45      As the Advocate General observed in point 56 of his Opinion, however — following the approach adopted in the IP Translator judgment — the line of authority derived from the Praktiker Bau judgment concerns only applications for registration as EU trade marks and does not concern the scope of the protection of trade marks registered at the date of that judgment’s delivery. This means that once users reach the product indication stage of their efiling application, they can now browse and select terms from DesignClass 27      By its first ground of appeal, EUIPO criticises the General Court for having infringed Article 28 of Regulation No 207/2009, read in conjunction with Rule 2 of Regulation No 2868/95, in adopting an erroneous interpretation of the judgments of 19 June 2012, Chartered Institute of Patent Attorneys (C‑307/10, ‘the judgment in IP Translator’, EU:C:2012:361), and of 7 July 2005, Praktiker Bau- und Heimwerkermärkte (C‑418/02, ‘the judgment in Praktiker Bau’, EU:C:2005:425). 26      In support of its appeal, EUIPO raises two grounds of appeal based, respectively, on an infringement of Article 28 of Regulation No 207/2009, read in conjunction with Rule 2 of Regulation No 2868/95, and an infringement of Article 42(2) of Regulation No 207/2009, read in conjunction with point (a) of the second subparagraph of Article 15(1) of that regulation. EUIPO is the European Union Intellectual Property Office responsible for managing the EU trade mark and the registered Community design. Classes 1 to 34 classify goods and classes 35 to 45 classify services. 016724262.The trademark was successfully registered on August 31, 2017.. EUIPO thus considers that the General Court erred in finding that the earlier marks were protected in respect of retail services. 37      As regards, in the first place, the scope of the judgment in IP Translator, it should be recalled that, in paragraph 61 of that judgment, the Court held that, in order to comply with the requirements of clarity and precision, an applicant for a trade mark who uses all of the general indications of a particular class heading of the Nice Classification to identify the goods or services for which protection of the trade mark is sought must specify whether his application for registration is intended to cover all the goods or services included in the alphabetical list of the particular class concerned or only some of those goods or services. Point V of that communication states: ‘As regards [EU] trade marks registered before the entry into force of the present Communication which use all the general indications listed in the class heading of a particular class, [EUIPO] considers that the intention of the applicant, in view of the contents of the previous Communication No 4/03, was to cover all the goods or services included in the alphabetical list of that class in the edition in force at the time when the filing was made.’. Trademark holder Burcea, Ileana-Mihaela was represented by KINANIS LLC (EUIPO registered representative, ID no. The tender is divided into two lots. As a consequence of this the use of all the general indications listed in the class heading of a particular class constitutes a claim to all the goods or services falling within this particular class.’. The General Court thus has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. Your solution to "hard" BREXIT scenario only for 250 EUR. Press. According to EUIPO, it is apparent from paragraphs 57 to 64 of that judgment that the general indications of a particular class may cover only the goods or services included in the alphabetical list of that class, provided two cumulative conditions are fulfilled: the individual terms making up the class heading must be sufficiently ‘clear and precise’, and the application must reflect the applicant’s intention to cover all … Our staff are drawn from the Member States of the European Union (EU) of the European Union (EU) and partners throughout the international community. Malaysia, PH E-mail: CooperationFund@euipo… the EUIPO is certified ISO 27001; a EUIPO username and password are required in order to access the EUIPO systems and databases; authentication and authorisation are based on roles; authentication and authorisation are carried out at server level, no anonymous access is allowed; server is physically protected at the Data Processing Centre; Public procurement. EUIPO, the European Union Intellectual Property Office, is the biggest Intellectual and industrial Property agency in the European Union and its headquarters is in Alicante.Its purpose is to manage trademarks, Community designs and intangible assets of great value for companies. 17      The Opposition Division considered, inter alia, that, following Ms Del Rio Rodríguez’s request that Cactus prove that the earlier marks had been put to genuine use, the evidence submitted by the applicant showed genuine use of the earlier word mark for the goods in Class 31 of the Nice Agreement, and for ‘retailing of natural plants and flowers, grains; fresh fruits and vegetables’ services in Class 35 of that agreement. 16      By decision of 2 August 2011, the Opposition Division upheld the opposition for ‘seeds, natural plants and flowers’ in Class 31 of the Nice Agreement and ‘gardening, plant nurseries, horticulture’ in Class 44 of that agreement, which are covered by the earlier word mark. Nice class description 2. Transparency Portal. We also work with the IP offices of the EU Member States and international partners to offer a similar registration experience for trade marks and designs across Europe and the world. The list of goods and services shall be worded in such a way as to indicate clearly the nature of the goods and services and to allow each item to be classified in only one class of the Nice Classification. Chráňte svoje duševné vlastníctvo v Európskej únii. For full functionality of this site it is mandatory to enable JavaScript.Here are the  and refresh this page to continue using ASEAN TMClass. The Court thus inferred, in paragraph 31 of the judgment in Brandconcern, that it therefore could not be considered that the Court, by the IP Translator judgment, had sought to question the validity of the approach set out in Communication No 4/03 as regards trade marks registered before the delivery of that latter judgment. That erroneous interpretation led it to consider, in paragraphs 36 and 37 of the judgment under appeal, that the use of all the general indications of the class heading in Class 35 of the Nice Agreement extends the protection of the earlier trade marks to all the services included in that class, including services consisting in retailing goods. 28      EUIPO recalls that Communication No 4/03 had initially authorised the use of the general indications composing the class headings of the Nice Agreement. EUIPO. In particular, it found that the Opposition Division had erred in considering that Cactus had adduced proof of genuine use of the earlier trade marks in respect of ‘retailing of natural plants and flowers, grains; fresh fruits and vegetables’ services in Class 35 of the Nice Agreement. That judgment did not concern the distinction between, on the one hand, the goods or services appearing in the alphabetical list of a class of the Nice Agreement and, on the other hand, overall and more broadly, goods or services covered by the heading of that class. The EUIPO is committed to supporting its users during the COVID-19 pandemic, both here in the EU and around the world. Consequently, the General Court annulled the decision at issue to the extent that it, first, rejected the opposition on the ground that ‘retailing of natural plants and flowers, grains; fresh fruits and vegetables’ services in Class 35 of the Nice Agreement was not covered by the earlier trade marks and, second, rejected the opposition based on ‘natural plants and flowers, grains’ in Class 31 of that agreement; it dismissed the action as to the remainder. 1        By its appeal, the European Union Intellectual Property Office (EUIPO) asks the Court of Justice to set aside the judgment of the General Court of the European Union of 15 July 2015, Cactus v OHIM — Del Rio Rodríguez (CACTUS OF PEACE CACTUS DE LA PAZ) (T‑24/13, not published, ‘the judgment under appeal’, EU:T:2015:494), by which the General Court annulled in part the decision of the Second Board of Appeal of EUIPO of 19 October 2012 (Case R 2005/2011-2) relating to opposition proceedings between Cactus SA and Ms Isabel Del Rio Rodríguez (‘the decision at issue’). 48      Thus, it is apparent from examining the judgments in IP Translator — as interpreted by the Court in the Brandconcern judgment — and Praktiker Bau that the scope of the protection of a trade mark registered before the delivery of those judgments, such as Cactus’ word mark, registered on 18 October 2002, and Cactus’ figurative mark, registered on 6 April 2001, cannot be affected by the authority derived from those judgments in so far as they concern only new applications for registration as EU trade marks. The Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks is composed of 45 classes of goods and services. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; Unprocessed artificial resins, unprocessed plastics; Manures; Fire extinguishing compositions; Tempering and soldering preparations; Chemical substances for preserving foodstuffs; Tanning substances; Adhesives used in industry, Paints, varnishes, lacquers; Preservatives against rust and against deterioration of wood; Colorants; Mordants; Raw natural resins; Metals in foil and powder form for painters, decorators, printers and artists, Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations; Soaps; Perfumery, essential oils, cosmetics, hair lotions; Dentifrices, Industrial oils and greases; Lubricants; Dust absorbing, wetting and binding compositions; Fuels (including motor spirit) and illuminants; Candles and wicks for lighting, Pharmaceutical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for humans and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides, Common metals and their alloys; Metal building materials; Transportable buildings of metal; Materials of metal for railway tracks; Non-electric cables and wires of common metal; Ironmongery, small items of metal hardware; Pipes and tubes of metal; Safes; Goods of common metal not included in other classes; Ores, Machines and machine tools; Motors and engines (except for land vehicles); Machine coupling and transmission components (except for land vehicles); Agricultural implements other than hand-operated; Incubators for eggs; Automatic vending machines, Hand tools and implements (hand-operated); Cutlery; Side arms; Razors, Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; Apparatus for recording, transmission or reproduction of sound or images; Magnetic data carriers, recording discs; Compact discs, DVDs and other digital recording media; Mechanisms for coin-operated apparatus; Cash registers, calculating machines, data processing equipment, computers; Computer software; Fire-extinguishing apparatus, Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; Orthopedic articles; Suture materials, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, Vehicles; Apparatus for locomotion by land, air or water, Firearms; Ammunition and projectiles; Explosives; Fireworks, Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; Jewellery, precious stones; Horological and chronometric instruments, Paper, cardboard and goods made from these materials, not included in other classes; Printed matter; Bookbinding material; Photographs; Stationery; Adhesives for stationery or household purposes; Artists' materials; Paint brushes; Typewriters and office requisites (except furniture); Instructional and teaching material (except apparatus); Plastic materials for packaging (not included in other classes); Printers' type; Printing blocks, Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; Plastics in extruded form for use in manufacture; Packing, stopping and insulating materials; Flexible pipes, not of metal, Leather and imitations of leather, and goods made of these materials and not included in other classes; Animal skins, hides; Trunks and travelling bags; Umbrellas and parasols; Walking sticks; Whips, harness and saddlery, Building materials (non-metallic); Non-metallic rigid pipes for building; Asphalt, pitch and bitumen; Non-metallic transportable buildings; Monuments, not of metal, Furniture, mirrors, picture frames; Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics, Household or kitchen utensils and containers; Combs and sponges; Brushes (except paintbrushes); Brush-making materials; Articles for cleaning purposes; Steelwool; Unworked or semi-worked glass (except glass used in building); Glassware, porcelain and earthenware not included in other classes, Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); Padding and stuffing materials (except of rubber or plastics); Raw fibrous textile materials, Textiles and textile goods, not included in other classes; Bed covers; Table covers, Lace and embroidery, ribbons and braid; Buttons, hooks and eyes, pins and needles; Artificial flowers, Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings (non-textile), Games and playthings; Gymnastic and sporting articles not included in other classes; Decorations for Christmas trees, Meat, fish, poultry and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk and milk products; Edible oils and fats, Coffee, tea, cocoa and artificial coffee; Rice; Tapioca and sago; Flour and preparations made from cereals; Bread, pastry and confectionery; Edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt; Mustard; Vinegar, sauces (condiments); Spices; Ice, Grains and agricultural, horticultural and forestry products not included in other classes; Live animals; Fresh fruits and vegetables; Seeds; Natural plants and flowers; Foodstuffs for animals; Malt, Beers; Mineral and aerated waters and other non-alcoholic beverages; Fruit beverages and fruit juices; Syrups and other preparations for making beverages, Advertising; Business management; Business administration; Office functions, Insurance; Financial affairs; Monetary affairs; Real estate affairs, Building construction; Repair; Installation services, Transport; Packaging and storage of goods; Travel arrangement, Education; Providing of training; Entertainment; Sporting and cultural activities, Scientific and technological services and research and design relating thereto; Industrial analysis and research services; Design and development of computer hardware and software, Services for providing food and drink; Temporary accommodation, Medical services; Veterinary services; Hygienic and beauty care for human beings or animals; Agriculture, horticulture and forestry services, Legal services; Security services for the protection of property and individuals; Personal and social services rendered by others to meet the needs of individuals.

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