The trademark so free was filed by Dirk Rossmann GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 6, 2019, and received one opposition filed on December 26, 2019 by FREE on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Coursin, Yves and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 26, 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:
Toiletries
Body cleaning and beauty care preparations
Deodorants and antiperspirants
Essential oils and aromatic extracts
Soaps and gels
Make-up preparations
Hair preparations and treatments
Greases for cosmetic purposes
Cosmetics
Oils for cosmetic purposes
Massage oils
Tissues impregnated with cosmetic lotions
Cuticle conditioners
Oils for toilet purposes
Cleaner for cosmetic brushes
Cotton wool for cosmetic purposes
Organic cosmetics
Cosmetics
Perfumery and fragrances
Bath preparations
Skin care preparations
Skin cleansing foams
Cosmetic creams and lotions
Beauty lotions
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Make-up preparations
Beauty serums
Body mist
Hair removal and shaving preparations
Body and facial butters
Body and facial oils
Hair and body wash
Hair preparations and treatments
Body cleansing foams
Essential oils
Scented oils
Aromatic oils
Floral water
Blended essential oils
Coconut oil for cosmetic purposes
Tea-tree oil
Color-removing preparations
Stain removing preparations
Liquid soap for dish washing
Dishwasher tablets
Dishwashing detergents
Glass cleaning preparations
Shining preparations [polish]
Cleaning chalk
Detergents for household use
Oils for cleaning purposes
Scented fabric refresher sprays
Furbishing preparations
Fragrances for automobiles
Liquid dishwasher detergents
Wipes incorporating cleaning preparations
Eyeglass wipes impregnated with a detergent
Cleaning preparations impregnated into pads
Cleansers for household purposes
Air fragrance reed diffusers
Household fragrances
Scrubbing powder
Soaps
Soaps in gel form
Soaps for body care
Cleansers for intimate personal hygiene purposes, non medicated
Vaginal washes for personal sanitary or deodorant purposes
Non-medicated douches
Cosmetic preparations for dry skin during pregnancy
Impregnated cloths for cosmetic use
Shampoo
Hand creams
Hand soaps
Hand lotions
Cleaning agents for the hands
Hand masks for skin care.
The mark was filed in class 5 with following description of goods:
Tampons
Hygienic preparations and articles
Dietary supplements and dietetic preparations
Pantyliners
Panty liners
Menstruation bandages
Sanitary wear
Menstruation bandages
Douching preparations for medical purposes
Tissues impregnated with antibacterial preparations
Tissues impregnated with pharmaceutical lotions
Disinfectants impregnated into tissues
In vitro preparations for predicting ovulation
Pregnancy (Chemical preparations for the diagnosis of -)
Pharmaceutical products and preparations for hydrating the skin during pregnancy
Pregnancy testing preparations
Pregnancy testing preparations for home use
Plasters, materials for dressings
Heating patches for medical purposes
Disinfectants
Disinfectants and antiseptics
Sanitizing wipes
Cleaning cloths impregnated with disinfectant for hygiene purposes
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Product demonstrations and product display services
Arranging contracts, for others, for the selling of goods and the providing of services
Commercial services and consumer information, namely auctioneering, rental of automatic vending machines, brokerage, organising business contacts, collective buying, commercial evaluation, preparation of competitions, agency business, import and export services, negotiation and brokerage, ordering, price comparison, procurement services, for others, subscription services
Business assistance, management and administrative services
Business analysis, research and information services
Retailing and wholesaling in relation to body and beauty care preparations, cosmetics, soap, cleaning and fragrancing preparations, toiletries (body care), sanitary preparations and articles, medical and veterinary apparatus and instruments, and textile and textile substitutes
All the aforesaid services only in connection with toiletries, body cleaning and beauty care preparations and sanitary articles.