degreasing; oil of turpentine for degreasing; antiperspirants [toiletries]; tripoli stone for polishing; false eyelashes; paint stripping preparations; varnish-removing preparations; greases for cosmetic purposes; stain removers; essential oils of citron; essential oils of lemon; ethereal essences; ethereal oils; volcanic ash for cleaning; laundry wax; mustache wax; laundry preparations; fabric softeners for laundry use; hydrogen peroxide for cosmetic purposes; cotton wool for cosmetic purposes; cotton sticks for cosmetic purposes; laundry soaking preparations; eyebrow pencils; incense; joss sticks; gaultheria oil; cakes of soap; soap; antiperspirant soap; soap for foot perspiration; soap for brightening textile; sunscreen preparations.
Class 4: Illuminants; candles and wicks for lighting; firelighters; beeswax; perfumed candles; wood spills for lighting; tapers; Christmas tree candles; wicks for candles; lamp wicks; gas for lighting; nightlights [candles]; paper spills for lighting; paraffin; stearine; illuminating grease; wax [raw material]; illuminating wax.
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; acetates for pharmaceutical purposes; aconitine; adjuvants for medical purposes; dental impression materials; molding wax for dentists; slimming pills; repellents for dogs; decoctions for pharmaceutical purposes; albuminous preparations for medical purposes; alcohol for pharmaceutical purposes; aldehydes for pharmaceutical purposes; algicides; alginates for pharmaceutical purposes; alkaline iodides for pharmaceutical purposes; alkaloids for medical purposes; aloe vera preparations for pharmaceutical purposes; aluminium acetate for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; amino acids for medical purposes; amino acids for veterinary purposes; analgesics; anaesthetics; angostura bark for medical purposes; frostbite salve for pharmaceutical purposes; antibiotics; mothproofing preparations; mothproof paper; antioxidant pills; antiparasitic preparations; antiseptic cotton; antiseptics; anti-rheumatism bracelets; bracelets for medical purposes; aseptic cotton; bacterial preparations for medical and veterinary use; bacteriological preparations for medical and veterinary use; bath salts for medical purposes; balms for medical purposes; balsamic preparations for medical purposes; fumigation preparations for medical 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; vesicants; blood for medical purposes; blood plasma; hemostatic pencils; leeches for medical purposes; depuratives; bone cement for surgical and orthopaedic purposes; bronchodilating preparations; diabetic bread adapted for medical use; bromine for pharmaceutical purposes; tanning pills; cachou for pharmaceutical purposes; powder of cantharides; capsules for medicines; carbolineum [parasiticide]; poultices; caustics for pharmaceutical purposes; caustic pencils; cedar wood for use as an insect repellent; cellulose esters for pharmaceutical purposes; cellulose ethers for pharmaceutical purposes; chemico-pharmaceutical preparations; chemical contraceptives; chemical conductors for electrocardiograph electrodes; chemical preparations for the diagnosis of pregnancy; chemical preparations for medical purposes; chemical preparations for veterinary purposes; chemical preparations for pharmaceutical purposes; chemical preparations to treat mildew; chemical preparations to treat wheat smut; vine disease treating chemicals; chemical reagents for medical or veterinary purposes; chinoline for medical purposes; surgical tissues; surgical implants [living tissues]; hydrated chloral for pharmaceutical purposes; chloroform; cocaine; collodion for pharmaceutical purposes; compresses; condurango bark for medical purposes; solutions for contact lenses; cream of tartar for pharmaceutical purposes; creosote for pharmaceutical purposes; croton bark; anticryptogamic preparations; curare; sanitary pads; deodorants, other than for human beings or for animals; disinfectants for chemical toilets; disinfectants for hygiene purposes; deodorants for clothing and textiles; detergents for medical purposes; diastase for medical purposes; 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; tissues impregnated with pharmaceutical lotions; liquorice for pharmaceutical purposes; stick liquorice for pharmaceutical purposes; chemical preparations for treating phylloxera; bunion pads; appetite suppressant pills; appetite suppressants for medical purposes; first-aid boxes, filled; elixirs [pharmaceutical preparations]; enzymes for medical purposes; enzymes for veterinary purposes; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; esters for pharmaceutical purposes; ethers for pharmaceutical purposes; eucalyptus for pharmaceutical purposes; eucalyptol for pharmaceutical purposes; pharmaceutical preparations; pharmaceutical preparations for treating dandruff; pharmaceutical preparations for skin care; phenol for pharmaceutical purposes; ferments for pharmaceutical purposes; formic aldehyde for pharmaceutical purposes; phosphates for pharmaceutical purposes; fungicides; gallic acid for pharmaceutical purposes; gases for medical purposes; gelatine for medical purposes; medicinal herbs; medicines for alleviating constipation; remedies for perspiration; remedies for foot perspiration; medicines for human purposes; medicines for dental purposes; medicines for veterinary purposes; gentian for pharmaceutical purposes; germicides; bacterial poisons; yeast for pharmaceutical purposes; personal sexual lubricants; glucose for medical purposes; glycerine for medical purposes; glycerophosphates; gurjun [gurjon, gurjan] balsam for medical purposes; gum for medical purposes; belts for sanitary napkins [towels]; dental amalgams of gold; byproducts of the processing of cereals for dietetic or medical purposes; soil-sterilising preparations; guaiacol for pharmaceutical purposes; gamboge for medical purposes; adhesive plasters; hematogen; hemoglobin; cement for animal hooves; dog lotions; dog washes; extracts of hops for pharmaceutical purposes; hormones for medical purposes; charcoal for pharmaceutical purposes; hydrastine; hydrastinine; absorbent cotton; pants, absorbent, for incontinents; irish moss for medical purposes; panty liners [sanitary]; insect repellents; insect repellent incense; insecticides; isotopes for medical purposes; jalap; iodides for pharmaceutical purposes; iodine for pharmaceutical purposes; tincture of iodine; iodoform; jujube, medicated; potassium salts for medical purposes; preparations of lime for pharmaceutical purposes; sedatives; calomel; camphor for medical purposes; camphor oil for medical purposes; candy for medical purposes; cotton for medical purposes; chewing gum for medical purposes; cinchona for medical purposes; quinine for medical purposes; adhesive bands for medical purposes; adhesives for dentures; royal jelly for pharmaceutical purposes; febrifuges; herbal teas for medicinal purposes; medicinal infusions; quassia for medical purposes; bacteriological culture mediums; cultures of microorganisms for medical and veterinary use; mercurial ointments; lactose for pharmaceutical purposes; larvae exterminating preparations; laxatives; lecithin for medical purposes; alloys of precious metals for dental purposes; cod liver oil; preparations for reducing sexual activity; linseed meal for pharmaceutical purposes; linseed for pharmaceutical purposes; corn rings for the feet; lead water; lotions for pharmaceutical purposes; lotions for veterinary purposes; air deodorising preparations; air purifying preparations; babies' diaper-pants; babies' napkins [diapers]; diapers for pets; napkins for incontinents; lupulin for pharmaceutical purposes; sanitary towels; magnesia for pharmaceutical purposes; mangrove bark for pharmaceutical purposes; candy, medicated; medicinal alcohol; bath preparations, medicated; medicinal drinks; medicinal hair growth preparations; medicinal mud; medical preparations for slimming purposes; medicinal tea; medicinal roots; douching preparations for medical purposes; lacteal flour for babies; meal for pharmaceutical purposes; melissa water for pharmaceutical purposes; milk ferments for pharmaceutical purposes; sanitary pants; sanitary tampons; menthol; corn remedies; articles for headache; preparations for destroying noxious animals; pesticides; acaricides; mineral waters for medical purposes; mineral water salts; mineral food supplements; mud for baths; ergot for pharmaceutical purposes; moleskin for medical purposes; mouthwashes for medical purposes; mustard for pharmaceutical purposes; mustard oil for medical purposes; paper for mustard plasters; mustard plasters; malt for pharmaceutical purposes; malted milk beverages for medical purposes; preparations for destroying mice; myrobalan bark for pharmaceutical purposes; narcotics; bicarbonate of soda for pharmaceutical purposes; sodium salts for medical purposes; medicinal oils; herbicides; eyepatches for medical purposes; collyrium; opiates; opium; solvents for removing adhesive plasters; opodeldoc; opotherapy preparations; parasiticides; antiparasitic collars for animals; pearl powder for medical purposes; lozenges for pharmaceutical purposes; pectin for pharmaceutical purposes; mint for pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for pharmaceutical purposes; petroleum jelly for medical purposes; lint for medical purposes; pomades for medical purposes; porcelain for dental prostheses; preparations of trace elements for human and animal use; contact lens cleaning preparations; eye-washes; hemorrhoid preparations; preparations for the treatment of burns; preparations for callouses; anti-uric preparations; chilblain preparations; sunburn preparations for pharmaceutical purposes; preparations to facilitate teething; diagnostic preparations for medical purposes; vermin destroying preparations; propolis for pharmaceutical purposes; evacuants; pyrethrum powder; quebracho for medical purposes; rhubarb roots for pharmaceutical purposes; radioactive substances for medical purposes; radium for medical purposes; rat poison; reagent paper for medical or veterinary purposes; medicine cases, portable, filled; castor oil for medical purposes; anti-rheumatism rings; radiological contrast substances for medical purposes; smoking herbs for medical purposes; rubber for dental purposes; styptic preparations; sarsaparilla for medical purposes; barks for pharmaceutical purposes; scapulars for surgical purposes; dental abrasives; serotherapeutic medicines; serums; siccatives [drying agents] for medical purposes; tobacco-free cigarettes for medical purposes; syrups for pharmaceutical purposes; soporifics; slug exterminating preparations; liniments; semen for artificial insemination; vulnerary sponges; stem cells for medical purposes; stem cells for veterinary purposes; sterilising preparations; steroids; headache pencils; strychnine; sugar for medical purposes; sulphonamides [medicines]; tobacco extracts [insecticides]; cachets for pharmaceutical purposes; dental cements; dental amalgams; dental lacquer; dental mastics; teeth filling material; turpentine for pharmaceutical purposes; oil of turpentine for pharmaceutical purposes; asthmatic tea; therapeutic preparations for the bath; thermal water; thymol for pharmaceutical purposes; tinctures for medical purposes; tonics [medicines]; milking grease; vaccines; vaginal washes; fennel for medical purposes; bandages for dressings; dressings, medical; gauze for dressings; surgical dressings; preparations for destroying dry rot fungus; drugs for medical purposes; poisons; cooling sprays for medical purposes; veterinary preparations; greases for medical purposes; greases for veterinary purposes; fish meal for pharmaceutical purposes; vitamin preparations; fly destroying preparations; fly glue; fly catching paper; smelling salts; albuminous foodstuffs for medical purposes; food for babies; nutritive substances for microorganisms; nutritional supplements; albumin dietary supplements; alginate dietary supplements; casein dietary supplements; enzyme dietary supplements; yeast dietary supplements; glucose dietary supplements; royal jelly dietary supplements; lecithin dietary supplements; linseed dietary supplements; linseed oil dietary supplements; pollen dietary supplements; propolis dietary supplements; protein dietary supplements; wheat germ dietary supplements; dietary supplements for animals; protein supplements for animals; dietary fiber; animal washes; cattle washes; hydrogen peroxide for medical purposes; wadding for medical purposes; tartar for pharmaceutical purposes; vermifuges; wart pencils; sunburn ointments; ointments for pharmaceutical purposes; sea water for medicinal bathing; nervines; starch for dietetic or pharmaceutical purposes; suppositories; breast-nursing pads; salts for medical purposes; salts for mineral water baths; acids for pharmaceutical purposes; oxygen for medical purposes; oxygen baths; flowers of sulphur for pharmaceutical purposes; sulphur sticks [disinfectants]; fumigating sticks.
Class 8: Hand tools and implements (hand-operated); cutlery; razors; implements for decanting liquids [hand tools]; tableware [knives, forks and spoons]; can openers, non-electric; egg slicers, non-electric; manicure sets, electric; nail files, electric; depilation appliances, electric and non-electric; hair-removing tweezers; manicure sets; pedicure sets; razor cases; glazing irons; vegetable knives; choppers [knives]; vegetable choppers; meat choppers [hand tools]; wick trimmers [scissors]; cheese slicers, non-electric; nail extractors; cutters; spoons; knives; blades [hand tools]; cutlery; blade sharpening instruments; shears; needle files; nail clippers, electric or non-electric; nail buffers, electric or non-electric; cuticle nippers; nail nippers; nail files; emery files; nutcrackers; oyster openers; tongs; pizza cutters, non-electric; rasps [hand tools]; razor strops; shear blades; scissors; razors, electric or non-electric; shaving cases; razor blades; scaling knives; flat irons; sugar tongs; table forks; silver plate [knives, forks and spoons]; beard clippers; hair clippers for personal use, electric and nonelectric; forks; ladles for wine; eyelash curlers.
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; placards of paper or cardboard; chart pointers, non-electronic; absorbent sheets of paper or plastic for foodstuff packaging; address plates for addressing machines; address stamps; prints [engravings]; posters; adhesive tape dispensers [office requisites]; napkins of paper for removing make-up; albums; almanacs; vignetting apparatus; apparatus for mounting photographs; aquarelles; atlases; paper tapes and cards for the recordal of computer programmes; figurines [statuettes] of papier mâché; moisteners for gummed surfaces [office requisites]; moisteners [office requisites]; mats for beer glasses; biological samples for use in microscopy [teaching materials]; bookmarkers; plans; pads [stationery]; flower-pot covers of paper; bookbindings; bookbinding apparatus and machines [office equipment]; books; bookends; booklets; modelling clay; modelling materials; modelling paste; modelling wax, not for dental purposes; trays for sorting and counting money; writing board erasers; embroidery designs [patterns]; architects' models; postcards; writing paper; pamphlets; tracing cloth; tracing paper; tracing patterns; carbon paper; catalogues; holders for checkbooks [cheque books]; chromos; numbers [type]; newsletters; printing blocks; pen clips; correcting ink [heliography]; correcting tapes [office requisites]; correcting fluids [office requisites]; diagrams; folders for papers; manifolds [stationery]; document files [stationery]; boxes of cardboard or paper; bookbinding cords; printing type; letters [type]; printed matter; duplicators; elastic bands for offices; envelopes [stationery]; envelope sealing machines, for offices; hand labelling appliances; labels, not of textile; etchings; etching needles; filtering materials [paper]; filter paper; flyers; sheets of reclaimed cellulose for wrapping; forms, printed; photographs [printed]; photoengravings; photograph stands; postage meters for office use; electrotypes; printed timetables; printed publications; gummed cloth for stationery purposes; money clips; geographical maps; terrestrial globes; gluten [glue] for stationery or household purposes; gums [adhesives] for stationery or household purposes; graphic reproductions; graphic representations; engraving plates; engravings; slate pencils; rubber erasers; handbooks [manuals]; towels of paper; face towels of paper; hand-rests for painters; hectographs; histological sections for teaching purposes; hat boxes of cardboard; document holders [stationery]; advertisement boards of paper or cardboard; stands for pens and pencils; wood pulp paper; wood pulp board [stationery]; charcoal pencils; bottle envelopes of cardboard or paper; inking sheets for duplicators; inking sheets for document reproducing machines; ink; pen wipers; inking ribbons; inking ribbons for computer printers; inkwells; ink sticks; ink stones [ink reservoirs]; french curves; perforated cards for jacquard looms; cards; composing frames [printing]; covers [stationery]; calendars; graining combs; office requisites, except furniture; stationery; stamps [seals]; cardboard; cardboard articles; cabinets for stationery [office requisites]; drawer liners of paper, perfumed or not; announcement cards [stationery]; adhesive bands for stationery or household purposes; adhesives [glues] for stationery or household purposes; binding strips [bookbinding]; tailors' chalk; clipboards; patterns for making clothes; paper coffee filters; balls for ball-point pens; cardboard tubes; copying paper [stationery]; newspapers; writing chalk; chalk for lithography; chalk holders; nibs; nibs of gold; steel letters; luminous paper; song books; glue for stationery or household purposes; square rulers; bookbinding cloth; paper ribbons; typewriter ribbons; lithographic works of art; lithographs; lithographic stones; loose-leaf binders; addressing machines; stencils [stationery]; molds for modelling clays [artists' materials]; marking pens [stationery]; bookbinding material; marking chalk; printing sets, portable [office requisites]; patterns for dressmaking; tracing needles for drawing purposes; clips for offices; stapling presses [office requisites]; plastic bubble packs for wrapping or packaging; note books; numbering apparatus; oleographs; teaching materials [except apparatus]; coasters of paper; indian inks; files [office requisites]; decalcomanias; packing paper; palettes for painters; pantographs [drawing instruments]; paper-clips; paper; waxed paper; papier mâché; electrocardiograph paper; paper for recording machines; paper for radiograms; paper clasps; paper knives [office requisites]; paper shredders for office use; passport holders; pastels [crayons]; stencil cases; penholders; pens [office requisites]; pen cases; paintbrushes; office perforators; parchment paper; printers' blankets, not of textile; credit card imprinters, nonelectric; tickets; place mats of paper; adhesive tapes for stationery or household purposes; sealing wafers; gummed tape [stationery]; plastic film for wrapping; document laminators for office use; plastics for modelling; wristbands for the retention of writing instruments; punches [office requisites]; portraits; letter trays; postage stamps; pencils; pencil holders; pencil sharpening machines, electric or non-electric; pencil leads; pencil lead holders; pictures; paperweights; prospectuses; thumbtacks; pencil sharpeners, electric or non-electric; conical paper bags; scrapers [erasers] for offices; erasing products; erasing shields; index cards [stationery]; indexes; ledgers [books]; calculating tables; plastic cling film, extensible, for palletization; cream containers of paper; chaplets; trading cards other than for games; tags for index cards; paintings [pictures], framed or unframed; painters' easels; painters' brushes; canvas for painting; school supplies [stationery]; blackboards; writing or drawing books; writing cases [stationery]; writing materials; inkstands; writing cases [sets]; writing instruments; writing slates; rollers for typewriters; typewriters, electric or non-electric; writing brushes; handwriting specimens for copying; cigar bands; bibs of paper; sealing stamps; shields [paper seals]; writing pads; steatite [tailor's chalk]; spools for inking ribbons; steel pens; cases for stamps [seals]; holders for stamps [seals]; inking pads; stamp stands; mimeograph apparatus and machines; stencils; stickers [stationery]; starch paste [adhesive] for stationery or household purposes; fabrics for bookbinding; paper bows; comic books; tablecloths of paper; table linen of paper; tablemats of paper; table napkins of paper; drawing materials; drawing pads; drawing squares; drawing sets; drawing t-squares; graphic prints; drawing instruments; drawing rulers; compasses for drawing; drawing boards; stencil plates; magazines [periodicals]; typewriter keys; toilet paper; transparencies [stationery]; drawing pens; signboards of paper or cardboard; paper sheets [stationery]; paint trays; paint boxes [articles for use in school]; house painters' rollers; bottle wrappers of cardboard or paper; packaging material made of starches; finger-stalls [office requisites]; viscose sheets for wrapping; isinglass for stationery or household purposes; flags of paper; blotters; humidity control sheets of paper or plastic for foodstuff packaging; folders [stationery]; garbage bags of paper or of plastics; fountain pens; artists' watercolour saucers; periodicals; greeting cards; musical greeting cards; xuan paper for chinese painting and calligraphy; handkerchiefs of paper; bags for microwave cooking; bags [envelopes, pouches] of paper or plastics, for packaging; sealing wax; sealing machines for offices; sealing compounds for stationery purposes; seals [stamps]; stamp pads; self-adhesive tapes for stationery or household purposes; composing sticks; printers' reglets; galley racks [printing]; silver paper.
Class 21: Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brushmaking 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; crockery; toilet paper dispensers; furniture dusters; dustbins; plungers for clearing blocked drains; dishwashing brushes; glass bulbs [receptacles]; indoor aquaria; aquarium hoods; cinder sifters [household utensils]; baby baths, portable; baking mats; frying pans; cookery molds [moulds]; statues of porcelain, ceramic, earthenware or glass; statuettes of porcelain, ceramic, earthenware or glass; cups of paper or plastic; basins [receptacles]; painted glassware; brooms; beer mugs; window-boxes; flower-pot covers, not of paper; flower pots; candle rings; apparatus for wax-polishing, non-electric; scrubbing brushes; glass jars [carboys]; candy boxes; busts of porcelain, ceramic, earthenware or glass; hair for brushes; brushes; brushes for cleaning tanks and containers; lamp-glass brushes; brush goods; butter-dish covers; butter dishes; grills [cooking utensils]; trouser presses; bread baskets, domestic; bread boards; bread bins; carboys; china ornaments; cocktail stirrers; shakers; cosmetic utensils; tie presses; rolling pins, domestic; pastry cutters; deodorising apparatus for personal use; trays for domestic purposes, of paper; trays for domestic purposes; animal bristles [brushware]; boxes of glass; boxes for dispensing paper towels; non-electric portable coldboxes; lazy susans; drinking troughs; mugs; drinking vessels; drinking glasses; drinking horns; tankards; jugs; drinking straws; clothes racks, for drying; cloth for washing floors; table plates; chopsticks; egg cups; make-up removing appliances; electric devices for attracting and killing insects; electric brushes, except parts of machines; electric combs; toothbrushes, electric; pails; buckets made of woven fabrics; blenders, non-electric, for household purposes; strainers for household purposes; flasks; bottle openers; bottles; deep fryers, non-electric; fruit presses, non-electric, for household purposes; fruit cups; mess-tins; whisks, non-electric, for household purposes; enamelled glass; utensils for household purposes; watering cans; plate glass [raw material]; glass incorporating fine electrical conductors; glass, unworked or semi-worked, except building glass; glass for vehicle windows [semi-finished product]; fiberglass thread, not for textile use; powdered glass for decoration; fiberglass other than for insulation or textile use; glass wool other than for insulation; glass bowls; glass flasks [containers]; glass [receptacles]; glass caps; vegetable dishes; large-toothed combs for the hair; towel rails and rings; noodle machines, hand-operated; gloves for household purposes; glove stretchers; containers for household or kitchen use; kitchen containers; ice pails; insect traps; candle extinguishers; cheese-dish covers; comb cases; combs; combs for animals; candlesticks; decanters; cotton waste for cleaning; litter trays for pets; ceramics for household purposes; kitchen utensils; beaters, non-electric; garlic presses [kitchen utensils]; buttonhooks; cookie [biscuit] cutters; cookie jars; food cooling devices, containing heat exchange fluids, for household purposes; refrigerating bottles; isothermic bags; coffee filters, non-electric; coffee grinders, hand-operated; coffee percolators, nonelectric; coffeepots, non-electric; coffee services [tableware]; basins [bowls]; cages for household pets; cooking utensils, non-electric; cauldrons; cooking pots; cups; crystal [glassware]; crumb trays; nest eggs, artificial; works of art of porcelain, ceramic, earthenware or glass; corkscrews; vitreous silica fibers [fibres], not for textile use; boot jacks; boot trees [stretchers]; glue-pots; liqueur sets; lunch boxes; kitchen mixers, non-electric; majolica; baskets for domestic use; material for brush-making; carpet beaters, not being machines; mixing spoons [kitchen utensils]; menu card holders; knife rests for the table; cooking pins of metal; mills for domestic purposes, hand-operated; water apparatus for cleaning teeth and gums; mosaics of glass, not for building; mouse traps; nail brushes; cruets; cruet sets for oil and vinegar; coasters, not of paper and other than table linen; trivets [table utensils]; flat-iron stands; opal glass; opaline glass; basting spoons, for kitchen use; ironing board covers, shaped; horse brushes; cooking pot sets; waste paper baskets; perfume burners; perfume sprayers; pepper mills, hand-operated; pepper pots; fitted picnic baskets, including dishes; syringes for watering flowers and plants; plates to prevent milk boiling over; feather-dusters; chamber pots; powder compacts; powder puffs; cleaning tow; polishing materials for making shiny, except preparations, paper and stone; polishing apparatus and machines, for household purposes, non-electric; polishing gloves; polishing leather; porcelain ware; pot lids; pots; pottery; cabarets [trays]; graters [household utensils]; rat traps; rags for cleaning; cleaning instruments, hand-operated; scouring pads; poultry rings; carpet sweepers; smoke absorbers for household purposes; grill supports; currycombs; feeding troughs; earthenware saucepans; shaving brushes; shaving brush stands; spouts; scoops [tableware]; brushes for footwear; shoe trees [stretchers]; shoe horns; wax-polishing appliances, non-electric, for shoes; dish covers; dishes; paper plates; saucers; abrasive pads for kitchen purposes; saucepan scourers of metal; abrasive sponges for scrubbing the skin; napkin holders; napkin rings; fused silica [semi-worked product], other than for building; salad bowls; closures for pot lids; autoclaves [pressure cookers], non-electric; cutting boards for the kitchen; soup bowls; vessels of metal for making ices and iced drinks; piggy banks; clothing stretchers; spatulas [kitchen utensils]; spice sets; sponges for household purposes; sponge holders; watering devices; sprinklers; roses for watering cans; aerosol dispensers, not for medical purposes; nozzles for sprinkler hose; siphons for carbonated water; confectioners' decorating bags [pastry bags]; steel wool for cleaning; holders for flowers and plants [flower arranging]; dusting cloths [rags]; dusting apparatus, non-electric; stew-pans; hot pots, not electrically heated; ironing boards; sugar bowls; pie servers; cake molds [moulds]; services [dishes]; toothbrushes; toothpick holders; toothpicks; floss for dental purposes; tar-brushes, long handled; indoor terrariums [vivariums]; indoor terrariums [plant cultivation]; tea balls; tea caddies; tea cosies; teapots; tea services [tableware]; tea strainers; vacuum bottles; toilet brushes; toilet utensils; toilet cases; toilet sponges; funnels; gardening gloves; signboards of porcelain or glass; urns; tableware, other than knives, forks and spoons; epergnes; pig bristles; vases; bottle gourds; strainers; fly swatters; mangers for animals; bird baths; birdcages; rings for birds; molds [kitchen utensils]; ice cube molds; waffle irons, non-electric; heat-insulated containers; heat insulated containers for beverages; thermally insulated containers for food; washing boards; clothes-pegs; washtubs; drying racks for washing; kettles, non-electric; toilet paper holders; disposable table plates; eyebrow brushes; wine tasters [siphons]; wool waste for cleaning; mop wringers; soap holders; soap dispensers; soap boxes; buckskin for cleaning; sifters [household utensils]; sieves [household utensils]; salt cellars; heaters for feeding bottles, non-electric; mops.
Class 25: Clothing, footwear, headgear; non-slipping devices for footwear; layettes [clothing]; babies' pants [clothing]; bath robes; bathing caps; swimsuits; bath sandals; bath slippers; bandanas [neckerchiefs]; berets; leg warmers; brassieres; smocks; boas [necklets]; teddies [undergarments]; furs [clothing]; collar protectors; shoulder wraps; bodices [lingerie]; outerclothing; footwear uppers; hosiery; suspenders; hoods [clothing]; belts [clothing]; ready-made clothing; corselets; neckties; shower caps; esparto shoes or sandals; gabardines [clothing]; knitwear [clothing]; money belts [clothing]; hat frames [skeletons]; clothing for gymnastics; gymnastic shoes; heels; scarfs; gloves [clothing]; combinations [clothing]; shirts; short-sleeve shirts; heelpieces for stockings; heelpieces for footwear; hats; paper hats [clothing]; top hats; headbands [clothing]; headgear for wear; fittings of metal for footwear; inner soles; shirt yokes; jackets [clothing]; stocking suspenders; stuff jackets [clothing]; jerseys [clothing]; dresses; skull caps; dressing gowns; chasubles; motorists' clothing; clothing; clothing of imitations of leather; clothing of leather; paper clothing; cap peaks; wooden shoes; camisoles; corsets [underclothing]; breeches for wear; half-boots; suits; stockings; garters; boots; boot uppers; ascots; leggings [trousers]; liveries; detachable collars; cuffs; maniples; coats; mantillas; miters [hats]; muffs [clothing]; caps [headwear]; tips for footwear; wimples; studs for football boots; pants; underwear; singlets; slips [undergarments]; petticoats; ear muffs [clothing]; jumper dresses; topcoats; galoshes; trousers; slippers; tights; parkas; pelisses; shirt fronts; pocket squares; ponchos; pullovers; pyjamas; waterproof clothing; lace boots; skorts; skirts; sandals; saris; sarongs; footwear; shoes; welts for footwear; aprons [clothing]; pelerines; shawls; sashes for wear; ski gloves; ski boots; sleep masks; bibs, not of paper; underpants; spats; veils [clothing]; socks; sock suspenders; dress shields; gaiter straps; boots for sports; sports shoes; girdles; fur stoles; beach clothes; beach shoes; sweaters; tee-shirts; togas; sweat-absorbent stockings; anti-sweat underwear; turbans; uniforms; masquerade costumes; vests; fishing vests; ready-made linings [parts of clothing]; football boots; footmuffs, not electrically heated; mittens; wet suits for water-skiing; cyclists' clothing; pockets for clothing; soles for footwear; visors [headwear]; bathing trunks.
Class 29: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats; potato fritters; potato flakes; ajvar [preserved peppers]; albumen for culinary purposes; albumin milk; seaweed extracts for food; alginates for culinary purposes; aloe vera prepared for human consumption; anchovy; apple purée; gherkins; bone oil, edible; frozen fruits; nuts, prepared; processed fish spawn; processed seeds; processed sunflower seeds; beans, preserved; cranberry sauce [compote]; butter; buttercream; broth; preparations for making bouillon; cocoa butter; mushrooms, preserved; potato chips; compotes; dates; jellies for food; edible oils; palm kernel oil for food; rape oil for food; edible fats; edible birds' nests; eggs; powdered eggs; yolk of eggs; white of eggs; peas, preserved; fruit salads; fruit chips; shrimps, not live; broth concentrates; condensed milk; frosted fruits; vegetables, preserved; preserved garlic; vegetables, dried; vegetables, cooked; fruit, stewed; gelatine; almonds, ground; ginger jam; curd; poultry, not live; non-alcoholic egg nog; vegetables, tinned [canned (am.)]; vegetable mousses; vegetable juices for cooking; vegetable salads; vegetable soup preparations; ham; herrings; hummus [chickpea paste]; tripe; salted meats; jams; cheese; rennet; caviar; kefir [milk beverage]; kimchi [fermented vegetable dish]; kumys [kumyss] [milk beverage]; coconut butter; coconut, desiccated; coconut oil; coconut fat; lobsters, not live; raisins; croquettes; spiny lobsters, not live; lecithin for culinary purposes; liver; liver pâté; low-fat potato chips; linseed oil for culinary purposes; lentils, preserved; corn oil; margarine; marmalade; milk; milk beverages, milk predominating; milk ferments for culinary purposes; milk products; whey; animal marrow for food; milk shakes; mussels, not live; oysters, not live; olive oil for food; olives, preserved; palm oil for food; clams [not live]; pectin for culinary purposes; piccalilli; pickles; peanuts, processed; peanut butter; pollen prepared as foodstuff; prostokvasha [soured milk]; lard for food; cream [dairy products]; ryazhenka [fermented baked milk]; sardines; crustaceans, not live; shellfish, not live; sesame oil; whipped cream; snail eggs for consumption; smetana [sour cream]; soups; preparations for making soup; soya beans, preserved, for food; soya milk [milk substitute]; bacon; prawns, not live; tahini [sesame seed paste]; suet for food; tofu; tomato purée; tomato juice for cooking; tuna fish; truffles, preserved; onions, preserved; pork; fruit-based snack food; fat-containing mixtures for bread slices; fatty substances for the manufacture of edible fats; fish, not live; fish, preserved; salted fish; fish, tinned [canned (am.)]; fish fillets; foods prepared from fish; isinglass for food; fish meal for human consumption; fish mousses; meat; meat, preserved; charcuterie; meat, tinned [canned (am.)]; meat extracts; meat jellies; fruit, preserved; fruit preserved in alcohol; fruits, tinned [canned (am.)]; fruit jellies; fruit pulp; fruit peel; game, not live; black pudding; sausages; sausages in batter; yogurt; salmon; sea-cucumbers, not live; toasted laver; silkworm chrysalis, for human consumption; crayfish, not live; sunflower oil for food; sauerkraut.
Class 30: Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice; potato flour for food; seaweed [condiment]; almond paste; aniseed; flavorings, other than essential oils; flavorings, other than essential oils, for beverages; flavorings, other than essential oils, for cakes; aromatic preparations for food; vinegar; baking powder; baking soda [bicarbonate of soda for cooking purposes]; pastries; rusks; gluten prepared as foodstuff; beer vinegar; binding agents for ice cream; sausage binding materials; macaroons [pastry]; bean meal; petit-beurre biscuits; buns; bread; bread rolls; cocoa; cocoa beverages with milk; cheeseburgers [sandwiches]; chocolate; chocolate beverages with milk; chocolate mousses; chow-chow [condiment]; chutneys [condiments]; chicory [coffee substitute]; edible ices; corn flakes; couscous [semolina]; crackers; cream of tartar for culinary purposes; custard; dough; dessert mousses [confectionery]; cocoa-based beverages; chocolate-based beverages; coffee-based beverages; tea-based beverages; liquorice [confectionery]; stick liquorice [confectionery]; essences for foodstuffs, except etheric essences and essential oils; fondants [confectionery]; cake powder; corn, milled; ginger [spice]; husked oats; hominy grits; crushed oats; popcorn; corn, roasted; husked barley; crushed barley; barley meal; yeast; ferments for pastes; glucose for culinary purposes; gluten additives for culinary purposes; cereal preparations; cereal bars; high-protein cereal bars; chips [cereal products]; semolina; groats for human food; halvah; oatmeal; oat flakes; honey; ice, natural or artificial; iced tea; candy; cinnamon [spice]; capers; caramels [candy]; chewing gum; curry [spice]; ketchup [sauce]; cooking salt; cookies; ice for refreshment; coffee; coffee flavorings [flavourings]; coffee beverages with milk; artificial coffee; royal jelly; condiments; infusions, not medicinal; allspice; sauces [condiments]; seasonings; gingerbread; cloves [spice]; turmeric for food; linseed for human consumption; spring rolls; noodle-based prepared meals; macaroni; corn meal; hominy; maltose; marinades; marzipan; mayonnaise; meal; wheat flour; farinaceous foods; flour-milling products; molasses for food; mustard; mustard meal; malt for human consumption; malt biscuits; malt extract for food; muesli; natural sweeteners; noodles; nutmegs; unroasted coffee; unleavened bread; palm sugar; breadcrumbs; pancakes; gruel, with a milk base, for food; pasta; pasta sauce; pasties; pies; lozenges [confectionery]; pepper; mint for confectionery; peppermint sweets; pesto [sauce]; petits fours [cakes]; peppers [seasonings]; pizzas; vegetal preparations for use as coffee substitutes; powders for ice cream; pralines; meat tenderizers, for household purposes; preparations for stiffening whipped cream; bee glue; puddings; quiches; ravioli; relish [condiment]; rice; rice cakes; ice cream; saffron [seasoning]; sago; sandwiches; celery salt; dressings for salad; cereal-based snack food; rice-based snack food; sweetmeats [candy]; soya bean paste [condiment]; soya flour; soya sauce; sorbets [ices]; spaghetti; spices; star aniseed; golden syrup; sugar; ham glaze; cake frosting [icing]; confectionery; confectionery for decorating christmas trees; almond confectionery; peanut confectionery; sushi; pastry; cakes; tabbouleh; tacos; tapioca; tapioca flour for food; wheat germ for human consumption; tea; tomato sauce; tortillas; garden herbs, preserved [seasonings]; vanilla [flavoring] [flavouring]; vanillin [vanilla substitute]; thickening agents for cooking foodstuffs; vermicelli [noodles]; tarts; meat pies; meat gravies; oat-based food; fruit jellies [confectionery]; fruit coulis [sauces]; waffles; frozen yogurt [confectionery ices]; sea water for cooking; starch for food; salt for preserving foodstuffs; leaven.
Class 31: Grains and agricultural, horticultural and forestry products not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals; malt; potatoes, fresh; algarovilla for animal consumption; aloe vera plants; almonds [fruits]; berries, fresh fruits; beet; bulbs; flowers, natural; products for animal litter; trees; trunks of trees; nettles; eggs for hatching, fertilised; cocoa beans, raw; mushrooms, fresh; chicory [salad]; chicory roots; lemons, fresh; citrus fruit; pine cones; menagerie animals; distillery waste for animal consumption; coconut shell; draff; beverages for pets; marc; flowers, dried, for decoration; grapes, fresh; edible chews for animals; roots for food; silkworm eggs; peas, fresh; bred stock; fruit, fresh; aromatic sand for pets [litter]; barley; poultry, live; yeast for animal consumption; residual products of cereals for animal consumption; cereal seeds, unprocessed; bran; grains [cereals]; straw mulch; oats; hazelnuts; dog biscuits; hay; hops; hop cones; undressed timber; wood chips for the manufacture of wood pulp; juniper berries; locust beans; lime for animal forage; chestnuts, fresh; christmas trees; mushroom spawn for propagation; seed germ for botanical purposes; coconuts; cola nuts; cucumbers, fresh; rape cake for cattle; copra; wheat; wreaths of natural flowers; lobsters, live; rough cork; spiny lobsters, live; fishing bait, live; live animals; linseed for animal consumption; flax meal [fodder]; linseed meal for animal consumption; lentils, fresh; maize; maize cake for cattle; meal for animals; mash for fattening livestock; mussels, live; malt for brewing and distilling; sod; nuts [fruits]; oysters, live; olives, fresh; palm trees; palms [leaves of the palm tree]; peanuts, fresh; peanut cake for animals; peanut meal for animals; plants; plants, dried, for decoration; pollen [raw material]; marrows; leeks, fresh; animal fattening preparations; rhubarb; rice, unprocessed; rice meal for forage; rye; rose bushes; unsawn timber; raw barks; crustaceans, live; shellfish, live; cuttle bone for birds; sesame; oranges; lettuce, fresh; peppers [plants]; spinach, fresh; stall food for animals; straw [forage]; straw litter; bushes; sugarcane; bagasses of cane [raw material]; wheat germ for animal consumption; truffles, fresh; garden herbs, fresh; litter peat; onions, fresh vegetables; oil cake; fodder; beans, fresh; vegetables, fresh; strengthening animal forage; fish spawn; fish meal for animal consumption; fish, live; animal foodstuffs; preparations for egg laying poultry; pet food; bird food; groats for poultry; algae for human or animal consumption; residue in a still after distillation; vine plants; seedlings; plant seeds; grains for animal consumption; sanded paper for pets [litter]; sea-cucumbers, live; bran mash for animal consumption; silkworms; crayfish, live; salt for cattle.
Class 32: Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages; non-alcoholic beverages; non-alcoholic fruit juice beverages; nonalcoholic fruit extracts; aloe vera drinks, non-alcoholic; milk of almonds [beverage]; aperitifs, non-alcoholic; cider, non-alcoholic; beer; beer wort; cocktails, non-alcoholic; whey beverages; grape must, unfermented; essences for making beverages; ginger ale; vegetable juices [beverages]; non-alcoholic honey-based beverages; extracts of hops for making beer; isotonic beverages; kvass [non-alcoholic beverage]; lemonades; syrups for lemonade; lithia water; mineral water [beverages]; must; malt beer; malt wort; orgeat; peanut milk [non-alcoholic beverage]; powders for effervescing beverages; preparations for making beverages; preparations for making liqueurs; preparations for making mineral water; preparations for making aerated water; sarsaparilla [non-alcoholic beverage]; seltzer water; syrups for beverages; smoothies; soda water; sorbets [beverages]; aerated water; pastilles for effervescing beverages; table waters; tomato juice [beverage]; fruit nectars, non-alcoholic; fruit juice; waters [beverages].
Class 33: Alcoholic beverages (except beers); alcoholic beverages containing fruit; alcoholic beverages, except beer; alcoholic essences; alcoholic extracts; pre-mixed alcoholic beverages, other than beer-based; fruit extracts, alcoholic; anise [liqueur]; anisette [liqueur]; aperitifs; arak [arrack]; bitters; brandy; cider; cocktails; curacao; digesters [liqueurs and spirits]; piquette; distilled beverages; hydromel [mead]; gin; kirsch; liqueurs; nira [sugarcane-based alcoholic beverage]; peppermint liqueurs; perry; rice alcohol; rum; sake; spirits [beverages]; whisky; wine; vodka.
Class 35: Advertising; business management; business administration; office functions.
The earlier European Union trade mark No 12 166 062 is registered for the entire class headings of Classes 3, 18, 21, 25, 28, 30, 31, 32, 33 and 43 of the Nice Classification. It was filed on 14/03/2008. According to Communication No 2/12 of the President of the Office of 20/06/2012, as regards European Union 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 ninth edition.
An interpretation of the wording of the list of services is required to determine the scope of protection of these services.
The term ‘in particular’, used in the opponent’s list of services of EUTM No 6 752 811, indicates that the specific services are only examples of items included in the category and that protection is not restricted to them. In other words, it introduces a non-exhaustive list of examples (see the judgment of 09/04/2003, T‑224/01, Nu‑Tride, EU:T:2003:107).
However, the term ‘namely’, used in the opponent’s list of services of EUTM No 6 752 811 to show the relationship of individual services with a broader category, is exclusive and restricts the scope of protection only to the specifically listed services.
As a preliminary remark, it is to be noted that according to Article 28(7) EUTMR, goods or services shall not be regarded as being similar or dissimilar to each other on the ground that they appear in the same or different classes under the Nice Classification.
The relevant factors relating to the comparison of the goods or services include, inter alia, the nature and purpose of the goods or services, the distribution channels, the sales outlets, the producers, the method of use and whether they are in competition with each other or complementary to each other.
Contested goods in Class 3
The contested mark is filed for all the goods included in the alphabetical list of Class 3 of the Nice Classification (tenth edition, 2013). The contested goods are identical to the goods covered by the earlier EUTM No 12 166 062, either because they appear in the alphabetical list of Class 3 in the ninth edition of the Nice Classification or because they fall within the natural and usual meaning of the general indications specified in the earlier mark (for example, the contested air fragrancing preparations fall within the broad category of the opponent’s perfumery, the contested aloe vera preparations for cosmetic purposes fall within the broad category of the opponent’s cosmetics, the contested breath freshening strips fall within the broad category of the opponent’s dentifrices, etc.).
Contested goods in Class 4
Illuminants; candles and wicks for lighting are identically contained in both the applicant’s and the opponent’s lists of goods.
The contested perfumed candles; Christmas tree candles and nightlights [candles] are included in the broad category of the opponent’s candles. Therefore, they are considered identical.
The contested tapers; wicks for candles and lamp wicks are included in the broad category of the opponent’s wicks for lighting. Therefore, they are considered identical.
The contested firelighters; wood spills for lighting; gas for lighting; paper spills for lighting; paraffin; stearine; illuminating grease and illuminating wax are included in the broad category of the opponent’s illuminants. Therefore, they are considered identical
The remaining contested beeswax and wax [raw material] may coincide in purpose with the opponent’s wicks for lighting (for example, for manufacturing of candles). Furthermore, the goods may target the same end users and may have the same distribution channels. Therefore, they are considered to be similar.
Contested goods in Class 5
Sanitary preparations for medical purposes; dietetic substances adapted for medical use; food for babies; plasters, materials for dressings; disinfectants; preparations for destroying vermin; fungicides, herbicides are identically contained in both the applicant’s and the opponent’s lists of goods.
The contested pharmaceutical and veterinary preparations include, as a broader category, the opponent’s pharmaceutical and veterinary preparations, except preparations for nasal treatments. It is impossible for the Opposition Division to filter these goods from the abovementioned category. Since the Opposition Division cannot dissect ex officio the broad category of the applicant’s goods, they are considered identical to the opponent’s goods.
The contested dietetic substances adapted for veterinary use are identical to the opponent’s dietetic substances adapted for medical use because the latter goods refer to any substances for treating or preventing diseases in human beings or animals and include, as a broader term, the substances for veterinary use.
The contested dietetic food adapted for medical or veterinary use; dietary supplements for humans and animals; slimming pills; albuminous preparations for medical purposes; diabetic bread adapted for medical use; dietetic beverages adapted for medical purposes; dietetic foods adapted for medical purposes; appetite suppressant pills; appetite suppressants for medical purposes; medical preparations for slimming purposes; fish meal for pharmaceutical purposes; albuminous foodstuffs for medical purposes; dietary fiber are included in the broad category of or overlap with the opponent’s dietetic substances adapted for medical use. Therefore, they are considered identical.
The contested acetates for pharmaceutical purposes; aconitine; adjuvants for medical purposes; decoctions for pharmaceutical purposes; alcohol for pharmaceutical purposes; aldehydes for pharmaceutical purposes; alginates for pharmaceutical purposes; alkaline iodides for pharmaceutical purposes; alkaloids for medical purposes; aloe vera preparations for pharmaceutical purposes; aluminium acetate for pharmaceutical purposes; milk of almonds for pharmaceutical purposes; amino acids for medical purposes; amino acids for veterinary purposes; analgesics; anaesthetics; angostura bark for medical purposes; frostbite salve for pharmaceutical purposes; antibiotics; antioxidant pills; antiparasitic preparations; anti-rheumatism bracelets; bracelets for medical purposes; bacterial preparations for medical and veterinary use; bacteriological preparations for medical and veterinary use; bath salts for medical purposes; balms for medical purposes; balsamic preparations for medical purposes; 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; vesicants; blood for medical purposes; blood plasma; hemostatic pencils; leeches for medical purposes; depuratives; bone cement for surgical and orthopaedic purposes; bronchodilating preparations; bromine for pharmaceutical purposes; tanning pills; cachou for pharmaceutical purposes; powder of cantharides; capsules for medicines; caustics for pharmaceutical purposes; caustic pencils; cellulose esters for pharmaceutical purposes; cellulose ethers for pharmaceutical purposes; chemico-pharmaceutical preparations; chemical contraceptives; chemical conductors for electrocardiograph electrodes; chemical preparations for the diagnosis of pregnancy; chemical preparations for medical purposes; chemical preparations for veterinary purposes; chemical preparations for pharmaceutical purposes; chemical reagents for medical or veterinary purposes; chinoline for medical purposes; surgical tissues; surgical implants [living tissues]; hydrated chloral for pharmaceutical purposes; chloroform; cocaine; collodion for pharmaceutical purposes; condurango bark for medical purposes; cream of tartar for pharmaceutical purposes; creosote for pharmaceutical purposes; croton bark; anticryptogamic preparations; curare; deodorants, other than for human beings or for animals; deodorants for clothing and textiles; diastase for medical purposes; digestives for pharmaceutical purposes; digitalin; dill oil for medical purposes; tissues impregnated with pharmaceutical lotions; liquorice for pharmaceutical purposes; stick liquorice for pharmaceutical purposes; first-aid boxes, filled; elixirs [pharmaceutical preparations]; enzymes for medical purposes; enzymes for veterinary purposes; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; esters for pharmaceutical purposes; ethers for pharmaceutical purposes; eucalyptus for pharmaceutical purposes; eucalyptol for pharmaceutical purposes; pharmaceutical preparations for treating dandruff; pharmaceutical preparations for skin care; phenol for pharmaceutical purposes; ferments for pharmaceutical purposes; formic aldehyde for pharmaceutical purposes; phosphates for pharmaceutical purposes; gallic acid for pharmaceutical purposes; gases for medical purposes; gelatine for medical purposes; medicinal herbs; medicines for alleviating constipation; remedies for perspiration; remedies for foot perspiration; medicines for human purposes; medicines for dental purposes; medicines for veterinary purposes; gentian for pharmaceutical purposes; bacterial poisons; yeast for pharmaceutical purposes; personal sexual lubricants; glucose for medical purposes; glycerine for medical purposes; glycerophosphates; gurjun [gurjon, gurjan] balsam for medical purposes; gum for medical purposes; byproducts of the processing of cereals for dietetic or medical purposes; guaiacol for pharmaceutical purposes; gamboge for medical purposes; hematogen; hemoglobin; cement for animal hooves; dog lotions; dog washes; extracts of hops for pharmaceutical purposes; hormones for medical purposes; charcoal for pharmaceutical purposes; hydrastine; hydrastinine; irish moss for medical purposes; isotopes for medical purposes; jalap; iodides for pharmaceutical purposes; iodine for pharmaceutical purposes; tincture of iodine; iodoform; jujube, medicated; potassium salts for medical purposes; preparations of lime for pharmaceutical purposes; sedatives; calomel; camphor for medical purposes; camphor oil for medical purposes; candy for medical purposes; chewing gum for medical purposes; cinchona for medical purposes; quinine for medical purposes; royal jelly for pharmaceutical purposes; febrifuges; herbal teas for medicinal purposes; medicinal infusions; quassia for medical purposes; bacteriological culture mediums; cultures of microorganisms for medical and veterinary use; mercurial ointments; lactose for pharmaceutical purposes; laxatives; lecithin for medical purposes; cod liver oil; preparations for reducing sexual activity; linseed meal for pharmaceutical purposes; linseed for pharmaceutical purposes; lead water; lotions for pharmaceutical purposes; lotions for veterinary purposes; air deodorising preparations; lupulin for pharmaceutical purposes; magnesia for pharmaceutical purposes; mangrove bark for pharmaceutical purposes; candy, medicated; bath preparations, medicated; medicinal drinks; medicinal hair growth preparations; medicinal mud; medicinal tea; medicinal roots; douching preparations for medical purposes; meal for pharmaceutical purposes; melissa water for pharmaceutical purposes; milk ferments for pharmaceutical purposes; menthol; corn remedies; articles for headache; mineral waters for medical purposes; mineral water salts; mud for baths; ergot for pharmaceutical purposes; mustard for pharmaceutical purposes; mustard oil for medical purposes; paper for mustard plasters; malt for pharmaceutical purposes; malted milk beverages for medical purposes; myrobalan bark for pharmaceutical purposes; narcotics; bicarbonate of soda for pharmaceutical purposes; sodium salts for medical purposes; medicinal oils; eyepatches for medical purposes; collyrium; opiates; opium; solvents for removing adhesive plasters; opodeldoc; opotherapy preparations; pearl powder for medical purposes; lozenges for pharmaceutical purposes; pectin for pharmaceutical purposes; mint for pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for pharmaceutical purposes; petroleum jelly for medical purposes; pomades for medical purposes; preparations of trace elements for human and animal use; eye-washes; hemorrhoid preparations; preparations for the treatment of burns; preparations for callouses; anti-uric preparations; chilblain preparations; sunburn preparations for pharmaceutical purposes; preparations to facilitate teething; diagnostic preparations for medical purposes; propolis for pharmaceutical purposes; evacuants; quebracho for medical purposes; rhubarb roots for pharmaceutical purposes; radioactive substances for medical purposes; radium for medical purposes; reagent paper for medical or veterinary purposes; medicine cases, portable, filled; castor oil for medical purposes; anti-rheumatism rings; radiological contrast substances for medical purposes; smoking herbs for medical purposes; styptic preparations; sarsaparilla for medical purposes; barks for pharmaceutical purposes; serotherapeutic medicines; serums; siccatives [drying agents] for medical purposes; tobacco-free cigarettes for medical purposes; syrups for pharmaceutical purposes; soporifics; liniments; semen for artificial insemination; stem cells for medical purposes; stem cells for veterinary purposes; steroids; headache pencils; strychnine; sugar for medical purposes; sulphonamides [medicines]; cachets for pharmaceutical purposes; turpentine for pharmaceutical purposes; oil of turpentine for pharmaceutical purposes; asthmatic tea; therapeutic preparations for the bath; thermal water; thymol for pharmaceutical purposes; tinctures for medical purposes; tonics [medicines]; milking grease; vaccines; fennel for medical purposes; drugs for medical purposes; cooling sprays for medical purposes; greases for medical purposes; greases for veterinary purposes; vitamin preparations; smelling salts; nutritive substances for microorganisms; animal washes; cattle washes; hydrogen peroxide for medical purposes; tartar for pharmaceutical purposes; vermifuges; wart pencils; sunburn ointments; ointments for pharmaceutical purposes; sea water for medicinal bathing; nervines; starch for dietetic or pharmaceutical purposes; suppositories; salts for medical purposes; salts for mineral water baths; acids for pharmaceutical purposes; oxygen for medical purposes; oxygen baths; flowers of sulphur for pharmaceutical purposes are identical or at least similar to the opponent’s pharmaceutical and veterinary preparations, except preparations for nasal treatments, either because the goods are identically contained in both lists (including synonyms) or because the opponent’s goods are included in or overlap with the contested goods or vice versa, or, as regards similarity, because they may have the same purpose and coincide in end consumers, producers and distribution channels.
The contested aseptic cotton; poultices; compresses; bunion pads; adhesive plasters; absorbent cotton; cotton for medical purposes; adhesive bands for medical purposes; corn rings for the feet; moleskin for medical purposes; mustard plasters; lint for medical purposes; scapulars for surgical purposes; vulnerary sponges; bandages for dressings; dressings, medical; gauze for dressings; surgical dressings; wadding for medical purposes are included in the broad category of the opponent’s materials for dressings. Therefore, they are considered identical.
The contested algicides; mothproofing preparations; mothproof paper; fumigation preparations for medical purposes; biocides; carbolineum [parasiticide]; cedar wood for use as an insect repellent; chemical preparations to treat mildew; chemical preparations to treat wheat smut; vine disease treating chemicals; chemical preparations for treating phylloxera; soil-sterilising preparations; insect repellents; insect repellent incense; insecticides; larvae exterminating preparations; preparations for destroying noxious animals; pesticides; acaricides; preparations for destroying mice; parasiticides; antiparasitic collars for animals; pyrethrum powder; rat poison; slug exterminating preparations; tobacco extracts [insecticides]; preparations for destroying dry rot fungus; poisons; fly destroying preparations; fly glue; fly catching paper; fumigating sticks are included in one of the broad categories of the opponent’s preparations for destroying vermin, fungicides, herbicides. Therefore, they are considered identical.
The contested mineral food supplements; nutritional supplements; albumin dietary supplements; alginate dietary supplements; casein dietary supplements; enzyme dietary supplements; yeast dietary supplements; glucose dietary supplements; royal jelly dietary supplements; lecithin dietary supplements; linseed dietary supplements; linseed oil dietary supplements; pollen dietary supplements; propolis dietary supplements; protein dietary supplements; wheat germ dietary supplements; dietary supplements for animals; protein supplements for animals are included in the broad category of the opponent’s food supplements for medical and non-medical purposes (included in class 5). Therefore, they are considered identical.
The contested antiseptic cotton; antiseptics; solutions for contact lenses; disinfectants for chemical toilets; disinfectants for hygiene purposes; germicides; air purifying preparations; contact lens cleaning preparations; sterilising preparations; sulphur sticks [disinfectants] are included in the broad category of the opponent’s disinfectants. Therefore, they are considered identical.
The contested lacteal flour for babies is included in the broad category of the opponent’s food for babies. Therefore, they are considered identical.
The contested sanitary pads; detergents for medical purposes; belts for sanitary napkins [towels]; pants, absorbent, for incontinents; panty liners [sanitary]; babies' diaper-pants; babies' napkins [diapers]; diapers for pets; napkins for incontinents; sanitary towels; medicinal alcohol; sanitary pants; sanitary tampons; mouthwashes for medical purposes; vaginal washes; breast-nursing pads are included in the broad category of the opponent’s sanitary preparations for medical purposes. Therefore, they are considered identical.
The contested repellents for dogs are similar to the opponent’s preparations for destroying vermin as both derive from the same undertakings, are aimed at the same public and may well be distributed via the same channels (lotions to kill dog fleas are found in the same distribution centres as such repellents notwithstanding their different purpose).
The remaining contested material for stopping teeth, dental wax; dental impression materials; molding wax for dentists; dental amalgams of gold; adhesives for dentures; alloys of precious metals for dental purposes; porcelain for dental prostheses; rubber for dental purposes; dental abrasives; dental cements; dental amalgams; dental lacquer; dental mastics; teeth filling material can coincide in end users and distribution channels with the opponent’s pharmaceutical preparations, except preparations for nasal treatments. Therefore, they are considered to be similar to a low degree.
Contested goods in Class 8
The contested hand tools and implements (hand-operated); cutlery; implements for decanting liquids [hand tools]; tableware [knives, forks and spoons]; can openers, non-electric; egg slicers, non-electric; vegetable knives; choppers [knives]; vegetable choppers; meat choppers [hand tools]; cheese slicers, non-electric; cutters; spoons; knives; blades [hand tools]; cutlery; blade sharpening instruments; shears; nutcrackers; oyster openers; tongs; pizza cutters, non-electric; shear blades; scissors; scaling knives; sugar tongs; table forks; silver plate [knives, forks and spoons]; forks; ladles for wine are or include all hand implements that can be used in preparing, serving and eating food. The opponent’s earlier EUTM No 12 166 062 has protection for, amongst others, kitchen utensils and containers, glassware, porcelain and earthenware in Class 21 which cover items such as corkscrews, egg cups, cutting boards for kitchens, plates, glass bowls, ice cube moulds, garlic presses, saucepans, tea infusers and vegetable dishes. All these goods share a similar purpose, namely to be used during the preparation, serving and eating of food. They appear in the same specialist shops or similar sections of supermarkets, target the same end users and may come from the same producers. They are considered to be similar.
The contested razor cases and shaving cases are similar to the opponent’s goods made of these materials and included in Class 18 [leather and imitations of leather], as the former are frequently made of leather and imitations of leather and the latter can include cases or other holders. Therefore, they may have the same nature and distribution channels, target the same consumers and are likely to come from the same kinds of undertakings.
The contested razors; manicure sets, electric; nail files, electric; depilation appliances, electric and non-electric; hair-removing tweezers; manicure sets; pedicure sets; nail extractors; needle files; nail clippers, electric or non-electric; nail buffers, electric or non-electric; cuticle nippers; nail nippers; nail files; emery files; razor strops; razors, electric or non-electric; razor blades; flat irons; beard clippers; hair clippers for personal use, electric and nonelectric and eyelash curlers are considered to be similar to the opponent’s cosmetics in Class 3. This is because, despite the different nature, all these goods are used in the same area of personal care and beautification. Moreover, they are often used together (for example, nail files or manicure sets with nail polishes). They target the same public, are often sold in the same specialist shops or similar sections of supermarkets and may be offered by the same undertaking.
The contested wick trimmers [scissors] are similar to the opponent’s candles in Class 4. Despite the different nature, the goods under comparison may be complementary. They target the same public, coincide in distribution channels and may be offered by the same undertaking.
The remaining contested goods glazing irons and rasps [hand tools] are hand tools for use in construction, repair and maintenance. These goods are specialized goods and serve specific purposes. These goods are dissimilar to all the opponent’s goods and services (including the goods and services that appear in the alphabetical lists and/or do not fall within the natural and usual meaning of the general indications in the class headings of Classes 3, 18, 21, 25, 28, 30, 31, 32, 33 and 43 of the earlier EUTM No 12 166 062). When looking at the goods and services of the earlier rights, there are no relevant points of contact since the goods and services differ not only in nature and purpose but also in their relevant distribution channels and relevant public. Neither are they in competition nor do they share a complementary character.
Contested goods in Class 16
The contested paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; artists' materials; instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); placards of paper or cardboard; chart pointers, non-electronic; absorbent sheets of paper or plastic for foodstuff packaging; address plates for addressing machines; address stamps; prints [engravings]; posters; napkins of paper for removing make-up; albums; almanacs; apparatus for mounting photographs; aquarelles; atlases; paper tapes and cards for the recordal of computer programmes; figurines [statuettes] of papier mâché; mats for beer glasses; biological samples for use in microscopy [teaching materials]; bookmarkers; plans; pads [stationery]; flower-pot covers of paper; bookbindings; books; bookends; booklets; trays for sorting and counting money; writing board erasers; embroidery designs [patterns]; architects' models; postcards; writing paper; pamphlets; tracing cloth; tracing paper; tracing patterns; carbon paper; catalogues; chromos; newsletters; pen clips; correcting ink [heliography]; correcting tapes [office requisites]; correcting fluids [office requisites]; diagrams; folders for papers; manifolds [stationery]; document files [stationery]; boxes of cardboard or paper; printed matter; duplicators; elastic bands for offices; envelopes [stationery]; labels, not of textile; etchings; filtering materials [paper]; filter paper; flyers; sheets of reclaimed cellulose for wrapping; forms, printed; photographs [printed]; photoengravings; photograph stands; electrotypes; printed timetables; printed publications; gummed cloth for stationery purposes; geographical maps; terrestrial globes; graphic reproductions; graphic representations; engravings; slate pencils; rubber erasers; handbooks [manuals]; towels of paper; face towels of paper; histological sections for teaching purposes; hat boxes of cardboard; document holders [stationery]; advertisement boards of paper or cardboard; stands for pens and pencils; wood pulp paper; wood pulp board [stationery]; charcoal pencils; bottle envelopes of cardboard or paper; inking sheets for duplicators; inking sheets for document reproducing machines; ink; pen wipers; inking ribbons; inking ribbons for computer printers; inkwells; ink sticks; ink stones [ink reservoirs]; french curves; perforated cards for jacquard looms; cards; covers [stationery]; calendars; stationery; stamps [seals]; cardboard; cardboard articles; drawer liners of paper, perfumed or not; announcement cards [stationery]; binding strips [bookbinding]; tailors' chalk; clipboards; patterns for making clothes; paper coffee filters; balls for ball-point pens; cardboard tubes; copying paper [stationery]; newspapers; writing chalk; chalk holders; nibs; nibs of gold; luminous paper; song books; square rulers; paper ribbons; typewriter ribbons; lithographic works of art; lithographs; loose-leaf binders; stencils [stationery]; marking pens [stationery]; bookbinding material; marking chalk; patterns for dressmaking; tracing needles for drawing purposes; clips for offices; stapling presses [office requisites]; plastic bubble packs for wrapping or packaging; note books; oleographs; teaching materials [except apparatus]; coasters of paper; indian inks; decalcomanias; packing paper; pantographs [drawing instruments]; paper-clips; paper; waxed paper; papier mâché; electrocardiograph paper; paper for recording machines; paper for radiograms; paper clasps; pastels [crayons]; stencil cases; penholders; pens [office requisites]; pen cases; parchment paper; printers' blankets, not of textile; tickets; place mats of paper; sealing wafers; gummed tape [stationery]; plastic film for wrapping; wristbands for the retention of writing instruments; portraits; letter trays; postage stamps; pencils; pencil holders; pencil sharpening machines, electric or non-electric; pencil leads; pencil lead holders; pictures; paperweights; prospectuses; thumbtacks; pencil sharpeners, electric or non-electric; conical paper bags; scrapers [erasers] for offices; erasing products; erasing shields; index cards [stationery]; indexes; ledgers [books]; calculating tables; plastic cling film, extensible, for palletization; cream containers of paper; trading cards other than for games; tags for index cards; paintings [pictures], framed or unframed; school supplies [stationery]; blackboards; writing or drawing books; writing cases [stationery]; writing materials; inkstands; writing cases [sets]; writing instruments; writing slates; rollers for typewriters; writing brushes; handwriting specimens for copying; cigar bands; bibs of paper; sealing stamps; shields [paper seals]; writing pads; steatite [tailor's chalk]; spools for inking ribbons; steel pens; cases for stamps [seals]; holders for stamps [seals]; inking pads; stamp stands; stencils; stickers [stationery]; paper bows; comic books; tablecloths of paper; table linen of paper; tablemats of paper; table napkins of paper; drawing materials; drawing pads; drawing squares; drawing sets; drawing t-squares; graphic prints; drawing instruments; drawing rulers; compasses for drawing; stencil plates; magazines [periodicals]; typewriter keys; toilet paper; transparencies [stationery]; drawing pens; signboards of paper or cardboard; paper sheets [stationery]; paint boxes [articles for use in school]; bottle wrappers of cardboard or paper; packaging material made of starches; finger-stalls [office requisites]; viscose sheets for wrapping; isinglass for stationery or household purposes; flags of paper; blotters; humidity control sheets of paper or plastic for foodstuff packaging; folders [stationery]; garbage bags of paper or of plastics; fountain pens; periodicals; greeting cards; musical greeting cards; xuan paper for chinese painting and calligraphy; handkerchiefs of paper; bags for microwave cooking; bags [envelopes, pouches] of paper or plastics, for packaging; sealing wax; sealing compounds for stationery purposes; seals [stamps]; stamp pads; galley racks [printing]; silver paper are identical to at least one of the following goods of the opponent: paper, cardboard and goods made from these materials, included Class 16; printed matter; photographs; stationery; instructional and teaching material (except apparatus); plastic materials for packaging, included in Class 16, either because they are identically contained in both lists (including synonyms) or because the opponent’s goods are included in or overlap with the contested goods or vice versa.
The contested adhesives for stationery purposes; gluten [glue] for stationery purposes; gums [adhesives] for stationery purposes; adhesive bands for stationery purposes; adhesives [glues] for stationery purposes; glue for stationery purposes; adhesive tapes for stationery purposes; starch paste [adhesive] for stationery purposes; self-adhesive tapes for stationery purposes are included in the broad category of the opponent’s stationery. Therefore, they are considered identical.
The contested adhesives for household purposes; gluten [glue] for household purposes; gums [adhesives] for household purposes; adhesive bands for household purposes; adhesives [glues] for household purposes; glue for household purposes; adhesive tapes for household purposes; starch paste [adhesive] for household purposes; self-adhesive tapes for household purposes are highly similar to the opponent’s stationery as they have the same purpose and nature. Furthermore, they can target the same end consumers and may have the same commercial origin.
The contested office requisites (except furniture); adhesive tape dispensers [office requisites]; moisteners for gummed surfaces [office requisites]; moisteners [office requisites]; bookbinding apparatus and machines [office equipment]; envelope sealing machines, for offices; hand labelling appliances; office requisites, except furniture; cabinets for stationery [office requisites]; printing sets, portable [office requisites]; files [office requisites]; paper knives [office requisites]; paper shredders for office use; office perforators; document laminators for office use; punches [office requisites]; drawing boards; sealing machines for offices are similar to various degrees to the opponent’s stationery, as they can coincide in their producers, end users and distribution channels. Furthermore, in some cases they have a similar purpose or may be complementary (for example, adhesive tape dispensers [office requisites] and adhesives for stationery purposes).
The contested bookbinding cords; bookbinding cloth and fabrics for bookbinding are all bookbinding materials and are considered to be similar to the opponent’s stationery, the latter including materials to bind sheets of paper or documents and thus having a similar purpose to the contested goods. Furthermore, the goods under comparison can coincide in distribution channels and may have the same commercial origin.
The contested paint brushes; modelling clay; modelling materials; modelling paste; modelling wax, not for dental purposes; etching needles; hand-rests for painters; graining combs; chalk for lithography; lithographic stones; molds for modelling clays [artists' materials]; palettes for painters; paintbrushes; plastics for modelling; painters' easels; painters' brushes; canvas for painting; paint trays; house painters' rollers and artists' watercolour saucers are various types of artists’ materials and paint brushes. They are considered to be similar to the opponent’s paper as they may have a similar purpose and may coincide in end consumers and distribution channels.
The contested holders for checkbooks [cheque books and passport holders are similar to the opponent’s goods made of these materials and included in Class 18 [leather and imitations of leather], as the former are frequently made of leather and imitations of leather and the latter can include cases or other holders. Therefore, they may have the same nature and distribution channels, target the same consumers and are likely to come from the same kinds of undertakings.
The contested typewriters (keyboard machines for writing mechanically in characters resembling print); vignetting apparatus; postage meters for office use; hectographs (direct-process duplicators using either gelatin or the spirit process for making a master copy); addressing machines; numbering apparatus; credit card imprinters, nonelectric; typewriters, electric or non-electric; mimeograph apparatus and machines (office machines for printing multiple copies of text or line drawings from an inked drum to which a cut stencil is fixed) are different types of machines with specific functions. The contested printers' type is an iron device bearing a letter, a group of letters or a sign and is used for letterpress printing; printing blocks are pieces of solid material used as tools for printing texts, images or patterns. These goods, as well as the contested numbers [type]; printing blocks; printing type; letters [type]; engraving plates; composing frames [printing]; money clips; steel letters; chaplets; composing sticks and printers' reglets are considered to be dissimilar to all the opponent’s goods and services as the Opposition Division fails to find any relevant points in common. Their natures are different, they are not substitutes for one another and they are not in competition with one another. The relevant consumer will not regard the goods and services of the earlier trade marks and the abovementioned contested goods as originating from the same undertaking, as they do not usually have the same commercial origin. Furthermore, they satisfy different needs.
Contested goods in Class 21
The contested mark is filed for all the goods included in the alphabetical list of Class 21 of the Nice Classification (tenth edition, 2013). The contested goods are identical to the goods covered by the earlier EUTM No 12 166 062, either because they appear in the alphabetical list of Class 21 in the ninth edition of the Nice Classification or because they fall within the natural and usual meaning of the general indications specified in the earlier mark (for example, the contested mop wringers fall within the broad category of the opponent’s articles for cleaning purposes, the contested waste paper baskets fall within the broad category of the opponent’s household or kitchen utensils and containers, etc.).
Contested goods in Class 25
The contested mark is filed for all the goods included in the alphabetical list of Class 25 of the Nice Classification (tenth edition, 2013). The contested goods are identical to the goods covered by the earlier EUTM No 12 166 062, either because they appear in the alphabetical list of Class 25 in the ninth edition of the Nice Classification or because they fall within the natural and usual meaning of the general indications specified in the earlier mark (for example, the contested skorts, ponchos and sarongs fall within the broad category of the opponent’s clothing, etc.).
Contested goods in Class 29
The contested mark is filed for all the goods included in the alphabetical list of Class 29 of the Nice Classification (tenth edition, 2013). Almost all of the contested goods in Class 29 (except for the goods listed in the subsequent paragraph) are identical to at least one of the opponent’s goods, namely meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, compotes; eggs, milk and milk products; edible oils and fats, either because they are identically contained in both lists (including synonyms) or because the opponent’s goods are included in or overlap with the contested goods or vice versa.
The remaining contested goods in Class 29 are alginates for culinary purposes; edible birds' nests; lecithin for culinary purpose; pectin for culinary purposes; pollen prepared as foodstuff; rennet and seaweed extracts for food.
The contested pollen prepared as foodstuff is eaten for its spectacular health benefits since it has rejuvenating powers, aids beauty, boosts energy, fights allergies, amongst other beneficial properties. Pollen prepared as foodstuff is similar to the opponent’s honey in Class 30, as they can coincide in producer, end user and distribution channels.
Alginates for culinary purposes are substances to stabilise or thicken food preparations; lecithin for culinary purposes is an emulsifier and stabiliser. The contested seaweed extracts for food are additives for foods and serve specific purposes. These goods are used in the food industry for their gelling and/or water-retention and /or emulsifying and/or other physical properties. Pectin for culinary purposes is a soluble gelatinous polysaccharide which is present in ripe fruits and is used as a gelling and thickening agent and as a stabiliser in food. The contested pectin for culinary purposes, alginates for culinary purposes, lecithin for culinary purposes, seaweed extracts for food are similar to the opponent’s thickening agents for cooking foodstuffs, which appear in the opponent’s alphabetical list of Class 30. The goods can share the same purpose, they can have the same commercial origin and they can be in competition. Moreover, they are distributed through the same distribution channels and target the same, mainly professional, end users.
The contested edible birds’ nests are built exclusively by small birds known as swiflets which are found in South-East Asia. The nests are made of solidified saliva with little or no plant material. The nests are harvested, and to this end the respective company creates structures where the nests can be built in order to attract the birds. The nests have been used in Chinese cooking for over 400 years, most often as bird's nest soup. The soup is made by soaking and steaming the nests in water and is said to be an aphrodisiac and to have various medicinal qualities. The Opposition Division considers the contested edible birds’ nests to be similar to a low degree to the opponent´s services of providing of food and drink in Class 43 since the goods and services under comparison are complementary in the sense that the contested goods are indispensable for the contested services and the consumers may be led to think that the goods (for example, in the form of conserved or prepared food) and the opponent´s services are imported and/or commercialised by the same undertaking or by economically linked undertakings.
The contested rennet is a substance, containing the enzyme rennin, prepared especially from the stomachs of calves and used to coagulate milk in the production of cheese. Rennet serves specific purposes and is not meal or a foodstuff likely to be consumed on its own. Furthermore, it is addressed to a highly specialized relevant public such as producers of foodstuffs.
The contested rennet is dissimilar to all the opponent’s goods and services (including to the goods and services that appear in the alphabetical lists and/or do not fall within the natural and usual meaning of the general indications in the class headings of Classes 3, 18, 21, 25, 28, 30, 31, 32, 33 and 43 of the earlier EUTM No 12 166 062). The mere fact that some of the opponent’s goods may contain the contested goods is not sufficient to find them similar. The contested goods are not everyday goods and they serve specific purposes. When looking at the goods and services of the earlier rights, there are no relevant points of contact since the goods and services differ not only in nature and purpose but also in their relevant distribution channels and relevant public. Neither are they in competition nor do they share a complementary character.
Contested goods in Class 30
The contested mark is filed for all the goods included in the alphabetical list of Class 30 of the Nice Classification (tenth edition, 2013). The contested goods, with the exception of noodle-based prepared meals and cheeseburgers [sandwiches], are identical to the goods covered by the earlier EUTM No 12 166 062, either because they appear in the alphabetical list of Class 30 in the ninth edition of the Nice Classification or because they fall within the natural and usual meaning of the general indications specified in the earlier mark (for example, the contested dessert mousses [confectionery] fall within the broad category of the opponent’s confectionery, the contested high-protein cereal bars fall within the broad category of the opponent’s preparations made from cereals, etc.).
The contested cheeseburgers [sandwiches] are included in the broad category of the opponent’s sandwiches, which appear in the alphabetical list of Class 30 in the ninth edition of the Nice Classification. Therefore, they are considered identical.
The contested noodle-based prepared meals are similar to a low degree to the opponent’s preparations made from cereals as they can coincide in end user and distribution channels. Furthermore, they are in competition.
Contested goods in Class 31
The contested mark is filed for all the goods included in the alphabetical list of Class 31 of the Nice Classification (tenth edition, 2013). The contested goods are identical to the goods covered by the earlier EUTM No 12 166 062, either because they appear in the alphabetical list of Class 31 in the ninth edition of the Nice Classification or because they fall within the natural and usual meaning of the general indications specified in the earlier mark (for example, the contested linseed for animal consumption and wheat germ for animal consumption fall within the broad category of the opponent’s foodstuffs for animals, etc.).
Contested goods in Class 32
The contested mark is filed for all the goods included in the alphabetical list of Class 32 of the Nice Classification (tenth edition, 2013). The contested goods are identical to the goods covered by the earlier EUTM No 12 166 062, either because they appear in the alphabetical list of Class 32 in the ninth edition of the Nice Classification or because they fall within the natural and usual meaning of the general indications specified in the earlier mark (in particular, the contested smoothies and aloe vera drinks, non-alcoholic fall within the broad category of the opponent’s other non-alcoholic drinks).
Contested goods in Class 33
Alcoholic beverages (except beers) are identically contained in both the applicant’s and the opponent’s lists of goods (twice in the applicant’s list).
The contested alcoholic beverages containing fruit; pre-mixed alcoholic beverages, other than beer-based; anise [liqueur]; anisette [liqueur]; aperitifs; arak [arrack]; bitters; brandy; cider; cocktails; curacao; digesters [liqueurs and spirits]; piquette; distilled beverages; hydromel [mead]; gin; kirsch; liqueurs; nira [sugarcane-based alcoholic beverage]; peppermint liqueurs; perry; rice alcohol; rum; sake; spirits [beverages]; whisky; wine; vodka are included in the broad category of the opponent’s alcoholic beverages (except beers). Therefore, they are considered identical.
The remaining contested alcoholic essences; alcoholic extracts and fruit extracts, alcoholic are identically covered by the alphabetical list of goods in Class 33 covered by the opponent’s EUTM No 12 166 062.
Contested services in Class 35
The contested business administration and business management include, as broader categories, respectively the opponent’s business administration and business management with regard to the planning, arranging and conducting of customer attraction and customer loyalty systems, in particular in the field of mailing, discount, voucher and reward schemes. It is impossible for the Opposition Division to filter these services from the abovementioned categories. Since the Opposition Division cannot dissect ex officio the broad categories of the applicant’s services, they are considered identical to the opponent’s services.
The contested office functions include, as a broader category, the opponent’s issuing information and data carriers, for others (included in Class 35), for entering discount, voucher and reward transactions, in particular voucher books, credit cards and cheque cards containing visually readable and/or machine-readable identification data and/or information, in particular magnetic cards and chip cards (smart cards). It is impossible for the Opposition Division to filter these services from the abovementioned category. Since the Opposition Division cannot dissect ex officio the broad category of the applicant’s services, they are considered identical to the opponent’s services.
The contested advertising and the opponent’s franchising, namely providing of commercial and organisational know-how, for a fee, for the marketing of goods and services may coincide in purpose and target the same end consumers. Therefore, these services are considered to be similar to a low degree.
Relevant public — degree of attention
The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. It should also be borne in mind that the average consumer’s degree of attention is likely to vary according to the category of goods or services in question.
In the present case, the goods and services found to be identical or similar are directed at the public at large and at business customers with specific professional knowledge or expertise. The degree of attention may vary between average (for example, with regard to the goods in Classes 16 and 25) and higher than average (for example, for the goods in Class 5 which can have an impact on the health).
The signs
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Earlier trade marks |
Contested sign |
The relevant territory is the European Union.
The global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components (11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 23).
The unitary character of the European Union trade mark means that an earlier European Union trade mark can be relied on in opposition proceedings against any application for registration of a European Union trade mark that would adversely affect the protection of the first mark, even if only in relation to the perception of consumers in part of the European Union (18/09/2008, C‑514/06 P, Armafoam, EU:C:2008:511, § 57). Therefore, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application. In the present case, the Opposition Division finds it appropriate to focus the comparison of the signs on the Lithuanian- and Polish-speaking part of the relevant public.
The earlier marks are figurative marks consisting of a rectangular box composed of a decorative white and a yellow wave-like shape and the word element ‘basic’ in blue lowercase letters represented inside a rectangle outlined in blue. Merely the dot on the letter ‘i’ is displayed in red. The verbal element has no meaning for the majority of the public in the relevant territory and for this part of the public the earlier marks are composed of a distinctive verbal element and less distinctive figurative elements of a rather decorative nature. However, it cannot be excluded that a part of the public (in particular, the professional users of services in Class 35) would recognise the English word ‘basic’ meaning, inter alia, ‘offering or constituting a minimum required without elaboration or luxury; simplest or lowest in level’, something fundamental or essential (see Oxford dictionaries online) and would perceive it as denoting that the standard of these goods and services is that of a minimum required without elaboration or luxury (see, in this sense, decision of 31/03/2011 – R 1440/2010-1 – basic (fig. mark) / BASIC (fig. mark), § 42, confirmed by judgment of 26/06/2014, T‑372/11, Basic, EU:T:2014:585, § 60). Therefore, it is considered that for this part of the public the word element ‘basic’ is of limited distinctiveness.
However, it cannot be held that this element will be devoid of distinctiveness for the Lithuanian- and Polish-speaking public (without prejudice to the perception of this element by other parts of the relevant public, referred to by the applicant in its examples of EUTM and national marks refusals on absolute grounds), as claimed by the applicant, as it will be perceived by a part of the Lithuanian- and Polish-speaking public at most as allusive, but not as totally descriptive of characteristics of the goods and services in question.
The contested sign is also a figurative mark composed of the verbal element ‘BASIC’ depicted in black uppercase letters preceded by a red and white figurative device. The considerations as regards the perception and the distinctiveness of the element ‘BASIC’ in the earlier sign on part of the relevant Lithuanian- and Polish-speaking public apply equally here.
The Opposition Division takes note of the applicant’s argument that the figurative device at the beginning of the contested sign clearly depicts the letters ‘AH’ which is allegedly recognised by the Office, as evident from the description of the mark applied for.
However, it is to be considered that the description of the contested mark is provided by the applicant and the mere fact that the applicant named the contested sign ‘AH basic’ at the moment of filing of the application for its registration does not automatically imply that the relevant public will perceive in a clear and definite manner the combination of the letters ’AH’ (24/01/2012, T‑593/10, B, EU:T:2012:25, § 28). The Opposition Division considers that the overall impression of the element at the beginning of the contested sign is that of a purely figurative device made up of a white ornamental element against the background of a red envelope-like device with no clearly recognisable letters therein which will not be attributed more trade mark significance than the verbal element ‘BASIC’.
The marks under comparison have no elements which could be considered clearly more dominant (visually eye‑catching) than other elements.
Visually, the signs coincide in the verbal element ‘basic’. However, they differ in the stylisation of the said word element in the conflicting signs as well as in the additional figurative elements – the rectangular box outlined in blue, the white and yellow wave-like shape as well as the blue font of the word element ‘basic’ and the red dot of the letter ‘i’ of the earlier marks and the red and white figurative device and the position of the word element in the contested sign.
When signs consist of both verbal and figurative components, in principle, the verbal component of the sign usually has a stronger impact on the consumer than the figurative component. This is because the public does not tend to analyse signs and will more easily refer to the signs in question by their verbal element than by describing their figurative elements (14/07/2005, T‑312/03, Selenium-Ace, EU:T:2005:289, § 37; decisions of 19/12/2011, R 233/2011‑4 Best Tone (fig.) / BETSTONE (fig.), § 24; 13/12/2011, R 53/2011‑5, Jumbo(fig.) / DEVICE OF AN ELEPHANT (fig.), § 59).
Therefore, taking into account that the coincidences lie in the most memorable element of the conflicting signs which is, moreover, at least for part of the public normally distinctive, the Opposition Division finds that despite the visual differences the signs are visually similar to at least a low degree.
Aurally, as the only verbal and pronounceable element in the conflicting signs is identical, the pronunciation of the marks will be identical as well.
Conceptually, for the majority of the public in the relevant territory neither of the signs has a meaning. For this part of the public, since a conceptual comparison is not possible, the conceptual aspect does not influence the assessment of the similarity of the signs. As explained above, it may not be excluded that a part of the public would understand the English word ‘basic’. Although the distinctiveness of this element would be, for this part of the public, limited, the figurative elements of the conflicting signs would not convey to the relevant public particular concepts and therefore the signs are conceptually identical.
As the signs have been found similar in at least one aspect of the comparison, the examination of likelihood of confusion will proceed.
Distinctiveness of the earlier marks
The distinctiveness of the earlier marks is one of the factors to be taken into account in the global assessment of likelihood of confusion.
According to the opponent, the earlier marks have been extensively used and enjoy an enhanced scope of protection. However, for reasons of procedural economy, the evidence filed by the opponent to prove this claim (which evidence concerns the use of the earlier marks in Germany and Austria) does not have to be assessed in the present case (see below in ‘Global assessment’).
Consequently, the assessment of the distinctiveness of the earlier marks will rest on their distinctiveness per se. In the present case, the earlier trade marks as a whole have no meaning for any of the goods and services in question from the perspective of the majority of the public in the relevant territory. Therefore, the distinctiveness of the earlier marks must be seen as normal, despite the presence of some weak elements in the marks as stated above in section c) of this decision. As regards the part of the public who would understand the meaning of the English word ‘basic’, the distinctiveness of the earlier marks must be seen as below average for the goods and services in question (see, in this sense, decision of 31/03/2011 – R 1440/2010-1 – basic (fig. mark) / BASIC (fig. mark), § 42, confirmed by judgment of 26/06/2014, T‑372/11, Basic, EU:T:2014:585, § 60).
Global assessment, other arguments and conclusion
The Court has stated that the likelihood of confusion must be appreciated globally, taking into account all the factors relevant to the circumstances of the case; this appreciation depends on numerous elements and, in particular, on the degree of recognition of the mark on the market, the association that the public might make between the two marks and the degree of similarity between the signs and the goods and services (11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 22).
The Court has also held that the global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components (11/11/1997, C‑251/95, Sabèl, EU:C:1997:528, § 23).
The contested goods and services are partly identical, partly similar (to varying degrees) and partly dissimilar to the opponent’s goods and services.
The signs are similar on account of the coinciding word element ‘basic’. The signs differ in the stylisation and the position of the said word element within the conflicting signs, as well as in the figurative elements in the signs (including colouring).
However, as explained above in section c) of this decision regarding the stylisation of the verbal elements and the figurative elements in the signs, it is considered that the relevant consumers will focus their attention on the verbal, rather than the figurative, elements of the marks.
Therefore, the Opposition Division is of the opinion that the majority of the relevant public (even if displaying a higher level of attention) will be led by the coincidence in the most distinctive element of the signs, ‘basic’, to believe that the goods and services designated by the conflicting marks come from the same undertaking or from economically linked undertakings.
It should be noted that the likelihood of confusion includes the likelihood of association, in the sense that the public may, if not confuse the conflicting signs directly, conclude that they designate different lines of products coming from the same undertaking or economically-linked undertakings.
Furthermore, account should be taken of the fact that the average consumer only rarely has the chance to make a direct comparison between the different marks and must place trust in the imperfect picture of them that he or she has kept in mind.
It is true that a part of the public (in particular, professionals) may understand the English word ‘basic’ and for this part of the public the distinctiveness of the earlier marks as a whole is rather low.
However, the finding of weak distinctive character for the earlier trade marks does not prevent a finding that there is a likelihood of confusion in the present case. Although the distinctive character of the earlier marks must be taken into account when assessing the likelihood of confusion, it is only one factor among others involved in that assessment. Thus, even in a case involving an earlier mark of weak distinctive character, there may be a likelihood of confusion on account, in particular, of a similarity between the signs and between the goods or services covered (see, to that effect, 16/03/2005, T‑112/03, Flexi Air, EU:T:2005:102, § 61).
While it is true that the more distinctive the earlier mark, the greater will be the likelihood of confusion, the Opposition Division finds in the present case that, also for this part of the public, the identity and similarity of the goods and services covered by the respective marks, combined with a visual similarity and a phonetic and conceptual identity of the signs, suffice to create a likelihood of confusion within the meaning of Article 8(1)(b) EUTMR.
This conclusion is not altered by the applicant’s arguments as regards alleged use of the word ‘basic’ in a descriptive manner in Germany in relation to food, as they do not concern the relevant Lithuanian- and Polish-speaking part of the public in the present case.
In its observations, the applicant argues that the earlier trade marks have a low distinctive character given that there are many trade marks that include the word ‘basic’. In support of its argument the applicant refers to many trade mark registrations in EU countries.
The Opposition Division notes that the existence of several trade mark registrations is not per se particularly conclusive, as it does not necessarily reflect the situation in the market. In other words, on the basis of data concerning a register only, it cannot be assumed that all such trade marks have been effectively used. It follows that the evidence filed does not demonstrate that consumers have been exposed to widespread use of, and have become accustomed to, trade marks that include ‘basic’. Under these circumstances, the applicant’s claims must be set aside.
The applicant argues that its EUTM has reputation and filed various pieces of evidence to substantiate this claim.
The right to an EUTM begins on the date when the EUTM is filed and not before, and from that date on the EUTM has to be examined with regard to opposition proceedings.
Therefore, when considering whether or not the EUTM falls under any of the relative grounds for refusal, events or facts which happened before the filing date of the EUTM are irrelevant because the rights of the opponent, insofar as they predate the EUTM, are earlier than the applicant’s EUTM.
The
applicant refers
to previous decisions of the Office to support its arguments, namely
to decision of 12/02/2010, B 1 389 677 (
versus
)
and to decision of 31/01/2012, B 1 672 131 (BASIK
versus
).
However, 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, according to settled case-law, the legality of decisions is to be assessed purely with reference to the EUTMR, and not to the Office’s practice in earlier decisions (30/06/2004, T‑281/02, Mehr für Ihr Geld, EU:T:2004:198).
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 present case, the previous cases referred to by the applicant are not relevant to the present proceedings, because at least one of the signs in the cases referred to by the applicant is different to the marks at hand and comprises additional verbal components and because, furthermore, the Opposition Division considers decision of 31/03/2011 – R 1440/2010-1 – basic (fig. mark) / BASIC (fig. mark), confirmed by judgment of 26/06/2014, T‑372/11, Basic, EU:T:2014:585 more relevant to the present opposition proceedings.
The applicant refers to previous national decisions to support its arguments. However, it must be noted that decisions of national courts and national offices regarding conflicts between identical or similar trade marks on the national level do not have a binding effect on the Office since the European Union trade mark regime is an autonomous system which applies independently of any national system (13/09/2010, T‑292/08, Often, EU:T:2010:399).
Even though previous national decisions are not binding, their reasoning and outcome should be duly considered, particularly when the decision has been taken in the Member State that is relevant to the proceedings.
In the present case, the decision referred to by the applicant (decision of the Benelux Office for Intellectual Property) is not to be taken into account as it was not received within the time limit, in accordance with Rule 20(2), (3) and (4) EUTMIR (see the Office’s letter of 22/10/2014).
However, even if it were to be taken into account, this previous case referred to by the applicant would not have changed the outcome in the present decision because it concerns the Benelux, which is not the territory examined in the current opposition proceedings.
Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the Lithuanian- and Polish-speaking part of the public and therefore the opposition is partly well-founded on the basis of the opponent’s European Union trade mark registrations. As stated above in section c) of this decision, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.
It follows from the above that the contested trade mark must be rejected for the goods and services found to be identical or similar (including to a low degree) to those of the earlier trade marks.
The rest of the contested goods are dissimilar. As similarity of goods and services is a necessary condition for the application of Article 8(1) EUTMR, the opposition based on this article and directed at these goods cannot be successful.
Since the opposition is partially successful on the basis of the inherent distinctiveness of the earlier marks, there is no need to assess the enhanced degree of distinctiveness of the opposing marks due to their extensive use 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 marks enjoyed an enhanced degree of distinctiveness.
Likewise, there is no need to assess the claimed enhanced degree of distinctiveness of the opposing marks in relation to dissimilar goods, as the similarity of goods and services is sine qua non for there to exist likelihood of confusion. The result would be the same even if the earlier marks enjoyed an enhanced degree of distinctiveness.
NON‑REGISTERED MARK OR ANOTHER SIGN USED IN THE COURSE OF TRADE – ARTICLE 8(4) EUTMR
The opponent based its opposition also on the following rights:
Trade name ‘basic’ (word) used in the course of trade in Austria for the retail, distribution and wholesale of foodstuffs, beverages, drugstore articles, organic and other consumer products, restaurant services;
Trade name ‘basic’ (word) used in the course of trade in Germany for the retail, distribution and wholesale of foodstuffs, beverages, drugstore articles, organic and other consumer products, restaurant services;
Trade name ‘basic AG’ (word) used in the course of trade in Germany for the retail, distribution and wholesale of foodstuffs, beverages, drugstore articles, organic and other consumer products, restaurant services;
Company name ‘basic Aktiengesellschaft Lebensmittelhandel’ (word) used in the course of trade in Germany for the retail, distribution and wholesale of foodstuffs, beverages, drugstore articles, organic and other consumer products, restaurant services.
According to Article 8(4) EUTMR, upon opposition by the proprietor of a non‑registered trade mark or of another sign used in the course of trade of more than mere local significance, the trade mark applied for shall not be registered where and to the extent that, pursuant to the Union legislation or the law of the Member State governing that sign:
(a) rights to that sign were acquired prior to the date of application for registration of the European Union trade mark, or the date of the priority claimed for the application for registration of the European Union trade mark;
(b) that sign confers on its proprietor the right to prohibit the use of a subsequent trade mark.
Therefore, the grounds of refusal of Article 8(4) EUTMR are subject to the following requirements:
the earlier sign must have been used in the course of trade of more than local significance prior to the filing of the contested trade mark;
pursuant to the law governing it, prior to the filing of the contested trade mark, the opponent acquired rights to the sign on which the opposition is based, including the right to prohibit the use of a subsequent trade mark;
the conditions under which the use of a subsequent trade mark may be prohibited are fulfilled in respect of the contested trade mark.
These conditions are cumulative. Therefore, where a sign does not satisfy one of those conditions, the opposition based on a non‑registered trade mark or other signs used in the course of trade within the meaning of Article 8(4) EUTMR cannot succeed.
The right under the applicable law - Trade name ‘basic’ (word) used in the course of trade in Austria
According to Article 76(1) EUTMR, the Office will examine the facts of its own motion in proceedings before it; however, in proceedings relating to relative grounds for refusal of registration, the Office will restrict this examination to the facts, evidence and arguments submitted by the parties and the relief sought.
According to Rule 19(2)(d) EUTMIR, if the opposition is based on an earlier right within the meaning of Article 8(4) EUTMR, the opposing party must provide evidence of its acquisition, continued existence and scope of protection.
Therefore, the onus is on the opponent to submit all the information necessary for the decision, including identifying the applicable law and providing all the necessary information for its sound application. According to case-law, it is up to the opponent ‘… to provide the EUIPO not only with particulars showing that he satisfies the necessary conditions, in accordance with the national law of which he is seeking application … but also particulars establishing the content of that law’ (05/07/2011, C‑263/09 P, Elio Fiorucci, EU:C:2011:452, § 50). The evidence to be submitted must allow the Opposition Division to determine safely that a particular right is provided for under the law in question, as well as the conditions for acquisition of that right. The evidence must further clarify whether the holder of the right is entitled to prohibit the use of a subsequent trade mark, as well as the conditions under which the right may prevail and be enforced vis‑à‑vis a subsequent trade mark.
As regards national law, the opponent must cite the provisions of the applicable law on the conditions governing acquisition of rights and on the scope of protection of the right. The opponent must provide a reference to the relevant legal provision (article number, and the number and title of the law) and the content (text) of the legal provision either as part of its submission or by highlighting it in a publication attached to the submission (e.g. excerpts from an official journal, a legal commentary or a court decision). As the opponent is required to prove the content of the applicable law, it must provide the applicable law in the original language. If that language is not the language of the proceedings, the opponent must also provide a complete translation of the legal provisions invoked in accordance with the standard rules of substantiation.
Furthermore, the opponent must submit appropriate evidence of fulfilment of the conditions of acquisition and of the scope of protection of the right invoked, as well as evidence that the conditions of protection vis-à-vis the contested mark have actually been met. In particular, it must put forward a cogent line of argument as to why use of the contested mark would be successfully prevented under the applicable law.
In the present case, the opponent did not submit any information on the legal protection granted to the type of trade sign invoked by the opponent, namely the trade name ‘basic’ (word) used in the course of trade in Austria. The opponent did not submit any information on the possible content of the rights invoked or the conditions to be fulfilled for the opponent to be able to prohibit the use of the contested trade mark under the law in Austria.
Therefore, the opposition is not well founded under Article 8(4) EUTMR, as far as it is based on the trade name ‘basic’ (word) used in the course of trade in Austria.
The opponent’s right vis‑à‑vis the contested trade mark
The opponent relies on trade names and a company name in Germany and on Article 5(2) of the German Trade Mark Act (GTMA) in connection with Article 15(1) and (2) GTMA, according which the proprietor of a business identifier can rely upon this exclusive right to prohibit third parties from using an identical or similar sign in trade. This exclusive right can be enforced only where a likelihood of confusion arises with the business identifier. Therefore, it is necessary to verify whether there is likelihood of confusion between the opponent’s trade names and company name and the contested EUTMA.
Likelihood of confusion
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.
1. The goods and services
The opposition is directed against the following remaining goods of the contested trade mark:
Class 8: Glazing irons; rasps [hand tools].
Class 16: Typewriters; printers' type; printing blocks; vignetting apparatus; numbers [type]; printing blocks; printing type; letters [type]; postage meters for office use; money clips; engraving plates; hectographs; composing frames [printing]; steel letters; addressing machines; numbering apparatus; credit card imprinters, nonelectric; chaplets; typewriters, electric or non-electric; mimeograph apparatus and machines; composing sticks; printers' reglets.
Class 29: Rennet.
The opponent’s German company name and trade names are invoked for: retail, distribution and wholesale of foodstuffs, beverages, drugstore articles, organic and other consumer products, restaurant services. The opponent claims and explains that it operates a supermarket chain for organic products and bistros attached to the supermarkets under the invoked business identifiers.
The contested goods in Class 8 are hand tools for use in construction, repair and maintenance. These goods are specialized goods and serve specific purposes. The contested goods in Class 16 are different types of machines with specific functions or devices used for letterpress printing or as tools for printing texts, images or patterns. The Opposition Division sees no relevant point of contact between the above mentioned contested goods and the opponent’s services/business areas since they differ not only in nature and purpose but also in their relevant distribution channels and relevant public. Neither are they in competition nor do they share a complementary character. Therefore, they are considered to be dissimilar.
The contested rennet is used to coagulate milk in the production of cheese. Rennet is not an everyday good, it serves specific purposes and is not meal or a foodstuff likely to be consumed on its own. Furthermore, it is addressed to a highly specialized relevant public such as producers of foodstuffs and is usually not available in food or drink sections in supermarkets.
When looking at the contested rennet and the services of the earlier rights, there are no relevant points of contact since the goods and services differ not only in nature and purpose but also in their relevant distribution channels and relevant public. Neither are they in competition and nor do they share a complementary character. As such they are dissimilar.
As seen above, the similarity of the goods or services/business areas is a condition for a finding of likelihood of confusion. Since the goods and services/business areas are dissimilar, one of the necessary conditions is not fulfilled, and the opposition must be rejected insofar as it is based on Article 8(4) EUTMR.
COSTS
According to Article 85(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 85(2) EUTMR, 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
Deirdre QUINN |
|
Vita VORONECKAITE |
According to Article 59 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds 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 720 has been paid.
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