SPOTA | Decision 2725763 - Netwerk VSP B.V. v. Spota Tech Ltd

Date Published: Sep 28, 2017

OPPOSITION No B 2 725 763

Netwerk VSP B.V., Proostwetering 41, 3543 AC Utrecht, the Netherlands (opponent), represented by Novagraaf Nederland B.V., Hoogoorddreef 5, 1101 BA Amsterdam, the Netherlands (professional representative)

a g a i n s t

Spota Tech Ltd, 5 Jupiter House, Calleva Park, Aldermaston, Reading RG7 8NN, United Kingdom (applicant), represented by Creation IP Limited, Hillington Park Innovation Centre 1 Ainslie Road, Glasgow G52 4RU, United Kingdom (professional representative).

On 19/05/2017, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 725 763 is partially upheld, namely for the following contested goods and services:

Class 9: Computer software; computer software for the promotion of business, social media and networks and the provision of rewards and loyalty schemes; applications for mobile devices and tablets; applications for mobile devices and tablets for the promotion of business, social media and networks and the provision of rewards and loyalty schemes; electronic publications (downloadable); electronic publications (downloadable) relating to the promotion of business, social media and networks and the provision of rewards and loyalty schemes; encoded reward and loyalty cards; parts and fitting for the aforesaid goods; none of the aforesaid being for encoding and decoding texts, images or graphics, or the reading of chemical markers; excluding software for online dating and software for social introduction for the purposes of online dating and friendships.

Class 35: Advertising services provided over the internet; advertising services provided via a data base; advisory services relating to advertising; collection of information relating to advertising; electronic advertising services; information services relating to advertising; market research for advertising; online advertising on a computer network; promotion (advertising) of business; promotional advertising services; providing information, including online, about advertising, business management and administration and office functions; provision of advertising information; provision of information relating to advertising; advisory services relating to business management; advisory services relating to business organisation; advisory services relating to customer service; marketing advisory services; advice relating to business management; advisory services relating to business planning; business advisory services relating to the management of businesses; business advisory services relating to the management of businesses; business data analysis services; business promotion services; business referrals services; business research; business statistical information services; collecting business information; collecting business statistics; collecting information for business; collection of statistics for business; compilation of business data; compilation of business information; compilation of business statistics; computer assisted business information; computerised business information retrieval; computerised business information services; information services relating to businesses; providing business information via a web site; provision of business data; provision of business information; provision of business management information; provision of business statistical information; provision of commercial and business contact information; provision of information in relation to business management; provision of information relating to business; acquisition of commercial information; collection of commercial information; collection of information relating to market analysis; consumer market information services; marketing information; collection of data; commercial information services provided by access to a computer database; data collection (for others); data compilation for others; collection of information relating to market research; market research data collection services; market research data retrieval services; marketing research; organisation and administration services in relation to the supply of benefits for customer loyalty and frequent buyer or frequent flyer schemes; organisation and management of customer loyalty programmes; organisation, operation and supervision of customer loyalty schemes; sales promotion through customer loyalty programmes (for others); sales promotions through customer loyalty programmes (for others); organisation and management of incentive programmes; organisation, operation and supervision of an incentive scheme; online promotion on a computer network; promotional marketing; promotional services; sales promotion (for others); sales promotion services; sales promotions by issuing redeemable coupons (for others); provision of information relating to marketing; data management services; organisational services for personal purposes namely organising personal schedules; provision of information, advisory and consultancy services for all the aforesaid.

Class 36: Issuing of tokens of value in relation to customer loyalty schemes; issuing of vouchers or tokens of value in relation to the supply of benefits for customer loyalty and frequent buyer schemes; issuing of tokens of value in relation to incentive schemes; issuance of tokens of value; issuing of vouchers; issuing tokens of value; provision of information, advisory and consultancy services for all the aforesaid.

Class 38: Communication of information by computer; communication of information by electronic means; computer communications for the transmission of information; electronic transmission (uploading, posting or displaying) of data, information, pictures, images, audio and/or video via online forums; electronic transmission of information; providing user access to a global computer network and online sites containing information on a wide range of topics; transmission of information on a wide range of topics, including online and over a global computer network; data communication by electronic means; data transmission; data transmission for others; electronic transmission of data; transmission of data; communications services for the exchange of data in electronic form; computer network communication services; computerised data communications; electronic data communications; providing on-line communications links which transfer the web site user to other local and global web pages; electronic data exchange services; transmission of data by electronic means; internet portal services (providing user access to a global computer network); providing access to computer networks; providing access to online computer databases; providing internet chatrooms; providing online forums; providing telecommunications connections to a global computer network; providing user access to global computer networks; web portal services (providing user access to a global computer network); provision of links to other websites; provision of user access to the internet; provision of information, advisory and consultancy services for all the aforesaid; none of the aforesaid relating to encoding and decoding texts, images or graphics, or the reading of chemical markers.

Class 41: Business education services; electronic publication of information on a wide range of topics, including online and over a global computer network; provision of education services via an online forum; provision of education information; provision of information, advisory and consultancy services for all the aforesaid.

Class 42: Software as a service; software as a service relating to the promotion of business, social media and networks and the provision of rewards and loyalty schemes; application software service provider; application software service provider relating to the promotion of business, social media and networks and the provision of rewards and loyalty schemes; software development and provision; software development and provision relating to the promotion of business, social media and networks and the provision of rewards and loyalty schemes and encoded reward and loyalty cards; data hosting services; provision of information, advisory and consultancy services for all the aforesaid.

Class 45: Providing information, including online, related to social networking; consultancy services relating to social networking; online social networking services; social media and networking services relating to the promotion of business, social media and networks and the provision of rewards and loyalty schemes; provision of information, advisory and consultancy services for all the aforesaid; excluding online dating services and social introduction services for the purposes of online dating and friendships.

2. European Union trade mark application No 15 109 077 is rejected for all the above goods and services. It may proceed for the remaining services.

3. Each party bears its own costs.

REASONS:

The opponent filed an opposition against all the goods and services of European Union trade mark application No 15 109 077. The opposition is based on Benelux trade mark registration No 1 268 356. 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 goods and services

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

Class 9: Image, sound and other data carriers in electronic, magnetic, optical or other form (not included in other classes); electronic publications recorded on carriers; electronic publications, downloadable, also obtainable through electronic and telecommunications channels, including the Internet, television networks, (mobile) telephone networks, cable, satellite and ethernet works and other such networks.

Class 16: Paper, cardboard and goods made from these, not included in other classes; books, newspapers, magazines, printed advertisements and other printed matter and texts; bookbinding materials; photos, posters and stickers; packaging materials (other than stuffing) made of paper, cardboard and / or plastic, for books, newspapers, magazines, printed advertisements and other printed matter and texts, not included in other classes.

Class 35: Business management; business administration; administrative services, including pre-sorting and processing responses to mailings; business mediation in the purchase and sale of databases, including name and / or address databases as well as databases with all data relating to households; the provision of name and / or address databases for third parties and establishing and managing these databases; creating, managing and maintaining databases; assembling mailings; distribution of advertising material; compilation of statistics; commercial information; marketing, marketing research and marketing analysis; business and organizational-economic consultancy; direct mailing; database marketing; telemarketing, (direct) marketing and business consultancy; the provision of advertising opportunities available on the internet; the bringing together of various goods (except transport thereof), and services on the internet, for others, so that consumers can easily review and buy same; administrative services concerning accepting and executing orders; administrative services concerning order processing and order booking, whether or not via the internet; business mediation for the marketing of products in connection with teleshopping and advice relating thereto; publicity and advertising concerning the aforesaid services; publication of publicity texts; publishing and rental of promotional materials; the aforesaid services also via electronic and telecommunications channels, including the internet, television networks, (mobile) telephone networks, cable, satellite and ethernet works and other such networks; (door-to-door) distribution of printed material, advertisements and samples.

Class 38: Telecommunications; electronic data transfer; interactive telecommunications; telecommunications via on-line computer networks; telecommunications intended for on-line information services, one and the other in relation to and the benefit of the provision of advertising material; sending mailings.

Class 39: Fast Transport services for mail, parcels, documents and other products; warehousing; mail order services; collecting, chartering, transporting, shipping, unloading and delivery of freight, packages, parcels, mail, documents, securities, magazines, periodicals and other products; messenger services [courier]; transportation of goods.

Class 41: Publishing, editing, lending and distribution of printed matter, including books, newspapers, magazines, newsletters, periodicals, advertising material, brochures, guides and brochures, including via electronic and telecommunications channels, like the Internet, television networks, (mobile) telephone networks, cable, satellite and ethernet works and other such networks.

The contested goods and services are the following:

Class 41: Business education services; electronic publication of information on a wide range of topics, including online and over a global computer network; provision of education services via an online forum; provision of education information; provision of social club services; social club services (entertainment, sporting and cultural services); entertainment club services; provision of information, advisory and consultancy services for all the aforesaid.

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 ‘including’, used in the applicant and the opponent’s lists of goods and services, indicates that the specific goods and services are only examples of items included in the category and that protection is not restricted to them. In other words, it introduces a non-exhaustive list of examples (09/04/2003, T-224/01, Nu-Tride, EU:T:2003:107).

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

As a preliminary remark, it is to be noted that according to Article 28(7) EUTMR, goods or services are not regarded as being similar or dissimilar to each other on the ground that they appear in the same or different classes under the Nice Classification.

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

Contested goods in Class 9

Preliminary remark

According to the wording of the applicant’s specification, the goods in Class 9 are limited to those non being for encoding and decoding texts, images or graphics, or the reading of chemical markers and to those non related to software for online dating and software for social introduction for the purposes of online dating and friendships. The Opposition Division will take the exclusion into account for all goods in the comparison below.

The contested electronic publications (downloadable) is identically contained in the opponent’s list of goods under electronic publications, downloadable, also obtainable through electronic and telecommunications channels, including the Internet, television networks, (mobile) telephone networks, cable, satellite and ethernet works and other such networks.

The contested electronic publications (downloadable) relating to the promotion of business, social media and networks and the provision of rewards and loyalty schemes is included in the broader category of the opponent’s electronic publications, downloadable, also obtainable through electronic and telecommunications channels, including the Internet, television networks, (mobile) telephone networks, cable, satellite and ethernet works and other such networks. Therefore, they are identical.

The contested encoded reward and loyalty cards; parts and fitting for the aforesaid goods are cards issued by a retailer to entice customers to come in and return to the same retailer, and on which information about the card holder, the purchase or the loyalty program in question are stored magnetically. To that extent, they are identical to the opponent’s other data carriers in magnetic form (not included in other classes) which are also supports on which information is magnetically stored.

The contested computer software; computer software for the promotion of business, social media and networks and the provision of rewards and loyalty schemes; applications for mobile devices and tablets; applications for mobile devices and tablets for the promotion of business, social media and networks and the provision of rewards and loyalty schemes are similar to the opponent’s electronic publications, downloadable, also obtainable through electronic and telecommunications channels, including the Internet, television networks, (mobile) telephone networks, cable, satellite and ethernet works and other such networks as they can coincide in producer, end user and distribution channels. Furthermore they are complementary.

Contested services in Class 35

The contested marketing research; provision of information, advisory and consultancy services for all the aforesaid is identically contained in both lists of services.

The contested advertising services provided over the internet; advertising services provided via a data base; collection of information relating to advertising; electronic advertising services; information services relating to advertising; market research for advertising; online advertising on a computer network; promotion (advertising) of business; promotional advertising services; provision of advertising information; provision of information relating to advertising; sales promotion through customer loyalty programmes (for others); sales promotions through customer loyalty programmes (for others); online promotion on a computer network; promotional marketing; promotional services; sales promotion (for others); sales promotion services; sales promotions by issuing redeemable coupons (for others); organisation and administration services in relation to the supply of benefits for customer loyalty and frequent buyer or frequent flyer schemes; organisation and management of customer loyalty programmes; organisation, operation and supervision of customer loyalty schemes; organisation and management of incentive programmes; organisation, operation and supervision of an incentive scheme; business promotion services; advisory services relating to advertising; business referrals services; marketing advisory services; providing information, including online, about advertising, provision of information, advisory and consultancy services for all the aforesaid are all services rendered in relation to advertising and promotion activities. The opponent’s marketing is the organization of the sale of a product, deciding on its price, the areas it should be supplied and how it should be advertised. As such, advertising and promotion activities are part of the opponent’s broader category of marketing. Therefore, they are identical.

The contested providing information, including online, about business management; advisory services relating to business management; advisory services relating to business organisation; advisory services relating to customer service; advice relating to business management; advisory services relating to business planning; business advisory services relating to the management of businesses; business advisory services relating to the management of businesses; provision of information, advisory and consultancy services for all the aforesaid are consultancy, advisory and assistance activities usually rendered by specialist companies such as business consultants. These companies gather information and provide tools and expertise to enable their customers to carry out their business or provide businesses with the necessary support to acquire, develop and expand market share. The opponent’s business management include activities such as business research and assessments, cost and price analyses, organisational consultancy and any consultancy, advisory and assistance activity that may be useful in the management of a business. Consequently, the above mentioned contested services are included in the broad category of the opponent’s business management. Therefore, they are identical.

The contested business data analysis services; business research; business statistical information services; collecting business information; collecting business statistics; collecting information for business; collection of statistics for business; compilation of business data; compilation of business information; compilation of business statistics; computer assisted business information; computerised business information retrieval; computerised business information services; information services relating to businesses; providing business information via a web site; provision of business data; provision of business information; provision of business management information; provision of business statistical information; provision of commercial and business contact information; provision of information in relation to business management; provision of information relating to business; acquisition of commercial information; collection of commercial information; collection of data; commercial information services provided by access to a computer database; data collection (for others); data compilation for others; data management services; provision of information, advisory and consultancy services for all the aforesaid are either included in the broad category of the opponent’s business management or in the broad category of administrative services. Therefore, they are identical.

The contested providing information, including online, about office functions is included in the broad category of the opponent’s administrative services, including pre-sorting and processing responses to mailings. Therefore, they are identical.

The contested collection of information relating to market analysis; consumer market information services; marketing information; provision of information relating to marketing; collection of information relating to market research; market research data collection services; market research data retrieval services; provision of information, advisory and consultancy services for all the aforesaid are included in the broad category of the opponent’s marketing. Therefore, they are identical.

The contested organisational services for personal purposes namely organising personal schedules; providing information, including online, about administration; provision of information, advisory and consultancy services for all the aforesaid are included in the broad category of the opponent’s business administration. Therefore, they are identical.

Contested services in Class 36

The contested issuing of tokens of value in relation to customer loyalty schemes; issuing of vouchers or tokens of value in relation to the supply of benefits for customer loyalty and frequent buyer schemes; issuing of tokens of value in relation to incentive schemes; issuance of tokens of value; issuing of vouchers; issuing tokens of value; provision of information, advisory and consultancy services for all the aforesaid are the issuance of vouchers that can be exchanged for goods or services in the frame of a promotional offer to foster customer loyalty and their corresponding information services. To that extent, these services are similar to the opponent’s marketing in Class 35 which role is, among other, to advertise and promote a product or a service as mentioned earlier. Consequently, they have the same purpose, they can be provided through the same undertaking and they are addressed to the same public.

Contested services in Class 38

All the contested services in Class 38 are telecommunications services that are included in the broader category of the opponent’s telecommunications. Therefore, they are identical.

Contested services in Class 41

The contested electronic publication of information on a wide range of topics, including online and over a global computer network; provision of information, advisory and consultancy services for all the aforesaid are included or overlap with the broad category of the opponent’s publishing of printed matter, including books, newspapers, magazines, newsletters, periodicals, advertising material, brochures, guides and brochures, including via electronic and telecommunications channels, like the Internet, television networks, (mobile) telephone networks, cable, satellite and ethernet works and other such networks. Therefore, they are identical.

The contested business education services; provision of education services via an online forum; provision of education information; provision of information, advisory and consultancy services for all the aforesaid are similar to the opponent’s publishing, editing, lending and distribution of printed matter, including books, newspapers, magazines, newsletters, periodicals, advertising material, brochures, guides and brochures, including via electronic and telecommunications channels, like the Internet, television networks, (mobile) telephone networks, cable, satellite and ethernet works and other such networks as they can have the same origin, end user and distribution channels. Furthermore they are complementary.

The contested provision of social club services; social club services (entertainment, sporting and cultural services); entertainment club services; provision of information, advisory and consultancy services for all the aforesaid offer different activities related to entertainment, education or reading. The fact that the contested services might involve some of the opponent’s goods or services is not enough to find similarity between them. Accordingly, these goods and services under comparison are dissimilar, since they differ in nature, purpose, method of use, distribution channels and points of sale. They are not directed at the same consumers, are neither complementary nor in competition and are not likely to come from the same kind of undertakings.

Contested services in Class 42

The contested services in Class 42 are for software development, for the provision of software as a service, for data hosting services and for information, consultancy and advisory services provided in relation to the aforementioned services and are similar to the opponent’s telecommunications in Class 38 as they have the same purpose. They can coincide in producer and distribution channels. Furthermore they are complementary.

Contested services in Class 45

The contested providing information, including online, related to social networking; consultancy services relating to social networking; online social networking services; social media and networking services relating to the promotion of business, social media and networks and the provision of rewards and loyalty schemes; provision of information, advisory and consultancy services for all the aforesaid; excluding online dating services and social introduction services for the purposes of online dating and friendships are similar to the opponent’s telecommunications in Class 38 to the extent that they are services in relation with a platform used to build social networks or social relations among people who, for example, share interests, activities, backgrounds, or real-life connections. A social network service consists of a representation of each user, his/her social links, and a variety of additional services. Most social network services are web-based and provide means for users to interact over the Internet, such as e-mail and instant messaging. Social networking sites allow users to share ideas, pictures, posts, activities, events, and interests with people in their network and companies also tend to take advantage of the impact of social media on its users for promotion purposes.

It can thus be established that telecommunications services in Class 38 play an essential role in the provision of social networking services. Both the social networking services and the telecommunication services contribute to the functioning of the platform and make it possible for operators to render their respective services and for users to have access to such services and to make use of them. The services will have the same ultimate purpose, namely to provide means for users to interact over the Internet, they target the same public and may be provided by the same companies. These services are considered similar.

Relevant public — degree of attention

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

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

The degree of attention may vary from average to high, depending on the specialised nature of the goods and services, their price and their specialised nature.

The signs

SPOTTA

SPOTA

Earlier trade mark

Contested sign

The relevant territory is constituted of the countries of the Benelux.

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 signs are word marks. Furthermore, they have no meaning whatsoever for the public in the relevant territory and they are therefore distinctive.

Visually, the signs coincide in the letters ‘SPOT*A’. They only differ in the additional letter ‘T’ placed in the fifth position in the earlier mark. Therefore, they are visually highly similar.

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 ‛SPOT(*)A’, present identically in both signs. For a part of the public, there can be a difference of pronunciation between the signs because of the additional letter ‘T’ in the earlier mark and therefore the signs are aurally highly similar. For the rest of the public, the signs are aurally identical since the additional letter ‘T’ will not add any difference.

Conceptually, neither of the signs has a meaning for the public in the relevant territory. Since a conceptual comparison is not possible, the conceptual aspect does not influence the assessment of the similarity 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.

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

Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. In the present case, the earlier trade mark as a whole has no meaning 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.

Global assessment, other arguments and conclusion

The appreciation of likelihood of confusion on the part of the public depends on numerous elements and, in particular, on the recognition of the earlier mark on the market, the association which can be made with the registered mark, the degree of similarity between the marks and between the goods or services identified (recital 8 of the EUTMR). It must be appreciated globally, taking into account all factors relevant to the circumstances of the case (22/06/1999, C 342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 18; 11/11/1997, C 251/95, Sabèl, EU:C:1997:528, § 22).

Such a global assessment of a likelihood of confusion implies some interdependence between the relevant factors, and, in particular, similarity between the trade marks and between the goods or services. Accordingly, a greater degree of similarity between the goods may be offset by a lower degree of similarity between the marks, and vice versa (29/09/1998, C 39/97, Canon, EU:C:1998:442, § 17).

As indicated above, the goods and services are partly identical, partly similar to different degrees and partly dissimilar, and they are directed at the public at large and professional consumers, whose degree of attention may vary from average to high.

Furthermore, the coincidences between the signs are obvious and the absence of the double ‘T’ in the contested sign is clearly not sufficient to counteract the number of similarities existing between the signs, even for consumers that will display a high degree of attention.

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). Even consumers who pay a high degree of attention need to rely on their imperfect recollection of trade marks (21/11/2013, T 443/12, ancotel, EU:T:2013:605, § 54).

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.

Considering all the above, the Opposition Division finds that there is a likelihood of confusion on the part of the public and therefore the opposition is partly well-founded on the basis of the opponent’s Benelux trade mark registration.

It follows from the above that the contested trade mark must be rejected for the goods and services found to be identical or similar to different degrees 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.

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

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

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 will decide a different apportionment of costs.

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

The Opposition Division

Martina GALLE

Sandra IBAÑEZ

Catherine MEDINA

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.

SPOTA | Decision 2725763 - Netwerk VSP B.V. v. Spota Tech Ltd

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