The trademark Bates was filed by Uwe Ehinger, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 20, 2019, and received one opposition filed on November 20, 2019 by Hammersmith Nominees Pty Ltd on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 20, 2019
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Soaps
Perfumery
Essential oils
Cosmetics
Hair lotion
Shampoo, Shaving foam
Decorative cosmetics, skin, eye and nail care preparations, skin, eye, eyebrow, lip, nail and hair beautification preparations, eye make-up, lip cosmetics, preparations for application to the lips (other than for medical purposes), nail cosmetics, false nails for cosmetic purposes, hair care preparations, hair preparations and hair treatments, hair dyeing preparations, hair bleaching preparations.
The mark was filed in class 14 with following description of goods:
Precious metals and alloys thereof
Jewellery, precious stones and semi-precious stones
Horological and chronometric instruments
None of the aforementioned goods being for use in connection with horses, horse riding, horse riding saddles or saddlery.
The mark was filed in class 16 with Periodicals (magazines), books, calendars, none of the aforementioned goods in connection with horses, horse riding, horse riding saddles or saddlery.
The mark was filed in class 18 with following description of goods:
None of the aforementioned goods being for use in connection with horses, horse riding, horse riding saddles or saddlery.
The mark was filed in class 25 with Clothing, headwear, leisurewear, outerwear, clothing of leather, knitwear, clothing of leather for motorcyclists, motorcycle jackets, motorcycling suits, motorcycle gloves, underwear, nightwear, swimwear, bath robes, belts, belts of leather, neck scarves (mufflers), headscarves, scarves, gloves, neckties, caps (headwear), hats, socks, stockings and none of the aforementioned goods being for use in connection with horses, horse riding, horse riding saddles or saddlery..
The mark was filed in class 32 with following description of goods:
Beers
Mineral and aerated waters and other non-alcoholic beverages
Fruit beverages and fruit juices
Syrups and other preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages (except beer).
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing, including in the form of an online shop, in relation to soaps, Perfumery, Essential oils, Cosmetics, Hair lotions, Shampoos, Cosmetic shaving lotions, Decorative cosmetics
Wholesaling and retailing, including in the form of an online shop, in relation to skin, Eye and nail care preparations, Skin, Eyes, Eyebrow, Lips, Nail and hair beautification preparations, Eye make-up, lip cosmetics, Products for application to the lips, Nail cosmetics
Wholesaling and retailing, including in the form of an online shop, in relation to false nails for cosmetic purposes, preparations for the care, Hair preparations and hair treatments, Hair dyeing preparations, Hair bleaching preparations, Leather and imitations of leather, Trunks and travelling bags, casual bags, sling bags, Travelling bags, Handbags, Bumbags
Wholesaling and retailing, including in the form of an online shop, in relation to not for packaging purposes, Satchels, Valises, Garment bags for travel, key cases of leather, Rucksacks, Rucksacks, Toiletry begs, Sold empty, Carry-on bags
Wholesaling and retailing, including in the form of an online shop, in relation to beach bags, Umbrellas, Clothing, Headgear, leisure wear, outerwear, Leather clothes, Knitwear, Clothing of leather for motorcycle riders, Motorcycling jackets
Wholesaling and retailing, including in the form of an online shop, in relation to motorcycling suits, Gloves for motorcyclists, underclothes, sleepwear, swim wear, Bath robes, Belts, leather belts, Scarves, headscarves
Wholesaling and retailing, including in the form of an online shop, in relation to scarves, Gloves, Neckties, Peaked caps, Caps, Hats, Socks, Stockings
None of the aforementioned services being for use in connection with horses, horse riding, horse riding saddles or saddlery.