OPPOSITION No B 2 387 705

Designer Shaik, Inc., P.O. Box 5643, Manama, Bahrein (opponent), represented by Viering, Jentschura & Partner mbB, Grillparzerstraße 14, 81675 München, Germany (professional representative)

a g a i n s t

Jinling Su, Kronthaler Str. 45, 65812 Bad Soden, Germany (applicant), represented by Christoph Friedrich Jahn, Rothenburg 41, 48143 Münster, Germany (professional representative).

On 19/08/2016, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 387 705 is partially upheld, namely for the following contested goods and services:

Class 3: Toiletries; Cleaning and fragrancing preparations; Essential oils and aromatic extracts; Cosmetics; Soaps; Perfumery; Animal grooming.

Class 5: Hygienic and beauty implements for humans and animals; Razors.

Class 9: Scientific research and laboratory apparatus, educational apparatus and simulators; Apparatus, instruments and cables for electricity; Recorded content; Devices for treatment using electricity; Information technology and audiovisual equipment; Magnets, magnetizers and demagnetizers; Measuring, detecting and monitoring instruments, indicators and controllers; Navigation, guidance, tracking, targeting and map making devices; Optical devices, enhancers and correctors; Safety, security, protection and signalling devices; Diving equipment; Light-emitting diodes [LED].

Class 11: Igniters; Lighting and lighting reflectors; Burners, boilers and heaters; Sun tanning appliances; Filters for industrial and household use; Heating, ventilating, and air conditioning and purification equipment (ambient); Industrial treatment installations; Nuclear installations; Food and beverage cooking, heating, cooling and treatment equipment; Refrigerating and freezing equipment; Personal heating and drying implements; Regulating and safety accessories for water and gas installations; Sanitary installations, water supply and sanitation equipment; Drying installations; Light-emitting diodes [LED] lighting apparatus; Flues and installations for conveying exhaust gases; Fireplaces.

Class 16: Printed matter; Adhesives for stationery or household purposes; Paper and cardboard; Stationery and educational supplies.

Class 20: Animal housing and beds.

Class 21: Gardening articles; Battery operated lint removers; Ironing boards; Flat-iron stands; Ironing cloths; Glove stretchers; Trouser presses; Stretchers for clothing; Buttonhooks; Tie presses; Shoe horns; Boot jacks; Wax-polishing appliances, non-electric, for shoes; Clothes trees of plastic; Clothes drying hangers; Ironing board covers, shaped; Tableware, cookware and containers; Clothes-pins; Drying racks for laundry; Shoe polishing mitts; Shoe shine cloths; Shoe cloths; Shoe scrapers incorporating brushes; Shoe trees [stretchers]; Cosmetic and toilet utensils and bathroom articles;

Class 25: Footwear.

Class 35: Business analysis, research and information services; Business assistance, management and administrative services; Advertising, marketing and promotional services; Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies; Retail services relating to food; Retail services connected with stationery; Retailing in stationery shops in relation to stationery, printed matter, computer equipment and peripheral apparatus, and home entertainment products; Mail order retail services connected with clothing accessories; Commercial trading and consumer information services; Retail store services in the field of clothing; Retail services connected with the sale of clothing and clothing accessories; Presentation of goods on communication media, for retail purposes.

2. European Union trade mark application No 12 714 218 is rejected for all the above goods and services. It may proceed for the remaining goods and services.

3. Each party bears its own costs.

REASONS:

The opponent filed an opposition against some of the goods and services of European Union trade mark application No 12 714 218, namely against some of the goods and services in Classes 3, 8, 9, 11, 14, 16, 18, 20, 21, 24, 25 and 35. The opposition is based on European Union trade mark registration No 12 710 091. The opponent invoked Article 8(1)(a) and (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.

1. The goods and services

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

Class 5: Dental preparations and articles; Dietary supplements and dietetic preparations; Dietary supplements for animals; Infant formula; Albumin dietary supplements; Albuminous foodstuffs for medical purposes; Albuminous preparations for medical purposes; Alginate dietary supplements; Anti-oxidant food supplements; Antioxidants; Appetite stimulant preparations; Appetite suppressants; Appetite suppressants for medical purposes; Artificial sweeteners adapted for diabetics; Artificial tea [for medicinal use]; Asthmatic tea; Bread products for diabetics; By-products of the processing of cereals for dietetic or medical purposes; Casein dietary supplements; Cereals prepared for use as invalids' foods; Cod liver oil; Cod-liver oil drops; Diabetic bread adapted for medical use; Diastase for medical purposes; Food supplements; Dietary supplemental drinks; Dietary supplements for humans; Fish oil for medical purposes; Flaxseed dietary supplements; Flaxseed oil dietary supplements; Food for diabetics; Food for medically restricted diets; Glucose dietary supplements; Health food supplements for persons with special dietary requirements; Health food supplements made principally of minerals; Health food supplements made principally of vitamins; Herbal dietary supplements for persons special dietary requirements; Irish moss for medical purposes; Royal jelly dietary supplements; Sugar substitutes for diabetics; Vitamin and mineral supplements; Vitamin drinks; Vitamin preparations; Vitamin supplements; Vitamin preparations in the nature of food supplements; Vitamin supplements for use in renal dialysis; Vitamin tablets; Wheat germ dietary supplements; Yeast dietary supplements; Protein supplements for animals; Protein dietary supplements; Propolis dietary supplements; Preparations for use as additives to food for human consumption [medicated]; Pollen dietary supplements; Nutritional supplements; Nutraceuticals for use as a dietary supplement; Lecithin dietary supplements; Meal replacement powders; Medicated supplements for foodstuffs for animals; Mineral dietary supplements for humans; Mineral food supplements; Mixed vitamin preparations; Multi-vitamin preparations; Substances in tablet form for use in the sterilisation of water; Personal sexual lubricants; Iodoform; Hygienic lubricants; Diapers for pets; Feminine hygiene products; Nappies for babies and incontinents; Absorbent diapers of cellulose for pets; Absorbent diapers of paper for pets; Absorbent sanitary articles; Breast-nursing pads; Disposable housebreaking pads for pets; Disposable housebreaking pads for use in training puppies; Incontinence pads; Sanitary wear; Belts for sanitary napkins [towels]; Sanitary towels; Sanitary pants; Pantyliners; Tampons; Vaginal washes; Shoe deodorizers; Fabric deodorizers; Alcohol swabs for medical purposes; Antiseptic cotton; Antiseptic preparations for wound care; Medicinal alcohol; Solutions for contact lenses; Solutions for neutralizing contact lenses; Solutions for rinsing contact lenses; Solutions for sterilising contact lenses; Wipes for medical use; Diagnostic preparations; Live organs and tissues for surgical purpose; Medical dressings, coverings and applicators; Adhesives for affixing prostheses; Animal dips [preparations]; Animal semen for artificial insemination; Animal sperm; Anti-rheumatism bracelets; Anti-rheumatism rings; Antibiotic food supplements for animals; Antibiotics for fish; Attractants for pet animals; Bacterial poisons; Bacterial preparations for medical and veterinary use; Biological tissue cultures for medical purposes; Biological tissue cultures for veterinary purposes; Blood for medical purposes; Blood components; Acetates for pharmaceutical purposes; Acids for pharmaceutical purposes; Aconitine; Adjuvants for medical purposes; Adrenal hormone preparations; Aldehydes for pharmaceutical purposes; Alginates for pharmaceutical purposes; Alkaline iodides for pharmaceutical purposes; Alkaloids for medical purposes; Allergy medication; Allergy relief medication; Aluminium acetate for pharmaceutical purposes; Amino acids for medical purposes; Amino acids for veterinary purposes; Ammonia inhalants; Anaesthetics; Analgesic balm; Analgesics; Androgen preparations; Angostura bark for medical purposes; Anhidrotics; Anoretics; Antacid preparations; Antacids; Anthelmintics; Anti-allergy sprays; Anti-malarials; Anti-microbial preparations; Anti-nauseants; Anti-uric preparations; Anti-viral agents; Allergy medication; Antibiotic dermatological products; Antibiotics; Antibiotics for human use; Antibiotics for use in dentistry; Antibiotics for veterinary use; Antifungal preparations; Antifungal creams for medical use; Antidepressants; Anticryptogamic preparations; Antibodies; Antibiotics in the form of lotions; Beta blockers; Beverages adapted for medicinal purposes; Bicarbonate of soda for pharmaceutical purposes; Bismuth preparations for pharmaceutical purposes; Blood tonics; Bismuth subnitrate for pharmaceutical purposes; Bromine for pharmaceutical purposes; Bronchodilating preparations; Burns (Preparations for the treatment of -); Cachou for pharmaceutical purposes; Calamine lotion; Calomel; Candy for medical purposes; Cardiovascular pharmaceuticals; Cardiovascular preparations; Caustics for pharmaceutical purposes; Cellulose for pharmaceutical purposes; Charcoal for pharmaceutical purposes; Chemical pessaries; Chemical preparations for pharmaceutical purposes; Chemicals for pharmaceutical use; Chemico-pharmaceutical preparations; Chemotherapeutics; Cocaine; Chromatic alginate dental impression material; Chloroform; Chinoline for medical purposes; Chilblain preparations; Chewing gum for medical purposes; Combinations of calcium salts for pharmaceutical use; Anti-cancer preparations; Compounds for treating correlated pulmonary syndromes; Compounds for treating respiratory diseases; Condurango bark for medical purposes; Constipation (Medicines for alleviating -); Contraceptive preparations; Cough mixtures; Cough pastilles for medical use; Creosote for pharmaceutical purposes; Croton bark; Curare; Decoctions for pharmaceutical purposes; Decongestant nasal sprays; Decongestant capsules; Decongestants; Demineralised water for medical purposes; Digestants; Digestive enzymes; Digestives for pharmaceutical purposes; Digitalin; Dill oil for medical purposes; Diluents for medical use; Diuretic pharmaceutical preparations; Diuretic preparations; Diuretic preparations; Dragees [medicines]; Drugs for medical purposes; Ear drops; Effervescent analgesic pharmaceutical preparations; Electrolyte solutions for medical use; Elixirs [pharmaceutical preparations]; Elixirs for preventing chills; Elixirs for preventing throat infections; Elixirs for relieving asthma; Elixirs for relieving chills; Emmenagogues; Epidermal growth factor preparations for the treatment of burns; Ergot for pharmaceutical purposes; Esters for pharmaceutical purposes; Ethers for medical use; Ethers for pharmaceutical purposes; Ethical medicinal preparations; Eucalyptol for pharmaceutical purposes; Eucalyptus for pharmaceutical purposes; Expectorants; Fat emulsions for medical infusions; Fat emulsions for parenteral hyperalimentation; Febrifuges; Fennel for medical purposes; Ferments for pharmaceutical purposes; Filled syringes for medical purposes [containing pharmaceuticals]; Fish meal for pharmaceutical purposes; Flaxseed for pharmaceutical purposes; Flaxseed meal for pharmaceutical purposes; Flour for pharmaceutical purposes; Flowers of sulfur for pharmaceutical purposes; Food esters for pharmaceutical purposes; Foot rot vaccines; Formic aldehyde for pharmaceutical purposes; Frostbite salve for pharmaceutical purposes; Fumigation preparations for medical purposes; Gallic acid for pharmaceutical purposes; Gamboge for medical purposes; Gentian for pharmaceutical purposes; Ginseng for medicinal use; Glucose for medical purposes; Glucose preparations for medical purposes; Glycerine for medical purposes; Glycerophosphates; Goulard water; Guaiacol for pharmaceutical purposes; Gum for medical purposes; Gurjun [gurjon, gurjan] balsam for medical purposes; Haematogen; Hemorrhoid preparations; Haemostatic preparations; Headache (Articles for -); Hemorrhoidal ointments; Herbal beverages for medicinal use; Herbal compounds for medical use; Herbal medicine; Herbal teas for medicinal purposes; Hops (Extracts of -) for pharmaceutical purposes; Hormone preparations for pharmaceutical use; Hormones for medical purposes; Human coagulation factors; Human growth hormone; Human immune globulin; Human plasma protein; Hydrastine; Hydrastinine; Hydrated chloral for pharmaceutical purposes; Hypnotic sedatives; Immunoassay reagents for medical use; Immunomodulators; Iodine; Iodides for pharmaceutical purposes; Inhalants; Impregnated pads containing medicated preparations; Implantable medicines; Immunotherapeutic agents for bacterial infections; Depuratives; Kretek (clove) cigarettes for medical use; Jujube, medicated; Jalap; Iodine for pharmaceutical purposes; Lecithin for medical purposes; Lime (Preparations of -) for pharmaceutical purposes; Liniments; Liquorice for pharmaceutical purposes; Local anaesthetics; Lozenges for pharmaceutical purposes; Lupulin for pharmaceutical purposes; Magnesia for pharmaceutical purposes; Magnesium hydroxide for medicinal use; Magnesium oxide for medical use; Magnesium salts for pharmaceutical use; Magnesium sulphate for pharmaceutical use; Malt albumin for pharmaceutical use; Malt extracts for pharmaceutical use; Malt for pharmaceutical purposes; Malted milk beverages for medical purposes; Mangrove bark for pharmaceutical purposes; Medical preparation for slimming purposes; Medicated food supplements; Medicated isotonic drinks; Medicinal herbal extracts for medical purposes; Medicinal infusions; Medicinal roots; Medicinal tea; Medicine cases, portable, filled; Medicines for dental purposes; Melissa water for pharmaceutical purposes; Menthol; Milk ferments for pharmaceutical purposes; Milk sugar; Milk sugar for pharmaceutical purposes; Mineral drinks (Medicated -); Mineral salts for medical purposes; Mint for pharmaceutical purposes; Motion sickness treatment preparations; Muscle relaxants; Mustard for pharmaceutical purposes; Mustard powder for medical purposes; Mustard preparations for medical purposes; Myrobalan bark for pharmaceutical purposes; Narcotics; Nasal decongestants; Nasal drops for the treatment of allergies; Nasal spray for the treatment of allergies; Nervines; Ophthalmic muscle relaxants; Ophthalmologic preparations; Opiates; Opium; Opodeldoc; Oral contraceptives; Organotherapy preparations; Orgasm creams; Oxygen for medical purposes; Ozone for medical use; Pain relieving creams; Paper for mustard poultices; Paracetamol; Parasiticides for medical use; Pectin for pharmaceutical purposes; Pepsins for pharmaceutical purposes; Peptones for pharmaceutical purposes; Pesticides; Petroleum jelly for medical purposes; Pharmaceutical implants; Pharmaceutical preparations for the treatment of cancer; Pharmaceutical preparations for treating dandruff; Pharmaceutical sweets; Pharmaceuticals for the treatment of erectile dysfunction; Phenol for pharmaceutical purposes; Pheromones for medical use; Phosphates for pharmaceutical purposes; Phylloxera (Chemical preparations for treating -); Plant extracts for pharmaceutical purposes; Pomades for medical purposes; Potassium salts for medical purposes; Poultices; Powder of cantharides; Preparations for destroying lice in the hair; Preparations for facilitating sexual coupling; Preparations for inhibiting sexual coupling; Propolis for pharmaceutical purposes; Probiotic bacterial formulations for medical use; Preparations for use in vaginal lubrication; Quassia for medical purposes; Quebracho bark for medical use; Quebracho for medical purposes; Quinquina for medical purposes; Radiopharmaceutical products; Reducing sexual activity (Preparations for -); Rhubarb roots for pharmaceutical purposes; Royal jelly for pharmaceutical purposes; Sexual stimulant gels; Serums; Serotherapeutic medicines; Sarsaparilla for medical purposes; Slimming pills; Siccatives [drying agents] for medical purposes; Smoking herbs for medical purposes; Sodium salts for medical purposes; Soporifics; Spermicidal creams; Spermicidal gels; Spermicides; Spermicides for application to condoms; Starch for dietetic or pharmaceutical purposes; Sterile solutions for medical purposes; Steroids; Strychnine; Styptic preparations; Sugar for medical purposes; Sulfonamides [medicines]; Suppositories; Syrups for pharmaceutical purposes; Tartar for pharmaceutical purposes; Thymol for pharmaceutical purposes; Tincture of iodine; Tinctures for medical purposes; Tisanes [medicated beverages]; Tissue-regenerative pharmaceutical preparations; Tobacco substitutes for medical purposes; Tonics [medicines]; Topical analgesic creams; Topical anti-infective substances for the treatment of infections of the eye; Topical ophthalmic anti-infective substances for the treatment of infections; Tranquillizers; Turpentine for pharmaceutical purposes; Urinary tract preparations; Vaginal lubricants; Vesicants; Yeast for pharmaceutical purposes; Yeast extracts for pharmaceutical purposes; Viral vaccines.

Class 9: Apparatus, instruments and cables for electricity; Devices for treatment using electricity; Diving equipment; Information technology and audiovisual equipment; Magnets, magnetizers and demagnetizers; Measuring, detecting and monitoring instruments, indicators and controllers; Navigation, guidance, tracking, targeting and map making devices; Optical devices, enhancers and correctors; Recorded content; Safety, security, protection and signalling devices; Scientific research and laboratory apparatus, educational apparatus and simulators; Optical lenses; Optical glass filters; Optical glass; Optical filters; Optical condensers; Optical beam deflectors; Optical apparatus and instruments; Ophthalmic lenses; Objectives [lenses] [optics]; Mirrors for inspecting work; Mirrors [optics]; Micrometer screws for optical instruments; Lens blanks; Lens; Interchangeable lenses; Inspection mirrors; Infrared optical apparatus; Infrared filters; Frequency reference crystals; Faraday rotator glass; Eyepieces (Instruments containing -); Anti-reflective lenses; Opticians' goods; Optical enhancers; Lasers; Dual amplifier balancers; Distribution amplifiers; Digitisers; Digital signal processing apparatus; Digital amplifiers; Demultiplexers; Demagnetizing apparatus for magnetic tapes; Decoding apparatus; Decoders; Data collection apparatus; Control amplifiers; Cases for electronic diaries; Automatic disc changers; Attenuators; Analogue to digital converters; Analogue convertors; Amplifiers; Amplifier tuners; Aerial amplifiers; Signal cables for IT, AV and telecommunication; Replicating apparatus; Data storage devices; Data processing equipment and accessories (electrical and mechanical); Communications equipment; Audio/visual and photographic devices; Demodulators; Commutation (Electric apparatus for -); Communications servers [computer hardware]; Communications processors; Communications networks; Communications head sets; Communication interface units; Communications controllers; Communication hubs; Coding modulators; Call logging apparatus; Broadband installations; Automatic dialling apparatus; Audio transmitter units; Apparatus for transmission of communication; Apparatus for the transmission of sound; Apparatus for the transmission of images; Amplitude modulation tuners; Aeronautical communications apparatus; Acoustic couplers; Acoustic conduits; Point-to-point communications equipment; Computer networking and data communications equipment; Broadcasting equipment; Antennas and aerials as communications apparatus; Optical semiconductor amplifiers; Optical receivers; Optical encoders; Multiport repeaters; Multiport controllers; Multiplexers; Multimedia multiplexers; Multifunction keyboards; Masers [microwave amplifiers]; Magnetic encoders; Label readers [decoders]; Video multiplexers; Ultrahigh frequency translator apparatus; Transmultiplexers; Timetables (Electrical -); Time programmers; Time division multiplexers; Time data generators; Telematic terminal apparatus; Telematic apparatus; Speech synthesizers; Speech recognition apparatus; Speech processors; Signal decoders; Signal amplifiers; Ships logs [electronic]; Ships logs [electric]; Self-synchronizing digital encryptors; Recording apparatus; Receiving terminals for signals; Racks for amplifiers; Pulse code modulating processors; Preamplifiers; Power amplifiers; Optical transmitters.

Class 11: Food and beverage cooking, heating, cooling and treatment equipment; Heating, ventilating, and air conditioning and purification equipment (ambient); Igniters; Industrial treatment installations; Lighting and lighting reflectors; Nuclear installations; Personal heating and drying implements; Refrigerating and freezing equipment; Regulating and safety accessories for water and gas installations; Sanitary installations, water supply and sanitation equipment; Sun tanning appliances; Burners, boilers and heaters; Drying installations; Filters for industrial and household use.

Class 21: Gardening articles; Plates, Cooking pot sets; Battery operated lint removers; Boot jacks; Buttonhooks; Clothes drying hangers; Clothes-pegs; Laundry drying racks; Flat-iron stands; Glove stretchers; Ironing boards; Ironing board covers, shaped; Ironing cloths; Clothes trees of plastic; Shoe horns; Shoe trees; Stretchers for clothing; Tie presses; Trouser presses; Wax-polishing appliances, non-electric, for shoes; Aquaria and vivaria; Devices for pest and vermin control; Animal activated animal feeders; Animal activated livestock feeders; Animal activated livestock waterers; Rings for birds, Not of metal; Barrels (non-metallic- ) for the identification of pet animals; Bird baths; Bird cages for domestic birds; Bird feeders; Bird feeders for feeding birds in the wild; Bird feeders for feeding caged birds; Bird feeders in the nature of containers; Birdcages; Cages for pets; Cat litter pans; Bands of common metal for the identification of birds; Containers for bird food; Currycombs; Dog food scoops; Drinking troughs; Feeding troughs; Food containers for pet animals; Goldfish bowls; Litter scoops for use with pet animals; Litter trays for birds; Mangers for animals; Nest eggs, artificial; Non-mechanized pet waterers in the nature of portable water and fluid dispensers for pets; Perches for bird cages; Pig troughs; Poultry rings; Poultry troughs; Rings for birds; Scoops for the disposal of animals excrement; Scoops for the disposal of pet waste; Watering troughs for cattle; Wire cages for household pets.

Class 25: Heelpieces for footwear; Insoles [for shoes and boots]; Insoles; Non-slipping devices for footwear; Shirt yokes; Shirt fronts; Frames (Hat -) [skeletons]; Linings (Ready-made -) [parts of clothing]; Pockets for clothing; Cap peaks; Welts for footwear; Fittings of metal for footwear; Shoes soles for repair; Footwear uppers; Tips for footwear; Dress shields; Studs for football boots; Heelpieces for stockings; Intermediate soles; Metal fittings for Japanese style wooden clogs; Slipper soles; Soles for japanese style sandals; Stiffeners for boots; Stiffeners for shoes; Toe straps for Japanese style wooden clogs; Tongues for shoes and boots; Uppers for Japanese style sandals; Uppers of woven rattan for Japanese style sandals; Wooden supports of Japanese style wooden clogs; Wooden main bodies of Japanese style wooden clogs.

Class 35: Stationery shop retail services connected with the sale of stationery, printed matter, computer equipment and peripherals and home entertainment products; Retail store services in the field of clothing; Retail services relating to food; Retail services connected with the sale of clothing and clothing accessories; Retail services connected with stationery; Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies; Retailing in department stores relating to machines for household purposes, hand tools, optical goods; Retailing in department stores relating to electric and electronic household apparatus; Advertising, marketing and promotional services; Business analysis, research and information services; Business assistance, management and administrative services; Commercial trade and consumer information; Rental of vending machines; Automatic re-ordering service for business; Arranging the buying of goods for others; Arranging subscriptions to telecommunication services for others; Arranging subscriptions of the online publications of others; Arranging of trading transactions and commercial contracts; Arranging of subscriptions for the publications of others; Arranging of contractual [trade]services with third parties; Arranging of commercial and business contacts; Arranging of collective buying; Arranging of buying and selling contracts for third parties; Arranging newspaper subscriptions for others; Newspaper subscriptions; Arranging business introductions relating to the buying and selling of products; Alcoholic beverage procurement services for others [purchasing goods for other businesses]; Advisory services relating to the purchase of goods on behalf of others; Advisory services relating to the purchase of goods on behalf of business; Advisory services relating to the ordering of stationery; Advice and information about customer services and product management and prices on internet sites in connection with purchases made over the internet; Administrative processing of purchase orders within the framework of services provided by mail-order companies; Administrative order processing; Administrative processing and organising of mail order services; Administration of newspaper subscription [for others]; Auctioneering services; Rental of sales stands; Mail order retail services connected with clothing accessories.

The contested goods and services are the following:

Class 3: Toiletries; Cleaning and fragrancing preparations; Abraders; Tailors' and cobblers' wax; Animal grooming preparations; Essential oils and aromatic extracts; Cosmetics; Soaps; Perfumery.

Class 8: Hygienic and beauty implements for humans and animals; Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance; Lifting Tools; Edged and blunt weapons; Food preparation implements, kitchen knives and cutlery; Razors.

Class 9: Scientific research and laboratory apparatus, educational apparatus and simulators; Apparatus, instruments and cables for electricity; Recorded content; Devices for treatment using electricity; Information technology and audiovisual equipment; Magnets, magnetizers and demagnetizers; Measuring, detecting and monitoring instruments, indicators and controllers; Navigation, guidance, tracking, targeting and map making devices; Optical devices, enhancers and correctors; Safety, security, protection and signalling devices; Diving equipment; Light-emitting diodes [LED].

Class 11: Light-emitting diodes [LED] lighting apparatus; Flues and installations for conveying exhaust gases; Igniters; Lighting and lighting reflectors; Burners, boilers and heaters; Sun tanning appliances; Filters for industrial and household use; Heating, ventilating, and air conditioning and purification equipment (ambient); Industrial treatment installations; Fireplaces; Nuclear installations; Food and beverage cooking, heating, cooling and treatment equipment; Refrigerating and freezing equipment; Personal heating and drying implements; Regulating and safety accessories for water and gas installations; Sanitary installations, water supply and sanitation equipment; Drying installations.

Class 14: Gemstones, pearls and precious metals, and imitations thereof; Jewellery; Jewellery boxes and watch boxes; Time instruments; Statues and figurines, made of or coated with precious or semi-precious metals or stones, or imitations thereof; Ornaments, made of or coated with precious or semi-precious metals or stones, or imitations thereof; Key fobs of precious metals; Bottle caps of precious metals; Commemorative coins; Gold bullion coins; Works of art of precious metal; Copper tokens; Boxes of precious metal; Objet d'art made of precious stones; Objet d'art of enamelled gold; Objet d'art of enamelled silver; Key charms coated with precious metals; Trinkets coated with precious metal; Trophies coated with precious metals; Trophies coated with precious metal alloys; Fancy keyrings of precious metals; Coins; Non-monetary coins; Collectible coins; Key rings [trinkets or fobs]; Key fobs [rings] coated with precious metal; Key rings [trinkets or fobs] of precious metal; Trinkets of bronze; Silver objets d'art.

Class 16: Money holders; Decoration and art materials and media; Printed matter; Disposable paper products; Filtering materials of paper; Adhesives for stationery or household purposes; Works of art and figurines of paper and cardboard, and architects' models; Paper and cardboard; Stationery and educational supplies; Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics.

Class 18: Luggage, bags, wallets and other carriers; Sausage skins and imitations thereof; Umbrellas and parasols; Saddlery, whips and animal apparel; Walking sticks; Sheets of imitation leather for use in manufacture; Worked or semi-worked hides and other leather; Skins of chamois, other than for cleaning purposes; Kid; Casings, of leather, for springs; Coverings of skins [furs]; Skin (Goldbeaters' -); Curried skins; Cattle skins; Chin straps, of leather; Cases, of leather or leatherboard; Leather cloth; Leather for furniture; Leather for shoes; Leather and imitation leather; Leather, unworked or semi-worked; Boxes made of leather; Sheets of leather for use in manufacture; Leather thread; Imitation leather; Studs of leather; Leatherboard; Straps (Leather -); Leather thongs; Laces (Leather -); Furniture coverings of leather; Polyurethane leather; Straps made of imitation leather; Butts [parts of hides]; Straps for skates; Shoulder belts; Leather shoulder belts; Hides; Shoulder straps; Valves of leather; Straps for soldiers' equipment; Moleskin [imitation of leather]; Trimmings of leather for furniture; Cosmetic purses; Baggage.

Class 20: Animal housing and beds; Containers, and closures and holders therefor; Displays, stands and signage; Furniture and furnishings; Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class; Ladders made of glass fibre; Step ladders made of wood; Ladders made of plastics; Boarding stairs, not of metal, mobile, for passengers; Kick step; Ladders of wood or plastics; Steps [ladders], not of metal; Ambroid bars; Bamboo; Bamboo canes; Yellow amber; Ivory; Ivory, unworked or semi-worked; Whalebones; Whalebone, unworked or semi-worked; Onigaya hay [raw or partly worked material]; Plaited straw, except matting; Stag antlers; Wood ribbon; Horn, unworked or semi-worked; Coral; Coral [unworked or partly worked]; Wicker; Cork bands; Artificial horns; Meerschaum; Meerschaum [raw or partly worked material]; Oyster shells; Mother-of-pearl; Raw mother of pearl; Mother-of-pearl, unworked or semi-worked; Rattan; Rattan [unworked or partly worked material]; Tortoiseshells [unworked or partly worked material]; Tortoiseshell imitation; Reeds [plaiting materials]; Reeds [raw or partly worked material]; Corozo; Tusks [raw or partly worked material]; Straw edgings; Straw plaits; Animal hooves; Animal horns; Animal bone [unworked or partly worked material]; Claws (Animal -); Animal teeth; Fasteners; Door, gate and window fittings; Releasable locking devices (Non-metallic -) [non-electric]; Locks, not of metal, for vehicles; Rim locks [non-electric], not of metal; Combination locks (non-metallic -) [non-electric]; Combination locks (Non-metallic -) for vehicles; Ball catches [not of metal]; Plastic key cards, not encoded and not magnetic; Mechanisms (Non-metallic, non-electric -) for locking windows; Spacers of plastic for use with sandwich panels; Mooring buoys; Shower curtain hooks; Tree protectors [tubes] not of metal; Tree protectors, not of metal; Hard wood tree stakes; Tree supports (Non-metallic -); Broom handles; Handles made of plastics for sweeping brushes; Broom handles, not of metal; Mouldings made of plastics for picture frames; Handles made of plastics for brushes; Handles (Non-metallic -) for brushes; Flagpoles; Staves of wood; Springs made principally of plastic; Spring washers of plastic; Mouldings made of substitutes of wood for picture frames; Hand-held flat fans; Tile spacers; Fans for personal use, non-electric; Furniture; Mattresses.

Class 21: Brushes and brush-making articles; Gardening articles; Tableware, cookware and containers; Cosmetic and toilet utensils and bathroom articles; Cleaning articles; Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class; Unworked and semi-worked glass, not specified for use; Battery operated lint removers; Ironing boards; Flat-iron stands; Ironing cloths; Glove stretchers; Trouser presses; Clothes brushes; Stretchers for clothing; Buttonhooks; Tie presses; Shoe horns; Shoe polishing mitts; Shoe shine cloths; Wax-polishing appliances, non-electric, for shoes; Shoe cloths; Shoe scrapers incorporating brushes; Shoe trees [stretchers]; Boot jacks; Clothes-pins; Drying racks for laundry; Clothes trees of plastic; Clothes drying hangers; Ironing board covers, shaped; Tableware, cookware and containers.

Class 24: Bed clothes and blankets; Filtering materials of textile; Fabrics; Textile goods, and substitutes for textile goods; Towels.

Class 25: Clothing; Headgear; Footwear; Bath robes.

Class 35: Business analysis, research and information services; Commercial trading and consumer information services; Business assistance, management and administrative services; Advertising, marketing and promotional services; Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies; Retail store services in the field of clothing; Retail services connected with the sale of clothing and clothing accessories; Retail services relating to food; Retail services connected with the sale of furniture; Retail services connected with stationery; Shop retail services connected with carpets; Retailing in stationery shops in relation to stationery, printed matter, computer equipment and peripheral apparatus, and home entertainment products; Mail order retail services connected with clothing accessories; Presentation of goods on communication media, for retail purposes.

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

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

Contested goods in Class 3

The contested goods Toiletries; Cleaning and fragrancing preparations; Essential oils and aromatic extracts; Cosmetics; Soaps; Perfumery are similar to the earlier Feminine hygiene products in Class 5 as they have the same purpose, to enhance the beauty and apperance of a person. They can also coincide in producer, end user and distribution channels.

The contested goods Animal grooming preparations are similar to the earlier Dietary supplements for animals in Class 5 as they can coincide in producer, end user and distribution channels.

However, the remaining contested goods Abraders; Tailors' and cobblers' wax are all dissimilar to all the earlier goods and services in Classes 5, 9, 11, 21, 25, 35 and 44. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested goods in Class 8

The contested goods Hygienic and beauty implements for humans and animals; Razors are similar to the earlier Feminine hygiene products in Class 5 as they can coincide in producer, end user and distribution channels.

However, the remaining contested goods Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance; Lifting Tools; Edged and blunt weapons; Food preparation implements, kitchen knives and cutlery are all dissimilar to all the earlier goods and services. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested goods in Class 9

Scientific research and laboratory apparatus, educational apparatus and simulators; Apparatus, instruments and cables for electricity; Recorded content; Devices for treatment using electricity; Information technology and audiovisual equipment; Magnets, magnetizers and demagnetizers; Measuring, detecting and monitoring instruments, indicators and controllers; Navigation, guidance, tracking, targeting and map making devices; Optical devices, enhancers and correctors; Safety, security, protection and signalling devices; Diving equipment are identically contained in both lists of goods and services.

The contested Light-emitting diodes [LED] are included in the broad category of the earlier Apparatus, instruments and cables for electricity and are therefore identical.

Contested goods in Class 11

Igniters; Lighting and lighting reflectors; Burners, boilers and heaters; Sun tanning appliances; Filters for industrial and household use; Heating, ventilating, and air conditioning and purification equipment (ambient); Industrial treatment installations; Nuclear installations; Food and beverage cooking, heating, cooling and treatment equipment; Refrigerating and freezing equipment; Personal heating and drying implements; Regulating and safety accessories for water and gas installations; Sanitary installations, water supply and sanitation equipment; Drying installations are identically contained in both lists of goods and services.

The contested Light-emitting diodes [LED] lighting apparatus are included in the broad category of the earlier Lighting and are therefore identical.

The contested Flues and installations for conveying exhaust gases are included in the broad category of the earlier ventilating equipment and are therefore identical.

The contested Fireplaces are included in the broad category of the earlier heating equipment and are therefore identical.

Contested goods in Class 14

The contested goods in Class 14, which relate to precious stones, jewellery, coins, objects of arts, etc., are all dissimilar to all the earlier goods and services. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested goods in Class 16

Retail services concerning the sale of particular goods are similar (to a low degree) to these particular goods (05/10/2011, T-421/10, Rosalia de Castro, EU:T:2011:565, § 33). Although the nature, purpose and method of use of these goods and services are not the same, it should be noted that they display similarities, having regard to the fact that they are complementary and that those services are generally offered in the same places as those where the goods are offered for sale. Furthermore, they are directed at the same public.

Therefore, the contested goods Printed matter; Adhesives for stationery or household purposes; Paper and cardboard; Stationery and educational supplies are similar to a low degree to the earlier Stationery shop retail services connected with the sale of stationery, printed matter, computer equipment and peripherals and home entertainment products.

However, the remaining goods Money holders; Decoration and art materials and media; Disposable paper products; Filtering materials of paper; Works of art and figurines of paper and cardboard, and architects' models; Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics are all dissimilar to all the earlier goods and services. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested goods in Class 18

The contested goods in Class 18, which relate to luggage, bags, leather and goods made from leather, etc., are all dissimilar to all the earlier goods and services, including those in Class 25. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested goods in Class 20

The contested goods Animal housing and beds are similar to the earlier cages for pets in Class 21 as they can coincide in producer, end user and distribution channels.

The remaining contested goods in this Class, namely containers, and closures and holders therefor; Displays, stands and signage; Furniture and furnishings; Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class; Ladders made of glass fibre; Step ladders made of wood; Ladders made of plastics; Boarding stairs, not of metal, mobile, for passengers; Kick step; Ladders of wood or plastics; Steps [ladders], not of metal; Ambroid bars; Bamboo; Bamboo canes; Yellow amber; Ivory; Ivory, unworked or semi-worked; Whalebones; Whalebone, unworked or semi-worked; Onigaya hay [raw or partly worked material]; Plaited straw, except matting; Stag antlers; Wood ribbon; Horn, unworked or semi-worked; Coral; Coral [unworked or partly worked]; Wicker; Cork bands; Artificial horns; Meerschaum; Meerschaum [raw or partly worked material]; Oyster shells; Mother-of-pearl; Raw mother of pearl; Mother-of-pearl, unworked or semi-worked; Rattan; Rattan [unworked or partly worked material]; Tortoiseshells [unworked or partly worked material]; Tortoiseshell imitation; Reeds [plaiting materials]; Reeds [raw or partly worked material]; Corozo; Tusks [raw or partly worked material]; Straw edgings; Straw plaits; Animal hooves; Animal horns; Animal bone [unworked or partly worked material]; Claws (Animal -); Animal teeth; Fasteners; Door, gate and window fittings; Releasable locking devices (Non-metallic -) [non-electric]; Locks, not of metal, for vehicles; Rim locks [non-electric], not of metal; Combination locks (non-metallic -) [non-electric]; Combination locks (Non-metallic -) for vehicles; Ball catches [not of metal]; Plastic key cards, not encoded and not magnetic; Mechanisms (Non-metallic, non-electric -) for locking windows; Spacers of plastic for use with sandwich panels; Mooring buoys; Shower curtain hooks; Tree protectors [tubes] not of metal; Tree protectors, not of metal; Hard wood tree stakes; Tree supports (Non-metallic -); Broom handles; Handles made of plastics for sweeping brushes; Broom handles, not of metal; Mouldings made of plastics for picture frames; Handles made of plastics for brushes; Handles (Non-metallic -) for brushes; Flagpoles; Staves of wood; Springs made principally of plastic; Spring washers of plastic; Mouldings made of substitutes of wood for picture frames; Hand-held flat fans; Tile spacers; Fans for personal use, non-electric; Furniture; Mattresses are all dissimilar to all the earlier goods and services. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested goods in Class 21

Gardening articles; Battery operated lint removers; Ironing boards; Flat-iron stands; Ironing cloths; Glove stretchers; Trouser presses; Stretchers for clothing; Buttonhooks; Tie presses; Shoe horns; Boot jacks; Wax-polishing appliances, non-electric, for shoes; Clothes trees of plastic; Clothes drying hangers; Ironing board covers, shaped are identically contained in both lists of goods and services.

The contested Tableware, cookware and containers include, as a broader category, the opponent’s Plates, Cooking pot sets. It is impossible for the Opposition Division to filter these goods from the abovementioned category. Since the Opposition Division cannot dissect ex officio the broad category of the applicant’s goods, they are considered identical.

The contested Clothes-pins refer to the same goods as the earlier Clothes-pegs and are therefore identical.

The contested Drying racks for laundry refer to the same goods as the earlier Clothes drying hangers and are therefore identical.

The contested Shoe polishing mitts; Shoe shine cloths; Shoe cloths; Shoe scrapers incorporating brushes; Shoe trees [stretchers] are similar to the earlier Wax-polishing appliances, non-electric, for shoes as they are generally offered in the same places as those where the goods are offered for sale. Furthermore, they are directed at the same public.

The contested Cosmetic and toilet utensils and bathroom articles are similar to the earlier Feminine hygiene products in Class 5 as they are generally offered in the same places as those where the goods are offered for sale. Furthermore, they are directed at the same public.

However, the remaining contested goods Cleaning articles; Brushes and brush-making articles; Clothes brushes; Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class; Unworked and semi-worked glass, not specified for use are all dissimilar to all the earlier goods and services. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested goods in Class 24

The contested goods in Class 24, which relate to bed clothes and textiles in general, are all dissimilar to all the earlier goods and services. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested goods in Class 25

The contested goods Footwear are similar to the earlier goods Insoles as they can coincide in producer, end user and distribution channels. Furthermore they are complementary.

However, the remaining contested goods Clothing; Headgear; Bath robes are all dissimilar to all the earlier goods and services. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

Contested services in Class 35

Business analysis, research and information services; Business assistance, management and administrative services; Advertising, marketing and promotional services; Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies; Retail services relating to food; Retail services connected with stationery; Retailing in stationery shops in relation to stationery, printed matter, computer equipment and peripheral apparatus, and home entertainment products; Mail order retail services connected with clothing accessories; Commercial trading and consumer information services; Retail store services in the field of clothing; Retail services connected with the sale of clothing and clothing accessories are identically contained (incl. synonyms) in both lists of goods and services.

The contested services Presentation of goods on communication media, for retail purposes are included in the broad category of the earlier Advertising, marketing and promotional services and are therefore identical.

However, the remaining contested services Retail services connected with the sale of furniture; Shop retail services connected with carpets are all dissimilar to all the earlier goods and services. They do not share the same commercial origin, nor the distribution channels and are also not directed at the same consumers.

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 found to be identical or similar are directed at the public at large as well as at business customers with specific professional knowledge or expertise. The degree of attention may vary from average to high.

3. 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).

The earlier mark is a figurative mark composed of the verbal element ’SHAIK’ in big bold stylised letters in the centre of the mark and the further verbal elements ‘DESIGNER SHAIK’ placed below the central verbal element. On top of the verbal elements there are Arabic letters and an unrecognisable figurative element with three pointed decorations. Further, there is a representation of a woman in a seal to the right of the letter “A” within the verbal element ‘SHAIK’.

The contested sign is a figurative mark composed of the verbal element ‘SHAIK’ in big white letters and above a circle which contains a logo which some would recognise as containing the letter ‘S’ and some further unrecognisable figurative elements as well as a central horizontal line.

The contested mark has no elements that could be considered clearly more distinctive than other elements.

The element ‘DESIGNER’ of the earlier sign will be associated with ‘A person who makes artistic designs’ (www.oed.com) throughout the Union as it is commonly used with fashion and cosmetics goods. Bearing in mind that the relevant goods and services could be designed by a designer or relate to the retail of designer goods, it is considered that this element is non-distinctive for all the earlier goods and services.

The contested mark has no element that could be considered more dominant (visually eye-catching) than other elements.

The element ‘SHAIK’ in the earlier sign is the dominant element as it is the most eye-catching.

Visually, the signs coincide in the verbal element ‘SHAIK’, which is the dominant and distinctive element of the earlier sign.

When signs consist of both verbal and figurative components, in principle, the verbal component of the sign usually has a stronger impact on the consumer than the figurative component. This is because the public does not tend to analyse signs and will more easily refer to the signs in question by their verbal element than by describing their figurative elements (14/07/2005, T‑312/03, Selenium-Ace, EU:T:2005:289, § 37; decisions of 19/12/2011, R 233/2011‑4 Best Tone (fig.) / BETSTONE (fig.), § 24; 13/12/2011, R 53/2011‑5, Jumbo(fig.) / DEVICE OF AN ELEPHANT (fig.), § 59).

Therefore, the signs are similar to an average degree from a visual point.

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 ‛SHAIK’, present identically in both signs, in the earlier mark it appears twice. The pronunciation differs in the sound of the letters ‘DESIGNERS’ of the earlier sign, which is the non-distinctive element of the earlier sign.The letter “S” in the contested sign is unlikely to be pronounced as it will be merely seen as part of a very stylised secondary logo within the main mark.

Therefore, the signs are aurally highly similar.

Conceptually, while the public in the relevant territory will perceive the Arabic letters and the non-distinctive verbal element ‘DESIGNER’ in the earlier sign as a reference to the ‘Arabic script or ornamentation and ‘referring to a person who designs’ the other sign lacks any meaning in that territory. Since one of the signs will not be associated with any meaning, the signs are not conceptually similar.

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

4. 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 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, despite the presence of a non‑distinctive element in the mark as stated above in section c) of this decision.

5. Global assessment, other arguments and conclusion

The goods and services are partly identical, partly similar (lowly) and partly dissimilar.

The signs are aurally and visually similar to the extent that they both include the word ‘SHAIK’, which is the only verbal element besides the letter ‘S‘ inside a circle on top of the verbal element, in the contested sign and is fully included in the earlier mark in a central and dominant position. It is the dominant and more distinctive element in the earlier mark.

When a sign, such as both marks, consists of both word and figurative components, the word components of the sign usually have a stronger impact on the consumer than the figurative components. This is because the public will more readily refer to a sign by its verbal component than by describing the elements of stylisation.

The aforementioned principle is fully applicable in the present case, since the relevant public will clearly read and pronounce the word ‘SHAIK’ in the contested mark and also in the earlier mark because the word ‘SHAIK’ is also reproduced in the lower part of the mark after the verbal element ‘DESIGNER‘ which lacks distinctiveness. It should be added that the stylisation of both marks is not sufficiently striking to obscure or camouflage the common word element, to which the relevant consumer will readily refer to name the mark.

The overall impression that the two signs will make on the relevant public will be similar. The differences between the marks are considered insufficient to counteract such an impression.

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 Union 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 those of the earlier trade mark. The same principle also applies to the goods considered to be lowly similar as the fully distinctive verbal element ‘SHAIK‘ is clearly identifiable in both marks.

The rest of the contested goods and 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 goods and services cannot be successful.

For the sake of completeness, it must be mentioned that the opposition must fail insofar as based on grounds under Article 8(1)(a) EUTMR because the signs are obviously not identical.

COSTS

According to Article 85(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 85(2) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division shall decide a different apportionment of costs.

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

The Opposition Division

Sigrid DICKMANNS

Lars HELBERT

Judit NÉMETH

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.