OPPOSITION No B 2 954 694

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OPPOSITION DIVISION

OPPOSITION No B 2 954 694

Carla Fernández Expósito, C/Lugar Y Fontegla, 17, 36995, Poyo, Pontevedra, Spain (opponent), represented by Aseprin, S.L., Calle Pradillo, 18. 1º, 28002, Madrid, Spain (professional representative)

a g a i n s t

CNL International BV, West Kruiskade 6A, 3014AP Rotterdam, Netherlands (applicant).

On 09/10/2018, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 954 694 is partially upheld, namely for the following contested services:

Class 39: Travel courier; travel services; travel arrangements; travel agencies; travel agency; travel information; reservation (travel -); travel reservations; travel consultancy; travel organisation; travel organization; travel arrangement; travel reservation; escorting travellers; travel arrangement services; courier services (travel -); travel courier services; travel agency services for business travel; organization of travel; arrangement of travel; organisation of travel; travel agency services; air travel services; travel guide and travel information services; guide services (travel -); travel guide services; travel agency services for arranging travel; travel agents services for arranging travel; arranging of travel; organising of travel; organizing of travel; travel route planning; travel information services; travel reservation services; travel booking agencies; arranging travel tours; travellers (transport of -); transportation of travellers; travelling trunks rental; travellers (escorting of -); accompaniment of travellers; accompanying of travellers; escorting of travellers; transport of travellers; travel agency services for arranging holiday travel; travel ticket reservation services; ticket reservation services (travel -); arranging of coach travel; tourist travel reservation services; holiday travel reservation services; travel agency services relating to travel by omnibus; organising of foreign travel; arranging of business travel; arranging of air travel; itinerary travel advice services; agents for arranging travel; ticketing services for travel; tours (arranging of travel -); organizing and arranging travel; organisation of travel tours; organization of travel tours; travel and passenger transportation; booking of seats (travel); organisation of holiday travel; reservation services for travel; provision of travel information; arranging of travel tours; arranging for travel visas, passports and travel documents for persons traveling abroad; organizing transport for travelers; arranging transport for travelers; arranging escorts for travellers; transportation of travellers’ baggage; escorting [accompanying] of travellers; computerised reservation services for travel; provision of tourist travel information; ticket reservation services for travel; ticket booking services for travel; booking of tickets for travel; arranging of travel by bus; arranging of travel by coach; cruise ship services [for travel]; issuing of tickets for travel; provision of computerised travel information; reservation services for air travel; reservation services for airline travel; agency services for arranging travel; making travel reservations (services for -); arranging and booking of travel; providing cruise ships for travel; providing transport and travel information; travel consultancy and information services; travel arrangement and reservation services; arranging of transport and travel; travel agency and booking services; booking agency services for travel; information services relating to travel; travel and transport reservation services; reservation of berths for travel; reservation of seats for travel; seat reservation services for travel; travel reservation and booking services; making travel bookings (services for -); booking of seats for travel; arranging the escorting of travellers; transport of travellers by car; transport of travellers by taxi; transport of travellers by tram; transport of travellers by air; chartering of vehicles for travelling; seat reservation services for travellers; transport of travellers by land; transport of travellers by train; transport of travellers by road; arrangement of transportation of travellers; transport of travellers by bus; reservation services for travel by land; timetable enquiry services relating to travel; computerised information services relating to travel; consultancy for travel planning of routes; package holiday services for arranging travel; travel and tour ticket reservation service; booking agency services for airline travel; provision of travel information by computer; organization of travel and boat trips; reservation services for travel by sea; reservation services for travel by air; booking of travel through tourist offices; planning, arranging and booking of travel; providing online information relating to travel; booking of holiday travel and tours; booking of seats for rail travel; booking of seats for coach travel; booking of seats for air travel; provision of information relating to travel; reservation services for booking seats [travel]; services for the booking of travel; providing driving directions for travel purposes; services for the transportation of travellers; services for the escorting of travellers; arranging of overseas travel for cultural purposes; wrapping services for baggage protection during travel; computerised information services relating to travel reservations; providing travel information via global computer networks; providing tourist travel information, via the internet; reservation and booking of seats for travel; provision of information relating to travel routes; supplying tickets to enable holders to travel; providing information about travel, via the internet; arrangement of travel to and from hotels; services for arranging the transportation of travellers; rental of machines which issue tickets for travel; coordinating travel arrangements for individuals and for groups; arranging and booking of travel for package holidays; provision of information on matters relating to travel; services for the booking of seats for travel; agency services for arranging the transportation of travellers; providing information relating to airline travel, via electronic means; planning and booking of airline travel, via electronic means; planning, arranging and booking of travel by electronic means; providing information about booking business travel, via the internet; travel information about disruptions due to adverse weather conditions; information relating to travel (services for the provision of -); agency services for arranging the transportation of travellers’ luggage; information relating to travelling (services for the provision of -); travel agency services, namely, making reservations and bookings for transportation; providing information relating to travel and transport, via electronic means; planning and booking of travel and transport, via electronic means; services for the provision of information relating to travel routes; providing transport and travel information via mobile telecommunications apparatus and devices; arranging travel tours as a bonus program for credit cards customers; priority boarding, check-in, seating and reservation services for frequent air travelers; consultancy in the field of travel provided by telephone call centers and hotlines; providing information relating to the planning and booking of airline travel, via electronic means; consultancy in the field of business travel provided by telephone call centers and hotlines; providing information relating to the planning and booking of travel and transport, via electronic means; collection of luggage; storage of passengers luggage; handling of passengers luggage; arranging the storage of luggage; storage of luggage; luggage storage services; transportation of luggage; unloading cargo and luggage; luggage trolley service; transportation of passengers’ luggage; transportation of passengers and passengers’ luggage.

2. European Union trade mark application No 16 530 123 is rejected for all the above services. It may proceed for the remaining services.

3. Each party bears its own costs.

REASONS

The opponent filed an opposition against all the services of European Union trade mark application No 16 530 123 Shape1 . The opposition is based on Spanish trade mark registration No 2 271 404 ‘CN TRAVEL’. The opponent invoked Article 8(1)(b) EUTMR.

LIKELIHOOD OF CONFUSION — ARTICLE 8(1)(b) EUTMR

A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings. Whether a likelihood of confusion exists depends on the appreciation in a global assessment of several factors, which are interdependent. These factors include the similarity of the signs, the similarity of the goods and services, the distinctiveness of the earlier mark, the distinctive and dominant elements of the conflicting signs, and the relevant public.

The services

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

Class 39: Wholesaler travel agency.

The contested services are the following:

Class 36: Issuing traveler’s checks by travel agencies; travel vouchers (issuing of -); issuing of travel vouchers; arranging of travel insurance; issuing of travelers’ cheques; issuance of travelers’ checks; cheques (issuing of travellers’ -); redemption of travellers’ cheques; issue of travellers cheques; issuing of travellers’ cheques; issuing of travellers’ checks; cheques (redemption of travellers’ -); travellers’ cheques (redemption of -); provision of travellers’ cheques; issuance of travellers’ cheques; financial services relating to travel; credit services relating to travel; insurance services relating to travel; issue of traveller’s cheques; travellers’ checks [cheques] (issuing of -); emergency financial services for travellers; electronic funds transfer for travel agents; agency services for arranging travel insurance; buying and issuing of travellers’ cheques; banking services relating to travellers’ cheques; services for the provision of travellers’ cheques; guaranteeing payment of medical expenses for travellers; issuing of travellers’ cheques and currency vouchers; consultancy and brokerage services relating to travel insurance; guaranteeing payment of medical expenses for foreign travellers; issuing of travellers’ cheques and letters of credit; discount card services provided to young people for travel; issuing stored value cards for use as electronic travel tickets; travel insurance.

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

The term ‘namely’, used in the applicant’s list of services to show the relationship of individual goods and services to a broader category, is exclusive and restricts the scope of protection only to the services specifically listed.

As a preliminary remark, it is to be noted that according to Article 33(7) EUTMR, goods or services are not regarded as being similar to or dissimilar from each other on the ground that they appear in the same or different classes under the Nice Classification.

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

Contested services in Class 36

The contested issuing of travelers’ cheques; issuance of travelers’ checks; cheques (issuing of travellers’ -); redemption of travellers’ cheques; issue of travellers cheques; issuing of travellers’ cheques; issuing of travellers’ checks; cheques (redemption of travellers’ -); travellers’ cheques (redemption of -); issuance of travellers’ cheques; financial services relating to travel; credit services relating to travel; insurance services relating to travel; issue of traveller’s cheques; travellers’ checks [cheques] (issuing of -); emergency financial services for travellers; electronic funds transfer for travel agents; buying and issuing of travellers’ cheques; banking services relating to travellers’ cheques; services for the provision of travellers’ cheques; guaranteeing payment of medical expenses for travellers; issuing of travellers’ cheques and currency vouchers; guaranteeing payment of medical expenses for foreign travellers; issuing of travellers’ cheques and letters of credit include activities related to finance and the movement of money. Therefore, these services have different natures and purposes from the opponent’s wholesaler travel agency services. Furthermore, the contested services are provided by financial companies or institutions, therefore contrary to the opponent’s argument they are provided by different companies than the opponent’s wholesaler travel agency services. The fact that the contested services may be complementary to the opponent’s services is not sufficient to find a similarity between them. Therefore, the contested services and the opponent’s wholesaler travel agency services are dissimilar.

Travel insurance is insurance that is intended to cover medical expenses, trip cancellation, lost luggage, flight accidents and other losses incurred while traveling. It can be arranged when booking a particular trip or it can be arranged to cover an unlimited number of trips within a set time frame. The contested travel insurance services and the opponent’s wholesaler travel agency services have different natures and purposes. Generally, on the market, they are provided by different companies. Even if travel insurance can be arranged when booking a trip, travel insurance services are provided by a different company from travel agency services. The fact that the contested travel insurance might be complementary to the opponent’s wholesaler travel agency services is not sufficient to find a similarity between them. Therefore, they are dissimilar.

Contested services in Class 39

The contested travel courier; travel services; travel arrangements; travel agencies; travel agency; travel information; reservation (travel -); travel reservations; travel consultancy; travel organisation; travel organization; travel arrangement; travel reservation; escorting travellers; travel arrangement services; courier services (travel -); travel courier services; travel agency services for business travel; organization of travel; arrangement of travel; organisation of travel; travel agency services; air travel services; travel guide and travel information services; guide services (travel -); travel guide services; travel agency services for arranging travel; travel agents services for arranging travel; arranging of travel; organising of travel; organizing of travel; travel route planning; travel information services; travel reservation services; travel booking agencies; arranging travel tours; travellers (transport of -); transportation of travellers; travelling trunks rental; travellers (escorting of -); accompaniment of travellers; accompanying of travellers; escorting of travellers; transport of travellers; travel agency services for arranging holiday travel; travel ticket reservation services; ticket reservation services (travel -); arranging of coach travel; tourist travel reservation services; holiday travel reservation services; travel agency services relating to travel by omnibus; organising of foreign travel; arranging of business travel; arranging of air travel; itinerary travel advice services; agents for arranging travel; ticketing services for travel; tours (arranging of travel -); organizing and arranging travel; organisation of travel tours; organization of travel tours; travel and passenger transportation; booking of seats (travel); organisation of holiday travel; reservation services for travel; provision of travel information; arranging of travel tours; arranging for travel visas, passports and travel documents for persons traveling abroad; organizing transport for travelers; arranging transport for travelers; arranging escorts for travellers; transportation of travellers’ baggage; escorting [accompanying] of travellers; computerised reservation services for travel; provision of tourist travel information; ticket reservation services for travel; ticket booking services for travel; booking of tickets for travel; arranging of travel by bus; arranging of travel by coach; cruise ship services [for travel]; issuing of tickets for travel; provision of computerised travel information; reservation services for air travel; reservation services for airline travel; agency services for arranging travel; making travel reservations (services for -); arranging and booking of travel; providing cruise ships for travel; providing transport and travel information; travel consultancy and information services; travel arrangement and reservation services; arranging of transport and travel; travel agency and booking services; booking agency services for travel; information services relating to travel; travel and transport reservation services; reservation of berths for travel; reservation of seats for travel; seat reservation services for travel; travel reservation and booking services; making travel bookings (services for -); booking of seats for travel; arranging the escorting of travellers; transport of travellers by car; transport of travellers by taxi; transport of travellers by tram; transport of travellers by air; chartering of vehicles for travelling; seat reservation services for travellers; transport of travellers by land; transport of travellers by train; transport of travellers by road; arrangement of transportation of travellers; transport of travellers by bus; reservation services for travel by land; timetable enquiry services relating to travel; computerised information services relating to travel; consultancy for travel planning of routes; package holiday services for arranging travel; travel and tour ticket reservation service; booking agency services for airline travel; provision of travel information by computer; organization of travel and boat trips; reservation services for travel by sea; reservation services for travel by air; booking of travel through tourist offices; planning, arranging and booking of travel; providing online information relating to travel; booking of holiday travel and tours; booking of seats for rail travel; booking of seats for coach travel; booking of seats for air travel; provision of information relating to travel; reservation services for booking seats [travel]; services for the booking of travel; providing driving directions for travel purposes; services for the transportation of travellers; services for the escorting of travellers; arranging of overseas travel for cultural purposes; wrapping services for baggage protection during travel; computerised information services relating to travel reservations; providing travel information via global computer networks; providing tourist travel information, via the internet; reservation and booking of seats for travel; provision of information relating to travel routes; supplying tickets to enable holders to travel; providing information about travel, via the internet; arrangement of travel to and from hotels; services for arranging the transportation of travellers; rental of machines which issue tickets for travel; coordinating travel arrangements for individuals and for groups; arranging and booking of travel for package holidays; provision of information on matters relating to travel; services for the booking of seats for travel; agency services for arranging the transportation of travellers; providing information relating to airline travel, via electronic means; planning and booking of airline travel, via electronic means; planning, arranging and booking of travel by electronic means; providing information about booking business travel, via the internet; travel information about disruptions due to adverse weather conditions; information relating to travel (services for the provision of -); agency services for arranging the transportation of travellers’ luggage; information relating to travelling (services for the provision of -); travel agency services, namely, making reservations and bookings for transportation; providing information relating to travel and transport, via electronic means; planning and booking of travel and transport, via electronic means; services for the provision of information relating to travel routes; providing transport and travel information via mobile telecommunications apparatus and devices; arranging travel tours as a bonus program for credit cards customers; priority boarding, check-in, seating and reservation services for frequent air travelers; consultancy in the field of travel provided by telephone call centers and hotlines; providing information relating to the planning and booking of airline travel, via electronic means; consultancy in the field of business travel provided by telephone call centers and hotlines; providing information relating to the planning and booking of travel and transport, via electronic means; collection of luggage; storage of passengers luggage; handling of passengers luggage; arranging the storage of luggage; storage of luggage; luggage storage services; transportation of luggage; unloading cargo and luggage; luggage trolley service; transportation of passengers’ luggage; transportation of passengers and passengers’ luggage are identical or at least similar to the opponent’s wholesaler travel agency services.

Relevant public — degree of attention

The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. It should also be borne in mind that the average consumer’s degree of attention is likely to vary according to the category of goods or services in question.

In the present case, the services found to be identical or similar are directed at the public at large and at business customers with specific professional knowledge or expertise.

The degree of attention is considered average.

The signs

CN TRAVEL

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Earlier trade mark

Contested sign

The relevant territory is Spain.

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

The earlier trade mark is a word mark. The verbal elements ‘CN’ and ‘TRAVEL’ have no meaning for the relevant public and their degree of distinctiveness in relation to the relevant services is average.

The contested sign is a figurative mark containing the verbal elements ‘Cnl’ and ‘travel’ and, below them, Chinese characters. To the left of the verbal elements is a figurative element made up of several flowers in orange, green and different shades of blue arranged in a semi-circular shape.

The verbal elements ‘Cnl’ and ‘travel’ have no meaning for the relevant public and their degree of distinctiveness in relation to the relevant services is average.

In its observations, the applicant argues that ‘CNL Travel is dealing with Chinese market’ and that ‘the target customer of CNL Travel is Chinese speaking customer’. The applicant also argues that the contested sign contains a unique Chinese name depicted in Chinese characters. As regards the consumer towards whom the applicant targets its services, it must be noted that a European Union trade mark provides protection in the market of the entire European Union and it cannot be limited to a specific group or population. Furthermore, since the opposition is based on an earlier Spanish trade mark, the relevant territory is Spain and the relevant consumer is the Spanish-speaking consumer. Although the Chinese characters in the contested sign may depict a unique Chinese name as the applicant claims, the relevant public in Spain will not perceive the meaning of these characters. Since the Chinese characters of the contested sign are not descriptive, allusive or otherwise weak in relation to the relevant services, they have an average degree of distinctiveness.

The figurative element of the contested sign, namely the depiction of flowers, is rather decorative and its degree of distinctiveness is below average.

The contested sign has no element that could be considered clearly more dominant than other elements.

Visually, the signs coincide in the letters ‘CN’ and in the verbal element ‘TRAVEL’. However, they differ in the letter ‘L’, the Chinese characters and the figurative element of the contested sign, which have no counterparts in the earlier mark.

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). In the present case, the contested sign contains a figurative element (as described above) and Chinese characters, which will not be attributed any meaning by the relevant public. Therefore, when encountering the contested sign, consumers will refer to it by its verbal element, ‘Cnl travel’, and it is therefore considered that the verbal element ‘Cnl travel’ in the contested sign has a stronger impact on consumers than the figurative element and the Chinese characters.

The verbal elements of the signs at issue, namely ‘CN TRAVEL’ versus ‘CNL TRAVEL’, have similar structures, namely they both start with the letters ‘CN’ and they both contain the word ‘TRAVEL’, which has an average degree of distinctiveness.

Therefore, the signs are visually similar to an average degree.

Aurally, the pronunciation of the signs coincides in the sound of the letters ‘CN’ and in the sound of the syllables ‘TRA-VEL’. The pronunciation differs in the sound of the letter ‛L’ that follows the coinciding letters ‘CN’ in the contested mark.

The figurative element and the Chinese characters in the contested sign will not be pronounced when referring to the contested sign verbally and therefore they are not subject to a phonetic assessment.

When referring to the signs at issue verbally, consumers will refer to them almost identically. The only difference is in one additional letter in the contested sign, whereas the signs’ first two letters are identical and they both contain the verbal element ‘travel’.

Therefore, the signs are aurally highly similar.

Conceptually, the verbal elements of the signs, namely ‘CN TRAVEL’ and ‘Cnl travel’, have no meaning for the relevant public. The Chinese characters in the contested sign will not be attributed any particular meaning. However, the figurative element of the contested sign will be perceived as flowers, as explained above, whereas the earlier mark has no meaning for the relevant public. Therefore, the signs are not conceptually similar. However, the figurative element of the contested sign is weak, as explained above, and the lack of conceptual similarity due to its presence in the contested sign has a limited impact in the comparison of the signs.

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 mark

The distinctiveness of the earlier mark is one of the factors to be taken into account in the global assessment of likelihood of confusion.

The opponent did not explicitly claim that her mark is particularly distinctive by virtue of intensive use or reputation.

Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. In the present case, the earlier trade mark as a whole has no meaning for any of the services in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal.

Global assessment, other arguments and conclusion

According to settled case-law, the risk that the public might believe that the goods or services in question come from the same undertaking or, as the case may be, from economically linked undertakings, constitutes a likelihood of confusion (29/09/1998, C‑39/97, Canon, EU:C:1998:442, § 29). The likelihood of confusion on the part of the public must be appreciated globally, taking into account all factors relevant to the circumstances of the case (29/09/1998, C‑39/97, Canon, EU:C:1998:442, § 16). In addition, evaluating likelihood of confusion implies some interdependence between the relevant factors and, in particular, a similarity between the marks and between the goods or services. Therefore, a lesser degree of similarity between goods and services may be offset by a greater degree of similarity between the marks and vice versa (29/09/1998, C‑39/97, Canon, EU:C:1998:442, § 17).

In the present case, the contested services in Class 36 are dissimilar to the opponent’s services. 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 services cannot be successful. The contested services in Class 39 are identical or similar to the opponent’s services. They target both the general public and business customers with specific professional knowledge or expertise. The degree of attention of the relevant public is average.

The signs are visually similar to an average degree, aurally highly similar and conceptually not similar. However, the lack of conceptual similarity is due to the weak figurative element in the contested sign, namely the flowers, and its impact on the overall assessment of the similarity between the signs is lower than average visual and high aural similarity between the signs.

As explained above in section c) of this decision, the verbal element ‘Cnl travel’ in the contested sign has a greater impact on the consumers than the figurative element or the Chinese characters, to which the relevant public will not attribute any particular meaning. Therefore, when referring to the contested sign verbally and perceiving it visually, the element that plays the most important role in the contested sign is ‘Cnl travel’ and this element is almost entirely reproduced in the earlier mark. The verbal elements of the signs have the same structure, their first two letters are identical and they both contain the verbal element ‘travel’ as an independent and distinctive element.

Although consumers generally perceive marks as a whole and therefore the figurative element and Chinese characters of the contested sign will contribute to the overall impression created by that sign, the presence of these differing elements in the contested sign does not outweigh the similarity between the signs resulting from their almost identical verbal elements, which differ in only one letter. Account is taken of the fact that average consumers rarely have the chance to make a direct comparison between different marks, but must trust in their imperfect recollection of them (22/06/1999, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 26). As explained above, the verbal elements ‘CN TRAVEL’ and ‘Cnl travel’ are meaningless and distinctive for the relevant public. Taking into account that these verbal elements differ in only one letter and applying the aforementioned principle of imperfect recollection, it is not possible to exclude the possibility that the difference between these verbal elements might go unnoticed by the consumers.

Likelihood of confusion covers situations where the consumer directly confuses the trade marks themselves, or where the consumer makes a connection between the conflicting signs and assumes that the goods/services covered are from the same or economically linked undertakings. Bearing in mind that the services are identical or similar and that the marks at issue are the word mark ‘CN TRAVEL’ and the figurative mark ‘CNL travel’ depicted with a figurative element and Chinese characters, it is not possible to safely exclude the possibility that consumers could make a connection between these signs and assume that the services under the marks are provided by the same undertaking or economically linked undertakings.

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the Spanish-speaking part of the public and therefore the opposition is partly well founded on the basis of the opponent’s Spanish trade mark registration No 2 271 404.

It follows from the above that the contested trade mark must be rejected for the services found to be identical or similar to those of the earlier trade mark.

The rest of the contested services are dissimilar. As similarity of goods and services is a necessary condition for the application of Article 8(1) EUTMR, the opposition based on this Article and directed at these services cannot be successful.

COSTS

According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 109(3) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division will decide a different apportionment of costs.

Since the opposition is successful for only some of the contested services, both parties have succeeded on some heads and failed on others. Consequently, each party has to bear its own costs.

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The Opposition Division

Michaela SIMANDLOVA

Birute SATAITE-GONZALEZ

Ferenc GAZDA

According to Article 67 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.

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