OPPOSITION No B 3 050 641

O2 Worldwide Limited, 20 Air Street, W1B 5AN London, United Kingdom (opponent), represented by Lorenz Seidler Gossel Rechtsanwälte Patentanwälte Partnerschaft mbB, Widenmayerstr. 23, 80538 München, Germany (professional representative)

a g a i n s t

Jonas Coenen, Kasteellaan 30, Hasselt, Belgium; Pieter Hayen, Lenaertsstraat 52, Sint Truiden, Belgium; Bram Pieters, Leemkuilstraat 123, 3570 Alken, Belgium; Dimitri Vandormael, Gillebroek 1 bus 7, Borgloon, Belgium (applicants), represented by Julie Grouwels, Tongersesteenweg 60, 3800 Sint-Truiden, Belgium (professional representative).

On 12/07/2019, the Opposition Division takes the following

DECISION:

1. Opposition No B 3 050 641 is rejected in its entirety.

2. The opponent bears the costs, fixed at EUR 300.

REASONS

The opponent filed an opposition against all the goods and services of European Union trade mark application No 17 545 021 for the figurative mark . The opposition is based on, inter alia, European Union trade mark registration No 16 057 002 for the word mark ‘BLUE’. 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 opposition is based on more than one earlier trade mark. The Opposition Division finds it appropriate to first examine the opposition in relation to the opponent’s European Union trade mark registration No 16 057 002.

1. The goods and services

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

Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus; telecommunications apparatus; mobile telecommunication apparatus; mobile telecommunications handsets; digital telecommunication apparatus and instruments; digital tablets; computer hardware; computer application software; computer software downloadable from the Internet; recorded computer software; software applications; mobile software applications, downloadable applications for multimedia devices; computer games; computer game software; computer games programs; PDAs (Personal Digital Assistants); pocket PCs; mobile telephones; laptop computers; telecommunications network apparatus; drivers software for telecommunications networks and for telecommunications apparatus; protective clothing; protective helmets; televisions; headphones; global positioning system [GPS] apparatus; satellite navigation devices; computer software recorded onto CD Rom; SD-Cards (secure digital cards); glasses; spectacle glasses; sunglasses; protective glasses and cases therefor; contact lenses; cameras; camera lenses; MP3 players; audio tapes, audio cassettes; audio discs; audio-video tapes; audio-video cassettes; audio-video discs; video tapes; vídeo cassettes; video discs; CDs, DVDs; downloadable electronic publications; downloadable image files; downloadable music files; mouse mats; magnets; mobile telephone covers; mobile telephone cases; hands free kits for phones; magnetic cards; encoded cards; mobile phone application software; software for telecommunication; software for the processing of financial transactions; electronic notice boards; electric batteries; battery chargers; security alarms; security cameras; security warning apparatus; security control apparatus; security surveillance apparatus; computer software for security purposes; computer software for insurance purposes; SIM cards; aerials; alarms; electric cables; chemistry apparatus and instruments; recorded computer operating programs; computer peripheral devices; data processing apparatus; diagnostic apparatus, not for medical purposes; distance measuring apparatus; distance recording apparatus; downloadable ring tones for mobile phones; electronic tags for goods; eyepieces; goggles for sports; magnetic identity cards; intercommunication apparatus; loudspeakers; magnetic data media; mathematical instruments; modems; electric monitoring apparatus; television apparatus; testing apparatus not for medical purposes; telecommunication transmitters; parts and fittings for all the aforesaid goods; none of the aforesaid goods being microphones or microphone cables.

Class 35: Advertising; business management; business administration; office functions; organisation, operation and supervision of loyalty and incentive schemes; retail services and online retail services connected with the sale of scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images; retail services and online retail services connected with the sale of magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment, computers, computer software, fire-extinguishing apparatus, apparatus for the transmission of sound and image, telecommunications apparatus, mobile telecommunication apparatus, mobile telecommunications handsets; retail services and online retail services connected with the sale of digital telecommunication apparatus and instruments, digital tablets, computer hardware, computer application software, computer software downloadable from the Internet, recorded computer software, software applications, mobile software applications, downloadable applications for multimedia devices, computer games, computer game software, computer games programs, PDAs (Personal Digital Assistants); retail services and online retail services connected with the sale of pocket PCs, mobile telephones, laptop computers, telecommunications network apparatus, drivers software for telecommunications networks and for telecommunications apparatus, protective clothing, protective helmets, televisions, headphones, global positioning system [GPS] apparatus, satellite navigation devices, computer software recorded onto CD Rom, SD-Cards (secure digital cards), glasses, spectacle glasses, sunglasses; retail services and online retail services connected with the sale of protective glasses and cases therefor, contact lenses, cameras, camera lenses, MP3 players, audio tapes, audio cassettes, audio discs, audio-video tapes, audio-video cassettes, audio-video discs, video tapes, video cassettes, video discs, CDs, DVDs, downloadable electronic publications, downloadable image files, downloadable music files, mouse mats, magnets, mobile telephone covers, mobile telephone cases; retail services and online retail services connected with the sale of hands free kits for phones, magnetic cards, encoded cards, mobile phone application software, software for telecommunication, software for the processing of financial transactions, electronic notice boards, electric batteries, battery chargers, security alarms, security cameras, security warning apparatus, security control apparatus, security surveillance apparatus, computer software for security purposes; retail services and online retail services connected with the sale of computer software for insurance purposes, SIM cards, aerials, alarms, electric cables, chemistry apparatus and instruments, recorded computer operating programs, computer peripheral devices, data processing apparatus, diagnostic apparatus, not for medical purposes, distance measuring apparatus, distance recording apparatus, downloadable ring tones for mobile phones, electronic tags for goods; retail services and online retail services connected with the sale of electronic tags for goods, eyepieces, goggles for sports, magnetic identity cards, intercommunication apparatus, loudspeakers, magnetic data media, mathematical instruments, modems, electric monitoring apparatus, television apparatus, testing apparatus not for medical purposes, telecommunication transmitters, paper, cardboard, printed matter, photographs, stationery; retail services and online retail services connected with the sale of office requisites, instructional and teaching material, packaging material, educational equipment, writing implements, writing instruments, writing materials, books, catalogues, cards, instruction manuals, magazines, mail order catalogues, newspapers, pamphlets, periodical publications, calendars, diaries, labels, maps, printed publications, postcards, posters, printed tariffs, printed forms; retail services and online retail services connected with the sale of gift boxes, gift bags, clothing, footwear, headgear, household or kitchen utensils and containers, jewellery, precious stones, horological and chronometric instruments, musical instruments, apparatus for lighting, textiles, household textile articles, leather and imitations of leather, handbags, rucksacks, purses, bags and sports bags, travel bags, backpacks, duffel bags; retail services and online retail services connected with the sale of boot bags, holdalls, wallets, purses, credit card holders, games and playthings, gymnastic and sporting articles, meat, fish, poultry, game, coffee, tea, cocoa, sugar, rice, beers, mineral waters, aerated waters and other non-alcoholic drinks, alcoholic beverages, matches; retail services and online retail services relating to white goods; arranging subscriptions to telecommunications for others; compilation and systemisation of information into computer databases; compilation of statistics; cost price analysis; arranging of competitions for advertising purposes; recruitment services; employment recruitment; employment consultancy; employment agencies; providing employment information; commercial administration of the licensing of the goods and services of others; commercial information and advice for consumers [consumer advice shop]; opinion polling; personnel recruitment; price comparison services; procurement services for others [purchasing goods and services for other businesses]; rental of advertising space; rental of advertising time on communication media; sales promotion for others; sponsorship search; information and advisory services relating to the aforesaid services; information and advisory services relating to the aforesaid services provided on-line from a computer database or the Internet; information and advisory services relating to the aforesaid services provided over a telecommunications network.

Class 38: Telecommunications; cable television broadcasting; cellular telephone communication; communications by computer terminals; communications by fiber [fibre] optic networks; communications by telephone; computer aided transmission of messages and images; electronic bulletin board services [telecommunications services]; electronic mail; facsimile transmission; information about telecommunication; message sending; paging services [radio, telephone or other means of electronic communication]; providing access to databases; providing internet chatrooms; providing telecommunication channels for teleshopping services; providing telecommunications connections to a global computer network; providing user access to global computer networks; radio broadcasting; rental of access time to global computer networks; rental of message sending apparatus; rental of modems; rental of telecommunication equipment; rental of telephones; satellite transmission; telecommunications routing and junction services; teleconferencing services; telegraph services; telephone services; television broadcasting; telex services; transmission of digital files; transmission of greeting cards online; transmission of telegrams; voice mail services; wire service; wireless broadcasting; telecommunications services; mobile telecommunications services; telecommunications portal services; Internet portal services; mobile telecommunications network services; fixed line telecommunication services; provision of broadband telecommunications access; broadband services; wireless communication services; digital communication services; broadcasting services; television broadcasting services; broadcasting services relating to Internet protocol TV; provision of access to Internet protocol TV; Internet access services; email and text messaging services; telecommunications information provided via telecommunication networks; services of a network provider, namely rental and handling of access time to data networks and databases, in particular the Internet; communications services for accessing a database; leasing of access time to a computer database; providing access to computer databases; rental of access time to a computer database; operation of a network, being telecommunication services; providing electronic bulletin board services; providing access to weblogs; providing access to podcasts; chatroom services for social networking; providing online forums; forums for social networking; providing electronic telecommunication connections; routing and connecting services for telecommunications; rental of telecommunications equipment; information and advisory services relating to the aforesaid; information and advisory services relating to the aforesaid services provided on-line from a computer database or the Internet; information and advisory services relating to the aforesaid services provided over a telecommunications network.

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; calibration [measuring]; cloud seeding; computer programming; computer rental; computer software consultancy; computer software design; updating of computer software; computer system analysis; computer system design; construction drafting; consultancy in the design and development of computer hardware; consultancy in the field of energy-saving; conversion of data or documents from physical to electronic media; creating and maintaining web sites for others; data conversion of computer programs and data [not physical conversion]; digitization of documents [scanning]; duplication of computer programs; engineering; hosting computer sites [web sites]; industrial design; installation of computer software; scientific laboratory services; land surveying; maintenance of computer software; material testing; mechanical research; monitoring of computer systems by remote access; packaging design; technical project studies; providing search engines for the internet; provision of scientific information, advice and consultancy in relation to carbon offsetting; quality control; recovery of computer data; rental of computer software; rental of web servers; research and development for others; surveying; technical research; it services; computer programming services; programming of data processing equipment; recovery of computer data; consultancy in the field of computer hardware; rental of computer hardware; application service provider (ASP); consultancy in the field of computer software; creating and maintaining blogs for others; expert advice and expert opinion relating to technology; rental of data processing apparatus and computers; technical services relating to projection and planning of equipment for telecommunications; product research services; weather forecasting; research in the field of telecommunication technology; monitoring of network systems in the field of telecommunications; technical support services relating to telecommunications and apparatus; data security services; data security services [firewalls]; research relating to security; computer security system monitoring services; maintenance of computer software relating to computer security and prevention of computer risks; updating of computer software relating to computer security and prevention of computer risks; computer virus protection services; information and advisory services relating to the aforesaid; information and advisory services relating to the aforesaid services provided on-line from a computer database or the Internet; information and advisory services relating to the aforesaid services provided over a telecommunications network.

The contested goods and services are the following:

Class 9: Application software for cloud computing services; application software for wireless devices; application software for mobile phones; application software for social networking services via internet; network access server operating software.

Class 35: Analysis of business statistics; consumer response analysis; analysis of market research statistics; information and data compiling and analyzing relating to business management.

Class 38: Consultancy services relating to data communications; computer communication and internet access; telecommunications services between computer networks; providing user access to computer programmes in data networks.

Class 42: Application system testing consultancy; managing the web sites of others; editing of computer programs; computer programming and software design; creation of computer programmes for data processing; advice and consultancy in relation to computer networking applications; leasing of computer software for reading a data stream; application service provider services; providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network; providing temporary use of non-downloadable software for analyzing financial data and generating reports; providing temporary use of on-line non-downloadable operating software for computer networks and servers; providing temporary use of on-line non-downloadable software for the management of data; providing temporary use of on-line non-downloadable software for database management; rental of software for data processing; application service provider [asp], namely, hosting computer software applications of others; cloud computing; consulting in the field of cloud computing networks and applications; hosting of digital content on the internet; hosting of e-commerce platforms on the internet; hosting platforms on the internet; platform as a service [PaaS]; rental of operating software for accessing and using a cloud computing network; development of computer software for logistics, supply chain management and e-business portals; computer services for the analysis of data; computer programming services for commercial analysis and reporting; data migration services; document data transfer from one computer format to another.

Some of the contested goods and services are identical or similar to goods and services on which the opposition is based. For reasons of procedural economy, the Opposition Division will not undertake a full comparison of the goods and services listed above. The examination of the opposition will proceed as if all the contested goods and services were identical to those of the earlier mark which, for the opponent, is the best light in which the opposition can be examined. For example, the contested application software for cloud computing services; application software for wireless devices; application software for mobile phones in Class 9 are included in the broad categories of the opponent’s computer software and mobile phone application software and are hence identical.

2. 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 assumed to be identical are directed at the public at large and at specialised customers with specific professional knowledge or expertise.

The public’s degree of attentiveness may vary from average to high, depending on the price, specialised nature, or terms and conditions of the goods and services purchased (e.g. for some services in Classes 35 and 42 such as analysis of business statistics and application system testing consultancy, the level of attention might be higher than average).

3. The signs

BLUE
Earlier trade mark	Contested sign

The relevant territory is the European Union.

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

The word ‘BLUE’ of the earlier mark is the English term for the colour blue and is part of the basic English vocabulary known to the relevant public in the European Union (12/11/2008, T‑281/07, Ecoblue, EU:T:2008:489, § 30). When considered individually in relation to the opponent’s goods and services such as computer software in Class 9 and telecommunications in Class 38, since the colour blue has no direct relation to the goods and services in question, it is distinctive.

The contested sign is a figurative mark, composed of a figurative triangular device followed by the verbal component ‘deltablue’, depicted in a dark and lighter blue colour.

The string of letters ‘delta’ in the contested sign will be perceived by the relevant public as, inter alia, ‘the fourth letter of the Greek alphabet (Δ, δ), transliterated as “d”’ or ‘a triangular tract of sediment deposited at the mouth of a river, typically where it diverges into several outlets’ (information extracted from Oxford Living Dictionaries on 26/06/2019 at www.oxforddictionaries.com). The opponent argues that the relevant public will consider the element ‘delta’ as descriptive of a deviation of a quantity or in any event will be of lower distinctiveness. However, the Opposition Division considers that the term ‘delta’ is likely to be perceived by the relevant public of the various goods and services, whether at large or professional, as detailed above, while the figurative triangular device in the contested sign is likely to be perceived as the stylised depiction of the Greek letter delta, or as the triangular area at the mouth of some rivers, and hence it reinforces the concept of the verbal component ‘delta’ of the contested sign. In any event, it is considered of normal distinctiveness.

Furthermore, it must be noted that consumers normally perceive a mark as a whole and do not proceed to analyse its various elements. Therefore, account should be taken of the fact that in the contested sign the words ‘delta’ and ‘blue’ will be perceived as a logical and conceptual unit, in which the adjective ‘blue’ qualifies the noun preceding it, namely ‘delta’. As a result, the element ‘blue’ in the contested sign will be perceived as a secondary element, with lower impact on consumers and consequently, with less trade mark significance.

The opponent argues that the dominant element of the earlier trade mark and the contested sign is ‘BLUE’. However, the earlier trade mark is a word mark and consists of only one component and the contested sign has no element that could be considered clearly more dominant than other elements.

Account must also be taken of the fact that consumers generally tend to focus on the beginning of a sign when they encounter a trade mark. This is because the public reads from left to right, which makes the part placed at the left of the sign (the initial part) the one that first catches the attention of the reader. In the present case, in the contested sign, it is the beginning term ‘delta’, of normal distinctiveness and depicted in dark blue (as opposed to ‘blue’ depicted in light blue) that undoubtedly will first catch the consumers’ attention.

Visually, the signs coincide in the letters ‘BLUE’, which form the only element of the earlier mark. This string of letters forms the ending of the contested sign and it is considered a weaker element in the contested sign, as explained above. However, the signs differ in the remaining part of the contested sign, namely the initial letters ‘delta’ and the figurative device (depiction of the delta), both with an average distinctive character. Furthermore, there are additional graphic differences between the two signs. Indeed, when comparing the marks, the contested sign has a busier get up which is sufficiently distant from the earlier mark. Therefore, the signs are visually similar to a low degree.

Aurally, irrespective of the different pronunciation rules in different parts of the relevant territory, the pronunciation of the signs coincides in the sound of the letters ‘BLUE’, which is the sole element of the earlier trade mark that is placed in a second position in the contested sign with less weight. The pronunciation differs in the sound of the more distinctive element of the contested sign, that is, the element ‘delta’. Consequently, the signs are aurally similar to a low degree.

Conceptually, reference is made to the previous assertions concerning the semantic content conveyed by the marks. The signs are at most similar to a low degree because they overlap in an element that could be perceived in an abstract way in the earlier trade mark and it has less impact in the contested sign, while the differing elements of the contested sign convey a different and distinctive concept, namely of a ‘delta’ (the word ‘delta’ and the depiction of a delta). Therefore, the overlap has a limited impact on the conceptual comparison of the signs.

As the signs have been found similar in at least two aspects of the comparison, the examination of likelihood of confusion will proceed.

4. Distinctiveness of the earlier mark

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

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

5. Global assessment, other arguments and conclusion

The contested goods and services are assumed to be identical to the opponent’s ones. In relation to them the attention of the public at large and professionals may vary from average to high. The earlier mark enjoys an average degree of distinctiveness.

Contrary to the opponent’s assertions, the signs are held visually and aurally similar to a low degree, principally due to the presence of the coinciding string of letters and sounds ‘B-L-U-E’, which forms the earlier mark and is placed at the end of the contested sign. The element ‘blue’, as analysed above, is secondary and qualifies the previous term, ‘delta’, of normal distinctiveness. In the present case, what matters also is that the signs differ in the beginning of the contested sign, where the attention of the public is in general more focused on. These additional, different letters that also convey a different concept are clearly perceptible and are sufficient to differentiate the marks and create a different overall impression. Furthermore, conceptually, the signs are at most similar to a low degree.

It should be noted that ‘(…) assessment of the similarity between two marks means more than taking just one component of a composite trade mark and comparing it with another mark. On the contrary, the comparison must be made by examining each of the marks in question as a whole, which does not mean that the overall impression conveyed to the relevant public by a composite trade mark may not, in certain circumstances, be dominated by one or more of its components’ (C-334/05 P, ‘Limoncello’, paragraph 41).

Even if the word ‘BLUE’ in the earlier trade mark possesses a normal degree of distinctiveness in relation to the relevant goods/services, the Opposition Division is of the opinion that the public will see the meaning of the contested sign in its entirety as alluding to a blue delta and the word ‘BLUE’ of the earlier mark as a simple colour reference. Consequently, the similarity resulting from the fact that the marks share the word ‘BLUE’ does not carry a lot of weight. The additional differences consist in the figurative device at the beginning of the contested sign, before the string of letters ‘DELTA’, in the graphical representation of the letters in the contested sign and in the different concept of ‘delta’. Account is also taken of the fact that the coinciding word ‘BLUE’ is not very long and the additional word ‘DELTA’ is composed of more letters. Consequently, the Opposition Division considers that all these elements together create a different overall impression of the signs.

Consequently, taking into account the abovementioned and contrary to the opponent’s observations, the relevant consumers will not think that the contested sign constitutes a sub-brand of the earlier mark ‘BLUE’. As detailed above, in the contested sign the word ‘blue’ constitutes an attribute of the distinctive noun ‘delta’, with more impact; for this reason, this argument of the opponent must be put aside.

In its observations, the opponent refers to previous decisions of the Office to support its arguments. 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 opponent are not relevant to the present proceedings, because the signs under comparison were clearly different from those in the present proceedings, creating a different overall impression.

Considering all the above, even assuming that the goods and services are identical, there is no likelihood of confusion on the part of the public. Therefore, the opposition must be rejected.

The opponent has also based its opposition on the following earlier trade marks:

• German trade mark registration No 30 2013 000 869 for the word mark ‘Blue All-in’.

• German trade mark registration No 30 2015 107 780 for the word mark ‘BLUE 1’.

• German trade mark registration No 30 2015 107 779 for the word mark ‘BLUE ONE’.

• United Kingdom trade mark registration No 3 003 477 for the word mark ‘THE BLUE’.

The other earlier rights invoked by the opponent are less similar to the contested mark. This is because they contain additional words such as ‘All-in’, the article ‘THE’ or additional numbers such as ‘1’, which are not present in the contested sign. Moreover, they cover the same or a narrower scope of the goods and services and they are protected in a specific geographical area. Therefore, the outcome cannot be different with respect to goods and services for which the opposition has already been rejected; no likelihood of confusion exists with respect to those goods and services.

COSTS

According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.

Since the opponent is the losing party, it must bear the costs incurred by the applicants in the course of these proceedings.

According to Article 109(7) EUTMR and Article 18(1)(c)(i) EUTMIR (former Rule 94(3) and Rule 94(7)(d)(ii) EUTMIR, in force before 01/10/2017), the costs to be paid to the applicants are the costs of representation, which are to be fixed on the basis of the maximum rate set therein.

The Opposition Division

Edith Elisabeth VAN DEN EEDE

Carlos MATEO PEREZ

María Clara IBÁÑEZ FIORILLO

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.