Love-T | Decision 2301433 - DeguDent GmbH v. Luca Luciani
Date Published: Sep 28, 2017
OPPOSITION No B 2 301 433
DeguDent GmbH, Rodenbacher Chaussee 4, 63457 Hanau-Wolfgang, Germany (opponent), represented by Hans-Herbert Stoffregen, Friedrich-Ebert-Anlage 11b, 63450 Hanau/Main, Germany (professional representative)
a g a i n s t
Luca Luciani, via Molinazzo n. 3, 44028 Poggio Renatico, Italy (applicant), represented by Vincenzo Grasso, Via Fratelli Cervi - Palazzo Canova 1, 20090 Segrate, Italy (professional representative).
On 31/05/2017, the Opposition Division takes the following
DECISION:
1. The decision taken by the Opposition Division on 17/10//2016 on opposition No 2 301 433 is hereby revoked and replaced by the present decision.
2. Opposition No B 2 301 433 is partially upheld, namely for the following contested goods:
Class 10: Surgical, medical, dental and veterinary apparatus and instruments, artificial teeth; Suture materials; Suture needles; Needles for medical purposes; Dental apparatus, electric; Aerosol dispensers for medical purposes; Surgical apparatus and instruments; Dental apparatus and instruments; Medical apparatus and instruments; Veterinary apparatus and instruments; Apparatus and installations for the production of X-rays, for medical purposes; Apparatus for use in medical analysis; Anaesthetic apparatus; Orthodontic appliances; Diagnostic apparatus for medical purposes; Sphygmomanometers; Appliances for washing body cavities; Radiological apparatus for medical purposes; X-ray apparatus for medical purposes; Resuscitation apparatus; Basins for medical purposes; Ice bags for medical purposes; Instrument cases for use by doctors; Bougies [surgery]; Cutlery [surgical]; Knives for surgical purposes; Thermo-electric compresses [surgery]; Compressors [surgical]; Droppers for medical purposes; Thermal packs for first aid purposes; Defibrillators; Artificial teeth; Dentures; Protection devices against X-rays, for medical purposes; Finger guards for medical purposes; Electrodes for medical use; Temperature indicator labels for medical purposes; Bandages, elastic; Thread, surgical; Filters for ultraviolet rays, for medical purposes; Dropper bottles for medical purposes; Scissors for surgery; Dental burs; Gloves for medical purposes; Injectors for medical purposes; Insufflators; Ultraviolet ray lamps for medical purposes; Quartz lamps for medical purposes; Lamps for medical purposes; Lancets; Lasers for medical purposes; Surgical drapes; Sterile sheets, surgical; Artificial jaws; Anaesthetic masks; Masks for use by medical personnel; Suture materials; Furniture especially made for medical purposes; Pins for artificial teeth; Dentists' armchairs; Armchairs for medical or dental purposes; Pumps for medical purposes; Surgical implants [artificial materials]; Pulse meters; Clips, surgical; X-ray photographs for medical purposes; Tongue scrapers; Receptacles for applying medicines; Containers especially made for medical waste; Respirators for artificial respiration; Scalpels; Radiology screens for medical purposes; Brushes for cleaning body cavities; Commode chairs; Saws for surgical purposes; Hypodermic syringes; Syringes for injections; Syringes for medical purposes; Probes for medical purposes; Mirrors for surgeons; Mirrors for dentists; Surgical sponges; Spittoons for medical purposes; Splints, surgical; Stethoscopes; Boots for medical purposes; Thermometers for medical purposes; Trocars; X-ray tubes for medical purposes; Drainage tubes for medical purposes; Cases fitted for medical instruments; Sprayers for medical purposes; Clothing especially for operating rooms.
3. European Union trade mark application No 12 206 561 is rejected for all the above goods. It may proceed for the remaining goods.
4. Each party bears its own costs.
REASONS:
The opponent filed an opposition against some of the goods of European Union trade mark application No 12 206 561, namely against all the goods in Class 10. The opposition is based on European Union trade mark registration No 7 590 862. The opponent invoked Article 8(1)(b) EUTMR.
REVOCATION OF DECISION OF 17/10/2016 ON OPPOSITION NO B 2 301 433
According to Article 80 EUTMR:
‘1. Where the Office has made an entry in the Register or taken a decision which contains an obvious procedural error attributable to the Office, it shall ensure that the entry is cancelled or the decision is revoked. Where there is only one party to the proceedings and the entry or the act affects its rights, cancellation or revocation shall be determined even if the error was not evident to the party.
2. Cancellation or revocation as referred to in paragraph 1 shall be determined, ex officio or at the request of one of the parties to the proceedings, by the department which made the entry or took the decision. Cancellation or revocation shall be determined within six months from the date on which the entry was made in the Register or the decision was taken, after consultation with the parties to the proceedings and any proprietor of rights to the EU trade mark in question that are entered in the Register.
3. This Article shall be without prejudice to the right of the parties to submit an appeal under Articles 58 and 65, or to the possibility, under the procedures and conditions laid down by the Implementing Regulation, of correcting any linguistic errors or errors of transcription and obvious errors in the Office's decisions or errors attributable to the Office in registering the trade mark or in publishing its registration.’
In the case at hand, the proceedings that led to the decision of 17/10/2016 contained an obvious procedural error attributable to the Office, namely that in the dictum of the decision, in which it was stated for which goods the opposition is partially upheld, the following goods were omitted: probes for medical purposes and mirrors for surgeons in Class 10, even though probes for medical purposes were found identical and mirrors for surgeons were found similar to the goods of the earlier mark. The opposition should have been upheld also for these goods and European Union trade mark application No 12 206 561 shall be rejected also for probes for medical purposes and mirrors for surgeons in Class 10 and be allowed to proceed for the remaining goods.
On 02/02/2017 the Office informed the applicant and the opponent of its intention to revoke the decision dated 17/10/2016 and gave them the time limit until 07/03/2017 to submit observations.
Neither of the parties has submitted observations within the set time limit.
Consequently, the decision taken by the Opposition Division on 17/10/2016 is hereby revoked and is replaced by the present decision.
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 on which the opposition is based are the following:
Class 5: Material for stopping teeth, dental wax; materials for dentures, in particular metal alloys, precious metal alloys and metal preparations for dental purposes; ceramic materials for use in dental prosthetics, plastics for dental prostheses, dental bridges and dental crowns, dental cement; plastic material for the manufacture, relining and repair of dentures; low-melting ceramic compounds (inlays, onlays, veneers), metal ceramic compounds and auxiliary agents therefor, namely modelling fluids, separating lacquer, paints for metal ceramic compounds and their auxiliary agents, namely painting fluids and thinners, all for dental purposes.
Class 9: Scientific, surveying, electric, electronic, optical, measuring and checking (supervision) apparatus and instruments for dental purposes, calculating machines and data processing equipment for dental purposes, computer-aided design and manufacturing (CAD-CAM) for dental purposes.
Class 10: Dental instruments and apparatus, dental implants, artificial teeth, dental bridges, dental crowns, dentures; colour rings, colour scales for determining and comparing tooth colour.
Class 42: Providing of training and further training in the field of dental technology and dentistry.
The contested goods are the following:
Class 10: Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; Orthopedic articles; Suture materials; Acupuncture needles; Suture needles; Needles for medical purposes; Radium tubes for medical purposes; Teething rings; Hearing aids for the deaf; Dental apparatus, electric; Aerosol dispensers for medical purposes; Surgical apparatus and instruments; Dental apparatus and instruments; Medical apparatus and instruments; Urological apparatus and instruments; Veterinary apparatus and instruments; Apparatus and installations for the production of X-rays, for medical purposes; Physical exercise apparatus, for medical purposes; Obstetric apparatus; Obstetric apparatus for cattle; Dialyzers; Fumigation apparatus for medical purposes; Massage apparatus; Apparatus for the treatment of deafness; Nursing appliances; Blood testing apparatus; Apparatus for use in medical analysis; Anaesthetic apparatus; Orthodontic appliances; Diagnostic apparatus for medical purposes; Physiotherapy apparatus; Sphygmomanometers; Hearing protectors; Radiotherapy apparatus; Apparatus for artificial respiration; Appliances for washing body cavities; Esthetic massage apparatus; Microdermabrasion apparatus; Radiological apparatus for medical purposes; X-ray apparatus for medical purposes; Body rehabilitation apparatus for medical purposes; Resuscitation apparatus; Hot air therapeutic apparatus; Galvanic therapeutic appliances; Bed vibrators; Traction apparatus for medical purposes; Artificial limbs; Orthopedic articles; Basins for medical purposes; Love dolls [sex dolls]; Stretchers, wheeled; Ambulance stretchers; Plaster bandages for orthopedic purposes; Ice bags for medical purposes; Water bags for medical purposes; Instrument cases for use by doctors; Elastic stockings for surgical purposes; Stockings for varices; Strait jackets; Bougies [surgery]; Cannulae; Catheters; Catgut; Feeding bottle valves; Trusses; Abdominal belts; Belts, electric, for medical purposes; Hypogastric belts; Umbilical belts; Orthopedic belts; Maternity belts; Belts for medical purposes; Cutlery [surgical]; Knives for surgical purposes; Abdominal pads; Thermo-electric compresses [surgery]; Compressors [surgical]; Droppers for medical purposes; Contraceptives, non-chemical; Ear trumpets; Abdominal corsets; Spoons for administering medicine; Pads [pouches] for preventing pressure sores on patient bodies; Thermal packs for first aid purposes; Air cushions for medical purposes; Cushions for medical purposes; Heating pads, electric, for medical purposes; Defibrillators; Artificial teeth; Dentures; Protection devices against X-rays, for medical purposes; Invalids' hoists; Finger guards for medical purposes; Electrocardiographs; Electrodes for medical use; Hematimeters; Temperature indicator labels for medical purposes; Galvanic belts for medical purposes; Bandages, elastic; Supportive bandages; Medical guidewires; Thread, surgical; Filters for ultraviolet rays, for medical purposes; Dropper bottles for medical purposes; Scissors for surgery; Forceps; Dental burs; Gastroscopes; Knee bandages, orthopedic; Corsets for medical purposes; Air pillows for medical purposes; Soporific pillows for insomnia; Gloves for massage; Gloves for medical purposes; Inhalers; Incubators for babies; Incubators for medical purposes; Injectors for medical purposes; Insufflators; Enema apparatus for medical purposes; Ultraviolet ray lamps for medical purposes; Quartz lamps for medical purposes; Lamps for medical purposes; Lancets; Lasers for medical purposes; Surgical drapes; Incontinence sheets; Sterile sheets, surgical; Water beds for medical purposes; Beds, specially made for medical purposes; Artificial jaws; Anaesthetic masks; Masks for use by medical personnel; Air mattresses, for medical purposes; Childbirth mattresses; Suture materials; Furniture especially made for medical purposes; Artificial eyes; Ophthalmometers; Ophthalmoscopes; Urinals [vessels]; Bed pans; Artificial skin for surgical purposes; Pins for artificial teeth; Pessaries; Arch supports for footwear; Dentists' armchairs; Armchairs for medical or dental purposes; Pumps for medical purposes; Babies' bottles; Condoms; Hair prostheses; Surgical implants [artificial materials]; Intraocular prostheses [lenses] for surgical implantation; Ear picks; Pulse meters; Tips for crutches for invalids; Clips, surgical; X-ray photographs for medical purposes; Tongue scrapers; Receptacles for applying medicines; Containers especially made for medical waste; Respirators for artificial respiration; Douche bags; Scalpels; Orthopedic footwear; Radiology screens for medical purposes; Slings [supporting bandages]; Brushes for cleaning body cavities; Commode chairs; Saws for surgical purposes; Artificial breasts; Hypodermic syringes; Syringes for injections; Syringes for medical purposes; Urethral syringes; Uterine syringes; Vaginal syringes; Probes for medical purposes; Urethral probes; Suspensory bandages; Mirrors for surgeons; Mirrors for dentists; Spirometers [medical apparatus]; Surgical sponges; Spittoons for medical purposes; Crutches; Splints, surgical; Stents; Stethoscopes; Heart pacemakers; Boots for medical purposes; Electric acupuncture instruments; Balling guns; Teats; Orthopedic soles; Supports for flat feet; Corn knives; Ear plugs [ear protection devices]; Operating tables; Castrating pincers; Blankets, electric, for medical purposes; Thermometers for medical purposes; Feeding bottle teats; Breast pumps; Draw-sheets for sick beds; Trocars; X-ray tubes for medical purposes; Drainage tubes for medical purposes; Cases fitted for medical instruments; Sprayers for medical purposes; Cupping glasses; Clothing especially for operating rooms; Hot air vibrators for medical purposes; Vibromassage apparatus.
An interpretation of the wording of the list of goods and services is required to determine the scope of protection of these goods and services.
The term ‘in particular’, used in the opponent’s list of goods in Class 5, indicates that the specific goods are only examples of items included in the category and that protection is not restricted to them. In other words, it introduces a non-exhaustive list of examples (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 goods in Class 5 to show the relationship of individual goods with a broader category, is exclusive and restricts the scope of protection only to the specifically listed goods.
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.
The contested medical, dental and veterinary apparatus and instruments, dental apparatus, electric; dental apparatus and instruments; medical apparatus and instruments; veterinary apparatus and instruments; orthodontic appliances; diagnostic apparatus for medical purposes; dental burs; lasers for medical purposes; tongue scrapers; probes for medical purposes; mirrors for dentists; spittoons for medical purposes are identical to the opponent’s dental instruments and apparatus, either because they are identically contained in both lists or because the opponent’s goods include, are included in, or overlap with, the contested goods.
The contested artificial teeth (listed twice), dentures and artificial jaws are identically contained in the opponent’s list of goods in Class 10 (including synonyms).
The contested surgical apparatus and instruments (listed twice) are similar to a high degree to the opponent’s dental instruments and apparatus as they have the same purpose. Furthermore, they can coincide in producers, distribution channels and the relevant public.
The contested suture materials; suture needles; needles for medical purposes; aerosol dispensers for medical purposes; apparatus and installations for the production of x-rays, for medical purposes; apparatus for use in medical analysis; anaesthetic apparatus; sphygmomanometers; appliances for washing body cavities; radiological apparatus for medical purposes; x-ray apparatus for medical purposes; resuscitation apparatus; basins for medical purposes; ice bags for medical purposes; instrument cases for use by doctors; bougies [surgery]; cutlery [surgical]; knives for surgical purposes; thermo-electric compresses [surgery]; compressors [surgical]; droppers for medical purposes; thermal packs for first aid purposes; defibrillators; protection devices against x-rays, for medical purposes; finger guards for medical purposes; electrodes for medical use; temperature indicator labels for medical purposes; bandages, elastic; thread, surgical; filters for ultraviolet rays, for medical purposes; dropper bottles for medical purposes; scissors for surgery; gloves for medical purposes; injectors for medical purposes; insufflators; ultraviolet ray lamps for medical purposes; quartz lamps for medical purposes; lamps for medical purposes; lancets; surgical drapes; sterile sheets, surgical; anaesthetic masks; masks for use by medical personnel; suture materials; furniture especially made for medical purposes; pins for artificial teeth; dentists' armchairs; armchairs for medical or dental purposes; pumps for medical purposes; surgical implants [artificial materials]; pulse meters; clips, surgical; x-ray photographs for medical purposes; receptacles for applying medicines; containers especially made for medical waste; respirators for artificial respiration; scalpels; radiology screens for medical purposes; brushes for cleaning body cavities; commode chairs; saws for surgical purposes; hypodermic syringes; syringes for injections; syringes for medical purposes; mirrors for surgeons; surgical sponges; splints, surgical; stethoscopes; boots for medical purposes; thermometers for medical purposes; trocars; x-ray tubes for medical purposes; drainage tubes for medical purposes; cases fitted for medical instruments; sprayers for medical purposes; clothing especially for operating rooms are similar to the opponent’s dental instruments and apparatus as they can coincide in producers, distribution channels and the relevant public.
The remaining contested artificial limbs, eyes; orthopedic articles; acupuncture needles; radium tubes for medical purposes; teething rings; hearing aids for the deaf; urological apparatus and instruments; physical exercise apparatus, for medical purposes; obstetric apparatus; obstetric apparatus for cattle; dialyzers; fumigation apparatus for medical purposes; massage apparatus; apparatus for the treatment of deafness; nursing appliances; blood testing apparatus; physiotherapy apparatus; hearing protectors; radiotherapy apparatus; apparatus for artificial respiration; esthetic massage apparatus; microdermabrasion apparatus; body rehabilitation apparatus for medical purposes; hot air therapeutic apparatus; galvanic therapeutic appliances; bed vibrators; traction apparatus for medical purposes; artificial limbs; orthopedic articles; love dolls [sex dolls]; stretchers, wheeled; ambulance stretchers; plaster bandages for orthopedic purposes; water bags for medical purposes; elastic stockings for surgical purposes; stockings for varices; strait jackets; cannulae; catheters; catgut; feeding bottle valves; trusses; abdominal belts; belts, electric, for medical purposes; hypogastric belts; umbilical belts; orthopedic belts; maternity belts; belts for medical purposes; abdominal pads; contraceptives, non-chemical; ear trumpets; abdominal corsets; spoons for administering medicine; pads [pouches] for preventing pressure sores on patient bodies; air cushions for medical purposes; cushions for medical purposes; heating pads, electric, for medical purposes; invalids' hoists; electrocardiographs; hematimeters; galvanic belts for medical purposes; supportive bandages; medical guidewires; forceps; gastroscopes; knee bandages, orthopedic; corsets for medical purposes; air pillows for medical purposes; soporific pillows for insomnia; gloves for massage; inhalers; incubators for babies; incubators for medical purposes; enema apparatus for medical purposes; incontinence sheets; water beds for medical purposes; beds, specially made for medical purposes; air mattresses, for medical purposes; childbirth mattresses; artificial eyes; ophthalmometers; ophthalmoscopes; urinals [vessels]; bed pans; artificial skin for surgical purposes; pessaries; arch supports for footwear; babies' bottles; condoms; hair prostheses; intraocular prostheses [lenses] for surgical implantation; ear picks; tips for crutches for invalids; douche bags; orthopedic footwear; slings [supporting bandages]; artificial breasts; urethral syringes; uterine syringes; vaginal syringes; urethral probes; suspensory bandages; spirometers [medical apparatus]; crutches; stents; heart pacemakers; electric acupuncture instruments; balling guns; teats; orthopedic soles; supports for flat feet; corn knives; ear plugs [ear protection devices]; operating tables; castrating pincers; blankets, electric, for medical purposes; feeding bottle teats; breast pumps; draw-sheets for sick beds; cupping glasses; hot air vibrators for medical purposes; vibromassage apparatus are dissimilar to all the opponent’s goods and services. The goods and services under comparison have different natures and they satisfy different needs. They are addressed to the professionals specialising in different medical fields. Furthermore, they are neither complementary nor in competition.
- 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 found to be identical or similar (to varying degrees) are directed partly at the public at large and partly at professionals. The degree of attention may vary from average to high (in relation to goods affecting health).
- The signs
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).
Both signs are figurative. The earlier mark is composed of the word ‘LOVE’ written in lower case, standard letters and a red figurative element partly covered by the letter ‘E’.
The contested sign is composed of the word ‘LOVE’ written in standard title case letters, a hyphen and a letter ‘T’ in lower case. The letters are stylised and look like they are hand-written.
The word ‘LOVE’, present in both signs, is a basic English term which means, inter alia, ‘[a] strong feeling of affection’ (www.oxforddicitionaries.com). It will be understood by the relevant public.
Neither of the signs has any element that could be considered clearly more distinctive or more dominant (visually eye-catching) than other elements.
Visually, the signs coincide in the word ‘LOVE’. However, they differ in the additional red figurative element in the earlier mark and in the hyphen and additional letter ‘T’ in the contested sign. Furthermore, the signs differ in the graphical representation of the letters which are standard in the earlier mark and stylised in the contested sign. However, despite the stylisation, the letters of the contested sign are clearly visible.
Therefore, the signs are visually similar to an average 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 word ‘LOVE’, present in both signs. The pronunciation differs in the sound of the additional letter ‘T’ at the end of the contested sign.
Therefore, the signs are aurally highly similar.
Conceptually, both signs refer to the concept of ‘LOVE’. The red figurative element of the earlier mark may be associated with the same meaning, due to the presence of the word ‘LOVE’ and the fact that the contours of the figurative element resemble a heart, partly hidden behind the letter ‘E’. The relevant public will also perceive the letter ‘T’ in the contested sign.
Therefore, the signs are conceptually highly similar.
As the signs have been found similar in at least one aspect of the comparison, the examination of likelihood of confusion will proceed.
- Distinctiveness of the earlier mark
The distinctiveness of the earlier mark is one of the factors to be taken into account in the global assessment of likelihood of confusion.
The opponent did not explicitly claim that its mark is particularly distinctive by virtue of intensive use or reputation.
Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. In the present case, the earlier trade mark as a whole has no meaning for any of the goods 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
The goods and services are partly identical, partly similar (to varying degrees) and partly dissimilar.
The signs are visually similar to an average degree, aurally similar to a high degree and conceptually highly similar. The degree of distinctiveness of the earlier mark is normal.
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 and services covered are from the same or economically linked undertakings.
Taking all the above into account, the Opposition Division considers that the differing elements are not sufficient to counteract the visual, aural and conceptual similarity between the signs, to the extent that, even where the degree of attention is higher than average, the relevant public, when encountering the signs in relation to identical or similar goods (to varying degrees), is likely to think that they come from the same undertaking or, as the case may be, from economically linked undertakings.
In its observations, the applicant argues that the earlier trade mark has a low distinctive character given that there are many trade marks that include the word ‘LOVE’. In support of its argument the applicant refers to some EU trade mark registrations.
The Opposition Division notes that the existence of several trade mark registrations is not per se particularly conclusive, as it does not necessarily reflect the situation in the market. In other words, on the basis of data concerning a register only, it cannot be assumed that all such trade marks have been effectively used. It follows that the applicant did not demonstrate that consumers have been exposed to widespread use of, and have become accustomed to, trade marks that include the word ‘LOVE’. In addition, in the examples quoted by the applicant, ‘LOVE’ appears together with other words or as a part of a word also containing other letters. Under these circumstances, the applicant’s claim must be set aside.
Considering all the above, there is a likelihood of confusion on the part of the public and therefore the opposition is partly well-founded on the basis of the opponent’s European Union trade mark registration.
It follows from the above that the contested trade mark must be rejected for the goods found to be identical or similar (to varying degrees) to those of the earlier trade mark.
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.
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, both parties have succeeded on some heads and failed on others. Consequently, each party has to bear its own costs.
The Opposition Division
Rhys MORGAN | Justyna GBYL | Arkadiusz GÓRNY |
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.