Urteile

LISA ./. ELISA: Verwechslungsgefahr

Tatbestand

On 14/08/2003, the applicant filed application No 4 538 245 to register the word mark "ELISA" for goods and services in classes 9, 35, 38, 41 and 42.

The opposition is directed against all the goods and services covered by the contested application and based on all the goods and services of the following earlier rights:

• German trade mark registration No 398 55 554 of the word mark "LISA". It was filed on 28/09/1998 and registered on 04/05/1999 for goods and services in classes 3, 5, 6, 7, 8, 9, 14, 15, 16, 18, 20, 21, 24, 25, 26, 29, 32, 33, 34, 35, 38, 41 und 42.

• Community trade mark registration No 2 960 599 of the word mark "LISA". It was filed on 03/12/2002 and registered on 25/01/2008 for goods and services in classes 16 and 41.

The grounds of the opposition are those laid down in Articles 8(1)(b) and 8(5) of the Community Trade Mark Regulation (CTMR).

The opponent claims that its trade mark registrations enjoy reputation for periodicals in Germany. It argues that there is a likelihood of confusion because of the similarity of the marks and the identity and high similarity of the goods and services concerned. Regarding the similarity of the signs, it submits that LISA and ELISA are both commonly used abbreviations of the name ELISABETH.

The applicant did not submit any observations in reply.

Entscheidungsgründe

1. Likelihood of Confusion - Article 8(1)(b) CTMR

According to Article 8(1) CTMR, upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered:

(b) if because of its identity with or similarity to the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected; the likelihood of confusion includes the likelihood of association with the earlier trade mark.

a) Comparison of the goods and services

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

German registration No 398 55 554

Classes 3, 5, 6, 7, 8, 9, 14, 15, 16, 18, 20, 21, 24, 25, 26, 29, 32, 33, 34, 35, 38, 41 and 42:

Machine-readable data carriers of all kinds furnished with information and software, in particular digital and analog recording carriers with e.g. culture and scientific and industrial resp. technical information; programmed floppy diskettes, ROM video cassettes, compact discs and chip disks as well as sound/image and video recording carriers, in particular for the presentation e.g. of culture, sports and scientific information and industrial resp. technical information; chip cards, in so far as comprised in Class 9; publication of printed matters, in particular newspapers, periodicals and books, and teaching and instructional material including stored and sound image information; production of Sound and image recordings on sound and image carriers; showing and rental of sound and image recording and signal carriers, of stored sound and image information, of sound and image discs, sound and video tapes and cassettes; services of an editor: publication of digital and analog recording carriers with e.g. culture, scientific, sports, industrial resp. technical information; production of sound and image recordings on sound and image carriers; providing of data-processing programs; services in the field of telecommunications and an information database, providing of information to others, broadcasting information via wireless or cable networks, organisation and broadcasting radio and television transmissions; On-line services, namely message sending and broadcasting of programs; up-dating service also for CD-ROM; organisation of events and providing tickets for events, providing coded credit cards; providing of travels, of accommodation including hotels, also of rent-a-car services; soap; perfumeries, essential oils, make-up, cosmetic products, hair tonic, body care and beauty products: aftershave lotion and cream, deodorant; toilet articles; dental care products; pharmaceutical products as well as health care products, dietary products for non-medical purposes, in particular as supplementary food products for sports e.g. supplementary and also stimulating products containing vitamins, minerals and trace elements; goods of nonprecious metals, in so far as comprised in class 6, signs of metal; badges, fashion accessories, namely buckles, locks, reap. fasteners of metal and/or plastic; motor-driven tool machines, in particular motor-driven tools as craftsmen and hobby tools; cutlery, forks, spoons; hand-operated tools and devices; scientific apparatuses and Instruments for research in laboratories, navigation and survey devises; apparatus and instruments for weakcurrent engineering, namely for communication engineering, high frequency and control engineering, photographic, film, optical, weighing, measuring, signal, control life-saving and training apparatuses and instruments; spectacles, spectacle-glasses. spectacle frames; recording and rendering objects; devises for recording, transmission and rendering of sound and image; magnetic recording carriers; loudspeakers, electronic amplifiers; precious metals and their alloys as well as objects produced thereof and plated objects; jewellery gems; watches and other chronometers; fashion jewellery, in particular cuff links, tie pins, bracelets, broaches, badges, earrings; ash trays; music instruments; paper, cardboard and products of these materials, namely signs and models; publications, newspapers and magazines, books, posters, stickers, calendars, photographs; stationery, bonding agents (for paper and stationery), typewriters and office articles, namely non-electric office equipment, writing utensils, ball-point pens, fountain pens; educational and training means, except apparatus, also as models and audio-visual signs; leather and leather imitation as well as products hereof, as far as comprised in class 18; hides and skins, furs; suitcases and travel cases, bags, small leather products, shopping bags, purses, travel cases and holdalls, briefcases and school bags reap. satchels, document folders, leather belts and straps, umbrellas, handbags, wallets, map cases, document cases, suitcases and travel cases, rucksacks, knapsacks, cosmetic and jewellery cases, sports bags and cases of leather or leather imitation for small tools and sports equipment, board cases, toilet bags, key bags, purses for bank notes, college folders and other containers of leather not adapted to the objects to hold; devices and containers for household and kitchen (not of precious metal); brushes; glassware, porcelain and stoneware (as far as comprised in class 21); woven and knitted fabric; bed linen and tablecloths: textiles, as far as comprised in class 24; towels, tarry textiles; apparel, including boots and shoes; headgear, sun shields as clothing, head and body belts; tricot, T-shirts, dressing gowns, jeans. socks, sports clothing, sports shoes; gymnastic and sports articles, as far as comprised in class 28, except apparel; toys, namely toy cars, model cars, games, games, computer games, stationary training bikes; beer, fruit drinks, mineral water and carbonated water and other soft drinks; drinks containing milk; spirits; raw tobacco and tobacco products; snickers' articles, namely cigar cutters, cigarette and cigar tips, matches, lighters; accommodation of and catering for guests; operation of gymnastic and fitness centres and leisure-time parks as well as casinos; operation of fan clubs. Advertising agency services Including providing and production of radio and television advertising broadcasts and internet offers; consultancy and providing as well as sale and rental of sending time; mediation of advertising; distribution of goods for advertising purposes, sales promotion, providing and arranging of advertising events; advertisement agency services, namely advertising; distribution of advertisements, arrangement of advertising information, publication and distribution of advertising texts; marketing, market research, opinion research, organization of exhibitions and fares for economic advertising purposes.

Community trade mark registration No 2 960 599

Class 16:
Printed matter, pamphlets, periodicals, newspapers, in particular including electronic publications, all of the aforementioned except customer information services like e.g. customer magazines, and all of the aforementioned not with a focus on technologies/telecommunication technologies; bookbinding materials, posters, stickers, calendars; signboards and models of paper or cardboard; photographs and photographic products; paper, cardboard; stationery and office requisites (except furniture); instructional and teaching material (except apparatus), included in class 16.

Class 41:
Publication of printed matter, in particular newspapers, periodicals and books, and teaching and instructional material, all including stored sound and image information, also in electronic form, all of the aforementioned not with a focus on technologies/telecommunication technologies; production of sound and image recordings on sound and image carriers; showing and rental of sound and image recordings, in particular radio entertainment; conducting entertainment events, live events in the cultural, sporting and advertising fields, training events and cultural and sporting events, online publication of electronic periodicals, namely on-line publication of women's magazines not with a focus on technologies/telecommunication technologies.

The contested goods and services are the following:

Class 9:
Recorded computer programs for the creation, storage, management and searching of databases and databanks; text and sound computer databases and databanks; media for information, data, images and sound, whether or not recorded, in the form of disks, diskettes, optical disks, digital disks, magnetic tapes, cassettes or cartridges; modems and magnetic identity cards; information on film, microfiche and microfilm; audiovisual apparatus and instruments; apparatus of all kinds for the storage, reading, recording, capture, display, transmission or reproduction of sound, images and analogue and digital data of all kinds; data-processing apparatus and equipment; computers and computer peripherals; microcomputers, portable computers; computer programs (downloadable software); computer software, courseware and computer programs recorded on magnetic, electronic, digital or optical data carriers of all kinds; computer operating programs, recorded; information servers on computer networks; communications programs for connecting a network to another computer system; network server programs for processing relational client-server database requests from the servers clients; electronic mail and messaging programs for network servers; software for computer compilation and formatting; digitisation of text and/or still or moving images, and/or sound (whether musical or not), whether or not for interactive purposes; intermediate level software, currently referred to as "middleware", adapted to convert, distribute and route data via different transfer protocols to computer applications and computer databases; database interface software, software for indexing computer data, software for indexing databases; statistical and economic modelling software for dynamic evaluation, in real time or periodic, of the market value of computer data processed in one or more databases simultaneously; product interface software with personalisation/e-mailing/points programme tools; audio and video recordings on recorded media of all kinds such as magnetic tapes, cassettes, disks, optical disks, digital disks.

Class 35:
Advertising, sales promotion (for others); market studies, market research; opinion polling; economic forecasting; statistical information; computerised file management and database services; computerised file management relating to consumer behaviour; business enquiries by the provision and analysis of databases; systematic ordering of data in a central file; collection of data in a master file; filing and retrieval of documents in the field of advertising, sales promotion (for others) and consumer behaviour; data searches in computer files for others; dissemination of advertising matter and clasified advertisements, direct mail advertising, dissemination of advertising documents; rental of advertising space; consultancy and advisory services for business organisation and management; business consultancy; consultancy and advice relating to business strategy, marketing and merchandising; commercial or industrial business management and operational assistance and advice; business information; business research; arranging subscriptions to newspapers for others on media of all kinds, including electronic media; dissemination of advertising prospectuses; dissemination of advertising information; business advertising and information provided online on a computer network; office functions; operation of databases and databanks in the field of advertising, sales promotion (for others) and consumer behaviour; organisation of exhibitions for commercial or advertising purposes, with or without awarding of honours; organisation of competitions relating to business or sales promotion for others with or without prize giving or awards; entry, formatting, compilation and processing of data.

Class 38:
Telecommunications, namely communications by computer terminals and by computer terminals connected to cable and wireless networks; news and information agencies, radio communications, television communications, communications by telegrams, by data transmission, by telephone, by electronic means, by computers networks and by fibre optic networks; teleprinting; message sending, video recordings, computer services for the communication of specialized technical information; transmission and dissemination of information and data via telecommunications and in particular via computer and telephone networks; transmission of information contained in data banks; transmission of business and advertising data via computer terminals, via computer terminals connected to cable or wireless networks, via the Internet; information about telecommunications; electronic mail via telecommunications and in particular computer and telephone networks; transmission of information accessible by access code to telecommunications or computer networks; dissemination of information; computer-aided sending and transmission of telegrams and messages, video images and sequences by means of telecommunications and in particular computer and telephone networks; displaying information from a database stored on computer; electronic data interchange services; selection and transmission of information, sound, data and images by server centres and by computers linked to networks; leasing access time to telecommunications networks by computer; leasing access time to a computer database and data bank server.

Class 41:
Education; providing of training; entertainment; cultural activities; operating of lotteries; games offered online on a computer network; computer-aided learning, tuition and providing of training in the field of information technology and in particular for the use and management of computer networks and computer databases; education and providing of training in the field of marketing and merchandising; publishing and publication of information on media of all kinds, including on computer networks in electronic and digital format; publishing of texts, except publicity texts, illustrations, books, journals, newspapers, periodicals, magazines and publications on media of all kinds, including in electronic and digital format; publication of computerised data to be used on computer networks; organisation and conducting of exhibitions, fairs, trade fairs and events of all kinds for cultural or educational purposes, with or without awarding of honours; arranging and conducting of colloquiums, congresses, seminars, conferences and courses; rental of video tapes and motion pictures; organisation of competitions relating to education or entertainment with or without prize giving or awards; production of dynamic or animated images, production of films, of short films.

Class 42:
Computer programming, programming of databases and databanks; consultancy in using and consulting databases; building and reconstruction of computerised databanks and databases; design (creation), installation, development, maintenance and updating of computer software and in particular software for quick access to computerised databases; design (creation), installation, development, maintenance and updating of databases and databanks; information technology consultancy and in particular relating to the infrastructure of databases and databanks and the optimisation of computer processes; legal advice and consultancy; computer engineering works; professional consultancy (not related to the conducting of business); technical advice for companies in the field of computers and communications; rental of computer hardware (computers and computer peripherals) and computer software; creation, operation and management of a telecommunications network by computer; producing (designing), installation and management of computer sites (websites) on digital communications networks for others, hosting of computer sites (websites) for others on digital communications networks; downloading and reconstruction of databases; surveying, namely: data searching and data processing on computer networks, processing performed on data (filtering, standardising and structuring of databases), interfacing of databases, interfacing of products with personalisation tools, indexing of computer data and indexing of databases, dynamic evaluation of computer data; management consultancy services relating to information technology, in particular relating to databases; conversion of data and computer programs (other than physical conversion); conversion of data or documents from physical to electronic media.

In assessing the similarity of the goods concerned, all the relevant factors relating to these goods should be taken into account. These factors include, inter alia, their nature, their purpose of use and their method of use and whether they are in competition with each other or are complementary (see Judgment of the Court of Justice, Case C-39/97, Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer Inc. ('Canon') [1998] OJ OHIM 12/98, P 1419, paragraph 23).

Further factors include the purpose of the goods and services, whether or not they may be expected to be manufactured, marketed or provided by the same undertaking, or by economically linked undertakings, as well as their distribution channels and sales outlets.

Class 9

The applicant's goods in class 9 are mainly computers, computer peripherals and accessories, computer software as well as audiovisual and sound devices. These goods are either similar or identical to the goods covered by the earlier German mark, namely machine-readable data carriers of all kinds furnished with information and software, in particular digital and analog recording carriers with e.g. culture and scientific and industrial resp. technical information; programmed floppy diskettes, ROM video cassettes, compact discs and chip disks as well as sound/image and video recording carriers, in particular for the presentation e.g. of culture, sports and scientific information and industrial resp. technical information; chip cards, in so far as comprised in Class 9. The goods have the same nature of either hardware or computer software. Their purpose is to function within an Information Technology context. They are distributed through the same channels and the relevant public expects them to come from the same source. The goods also show significant similarities to the telecommunication and Information Technology services protected under the earlier German trade mark. In summary, if they are not identical they are considered similar.

Class 35

The applicant's services in class 35 cover different advertising services as well as other services, in particular business management, business administration and office functions.

The applicant's advertising services are the following: advertising, sales promotion (for others); market studies, market research; opinion polling; economic forecasting; statistical information; computerised file management and database services; computerised file management relating to consumer behaviour; business enquiries by the provision and analysis of databases; systematic ordering of data in a central file; collection of data in a master file; filing and retrieval of documents in the field of advertising, sales promotion (for others) and consumer behaviour; data searches in computer files for others; dissemination of advertising matter and classified advertisements, direct mail advertising, dissemination of advertising documents; rental of advertising space; [...] dissemination of advertising prospectuses; dissemination of advertising information; business advertising and information provided online on a computer network; [...] operation of databases and databanks in the field of advertising, sales promotion (for others) and consumer behaviour; organisation of exhibitions for commercial or advertising purposes, with or without awarding of honours; organisation of competitions relating to business or sales promotion for others with or without prize giving or awards. All these services fall under the umbrella term advertisement agency services as covered by the earlier German mark. They are therefore identical.

With regard to the applicant's services arranging subscriptions to newspapers for others on media of all kinds, including electronic media, these show similarities to the publication services covered by the earlier rights in class 41. They both relate to published material and are highly complimentary as the applicant's services target the distribution of said material. It is likely that they are provided by the same undertaking. They are therefore considered similar.

The applicant's consultancy and advisory services for business organisation and management; business consultancy; consultancy and advice relating to business strategy, marketing and merchandising; commercial or industrial business management and operational assistance and advice; business information; business research; [...] office functions; [...] entry, formatting, compilation and processing of data show similarities to the opponent's advertisement agency services as their customer circles may overlap. A further clear link exists in relation to the opponent's services marketing, market research. These services overlap insofar as they deal with information which is relevant for running a business. Overall there is a considerable degree of complementary between the applicant's services, on the one hand, and the opponent's marketing, market research and advertisement agency services, on the other hand, as a consequence of their clear general business context. These services are therefore also similar.

Class 38

The applicant's services in class 38 are identical to the telecommunication services protected under the earlier German mark.

Class 41

The applicant's services in class 41 are identical to the opponent's services in the same class.

Class 42

The services of the application comprised in class 42 are the design of computer software, several further Information Technology services as well as legal advice and consultancy.

The services of the application with the exception of legal advice and consultancy show clear links to the opponent's Information Technology goods and services. The design of computer software for example is closely linked to software, as protected under the earlier German mark. The reason is that in the field of computer science producers of software will also commonly render software-related services (as a means of keeping the system updated, for example). Furthermore, the opponent's various IT-related services in classes 38 and 42 either overlap with or are complementary to the applicant's services. Consequently they are at least similar.

The remaining services, legal advice and consultancy, however, are clearly different from the goods and services covered by the earlier rights. They differ in nature and purpose and are generally not expected to come from the same source. Therefore they have to be considered dissimilar.

b) Comparison of the signs

The signs to be compared are:

Earlier trade mark registrations
LISA

Contested CTM application
ELISA

The earlier trade marks are protected in Germany and in the European Union. Therefore, it is the impression that the signs make on the public in these territories and their meaning and pronunciation in German and in the languages spoken in the European Union which are relevant for their comparison.

Visually, LISA is totally encompassed by the sign ELISA which merely adds the letter E at the beginning. The signs at issue are word marks and consequently do not present any further elements that could differentiate them. They are therefore visually highly similar.

Aurally, the signs coincide in the pronunciation of the word LISA, independently of the language parameters of the respective speaker. The difference created by the additional single letter E in the application is insufficient to alter the finding of high aural similarity.

Conceptually, both words LISA and ELISA are very likely to be associated with the name ELISABETH by the public in much of the relevant territory, in particular in Germany. Therefore, they are conceptually similar.

It follows from the above that the signs are overall highly similar.

c) Global assessment

According to the case-law of the Court of Justice, in determining the existence of likelihood of confusion, trade marks have to be compared by making an overall assessment of the visual, phonetic and conceptual similarities between the marks. The comparison "must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components" (see Judgment of the Court of Justice, Case C-251/95, Sabèl BV v Puma AG, Rudolf Dassler Sport ('Sabèl') [1997] OJ OHIM 1/98, p. 91, paragraph 22 et seq.)

Likelihood of confusion must be assessed globally, taking into account all the circumstances of the case. Likelihood of confusion implies some interdependence between the relevant factors, and in particular a similarity between the trade marks and between the goods or services. Accordingly, a lesser degree of similarity between the goods or services may be offset by a greater degree of similarity between the marks, and vice versa. Furthermore, the more distinctive the earlier mark, the greater the risk of confusion. Marks with a highly distinctive character, either per se or because of the reputation they possess on the market, enjoy broader protection than marks with a less distinctive character (see Judgment of the European Court of Justice, Case C-39/97 Canon Kabushiki Kaisha v Metro Goldwyn Mayer Inc. ('Canon') [1998], OJ OHIM, No 12/98, p. 1419, paragraph 17 et seq.).

For the purposes of that global appreciation, the average consumer of the category of products concerned is deemed to be reasonably well-informed and reasonably observant and circumspect. However, account should be taken of the fact that the average consumer only rarely has the chance to make a direct comparison between the different marks but must place his trust in the imperfect picture of them that he has kept in his mind. It should also be borne in mind that the average consumer's level of attention is likely to vary according to the category of goods or services in question (see Judgment of the Court of Justice Case C-342/97, Lloyd Schuhfabrik Meyer & Co. GmbH v Klijsen Handel BV ('Lloyd'), OJ OHIM No 12/1999, p. 1585, paragraph 26).

The goods and services of the application have been found to be partially identical and partially similar to the goods and services of the earlier mark. This does not apply to the applicant's services legal advice and consultancy, in class 42, which have been found dissimilar to the goods and services protected by the earlier mark.

As to the distinctive character of the earlier mark, the opponent claims that the earlier marks enjoy reputation in Germany for periodicals. In this regard, it is noted that in inter partes proceedings the Office is restricted in its examination to the facts, evidence and arguments provided by the parties. It follows that, in assessing the distinctive character of the earlier rights, the Office may not take into account facts known to it as a result of its own private knowledge of the market, or conduct an ex-officio investigation, but should exclusively base its findings on the information and evidence submitted by the opponent. As the opponent did not submit any evidence regarding the reputation of the earlier marks, the assessment of the distinctiveness must rest on their distinctiveness per se of the sign which must be seen as normal in the present case.

Against this background, with regard to the identical and similar goods and services, the Office concludes that there is a likelihood of confusion given the high degree of similarity of the marks in dispute in Germany and the European Union.

2. Taking unfair advantage of/being detrimental to the distinctive character or the repute

According to Article 8(5) CTMR, upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered where it is identical with or similar to the earlier trade mark and is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered, where the trade mark has a reputation in the Community and where the use without due cause of the trade mark applied for would take unfair advantage of or be detrimental to, the distinctive character or the repute of the earlier trade mark. The following requirements must be satisfied in accordance with Article 8(5) CTMR:

• the earlier registered mark must enjoy a reputation in the relevant territory;

• the CTM application must be identical with, or similar to, the earlier mark;

• the use of the sign applied for must be capable of taking an unfair advantage of, or being detrimental to, the repute or the distinctiveness of the earlier mark;

• such use must be without due cause.

According to the case-law of the Court of Justice of the European Communities the earlier mark enjoys sufficient reputation if it is recognised by a significant part of the public concerned by the products or services covered by that trade mark, in the territory in which it is registered or in a substantial part of it. In examining whether this condition is fulfilled, all the relevant factors of the case must be considered and in particular, the market share held by the trade mark, the intensity, geographical extent and duration of its use and the size of investment made by the undertaking in promoting it (see Judgment of the Court of Justice in Case C-375/97, General Motors v Yplon SA, [1999], OJ OHIM 11/99, p. 1481-1483, paragraphs 24, 26 et seq.).

The opponent did not submit any material to show the claimed reputation the earlier marks possess in relation to periodicals in Germany. It consequently failed to prove reputation within the meaning of Article 8(5) CTMR.

As the above criteria are cumulative and no reputation has been proven, this opposition must fail insofar as it is based on Article 8(5) CTMR. In the interest of economy of proceedings, the further criteria will therefore not be examined in these proceedings.

It follows from the above that the application must be rejected for the goods and services found to be identical or similar to those of the earlier trade mark. The opposition is not successful insofar as the remaining services of the application, namely legal advice and consultancy in class 42, are concerned.

III. COSTS

According to Article 81(1) CTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 81(2) CTMR, 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 OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET

(TRADE MARKS AND DESIGNS)

DECIDES TO:

1. Uphold opposition number B 1 033 663 for part of the contested goods and services, namely all the goods and services applied for in classes 9, 35, 38 and 41 as well as the following services in class 42:

   Computer programming, programming of databases and databanks; consultancy in using and consulting databases; building and reconstruction of computerised databanks and databases; design (creation), installation, development, maintenance and updating of computer software and in particular software for quick access to computerised databases; design (creation), installation, development, maintenance and updating of databases and databanks; information technology consultancy and in particular relating to the infrastructure of databases and databanks and the optimisation of computer processes; computer engineering works; professional consultancy (not related to the conducting of business); technical advice for companies in the field of computers and communications; rental of computer hardware (computers and computer peripherals) and computer software; creation, operation and management of a telecommunications network by computer; producing (designing), installation and management of computer sites (websites) on digital communications networks for others, hosting of computer sites (websites) for others on digital communications networks; downloading and reconstruction of databases; surveying, namely: data searching and data processing on computer networks, processing performed on data (filtering, standardising and structuring of databases), interfacing of databases, interfacing of products with personalisation tools, indexing of computer data and indexing of databases, dynamic evaluation of computer data; management consultancy services relating to information technology, in particular relating to databases; conversion of data and computer programs (other than physical conversion); conversion of data or documents from physical to electronic media.

2. Reject application number 4 538 245 for all the above goods and services. It may proceed for the remaining services of the application, namely legal advice and consultancy in class 42.

3. Order each party to bear their own costs.

The Opposition Division

Peter QUAY
Martin LENZ
Normunds LAMSTERS

Under Article 58 CTMR any party adversely affected by this decision has a right to appeal against this decision. Under Article 59 CTMR notice of appeal must be filed in writing at the Office within two months from the date of notification of this decision and within four months from the same date a written statement of the grounds of appeal must be filed. The notice of appeal will be deemed to be filed only when the appeal fee of 800 euro has been paid.

Rechtsgebiete