The trademark ONE DOLLAR X CLUB was filed by AppConceptionONE GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 24, 2020, and received one opposition filed on February 24, 2021 by Dollar Shave Club, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Abion Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 24, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on March 8, 2021. Change of name and address of the trademark registration was recorded on March 29, 2021. Partial Surrender of the trademark registration was recorded on September 5, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Animal grooming preparations
Essential oils and aromatic extracts
Body sprays
Body lotions
Body cream
Body oils [for cosmetic use]
Massage oils
Massage gels
Massage creams
Stones for body and beauty care, in particular for massage
Bath salts
Bath foam
Eyeliner
Rouges
Perfumery
Perfumes
Toilet water
Body mists
Perfumery containing pheromones
Household fragrances
Room scenting sprays
Air fragrance reed diffusers
Scented linen sprays
Sachets for perfuming linen
Fragranced sachets
Scented sachets
Pomanders [aromatic substances]
Scented sachets
Potpourris [fragrances]
Scented oils
Scented beads
Fumigation preparations [perfumes]
Joss sticks
Massage candles for cosmetic purposes
Massage candles.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Air deodorising and air purifying preparations
Pharmaceutical preparations and preparations and chemicals for sanitary purposes, Especially Aphrodisiacs, lubricants oils, lubricants creams, Contraceptives being creams and suppositories, Massage oils, Orgasm creams
Preparations for facilitating sexual coupling
Personal sexual lubricants
Sexual stimulant gels
Sexual stimulant gels
Preparations for promoting sex drive
Preparations for increasing sexual activity
Potency boosters
Agents to boost potency
Herbal male enhancement capsules
Gels for use as personal lubricant
Topical preparations, Namely, gels for enhancing sexual arousal. enjoyment and response
Deodorants for textiles
Deodorants for clothing.
The mark was filed in class 9 with following description of goods:
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Magnets, magnetizers and demagnetizers
Scientific and laboratory devices for treatment using electricity
Apparatus, instruments and cables for electricity
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting, monitoring and controlling devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Downloadable software in the nature of a mobile application for internet-based dating and matchmaking
Social software
Software for smartphones
Computer software for mobile terminals
Video films
Downloadable software in the nature of a mobile application in the field of social media, namely, for sending status updates to subscribers of web feeds, uploading and downloading electronic files to share with others
Community software
Mobile apps.
The mark was filed in class 10 with following description of goods:
Physical therapy equipment
Medical and veterinary apparatus and instruments
Prosthetics and artificial implants
Sex aids
Clothing, headgear and footwear, braces and supports, for medical purposes
Mobility aids
Love dolls [sex dolls]
Sex toys
Sexual activity articles
Sexual activity apparatus
Sexual activity devices
Vibrators, being adult sexual aids
Benwa balls, being adult sexual aids
Penis enlargers, being adult sexual aids
Erotic articles for direct application to the body (included in class 10), in particular massage apparatus, vibrators, functioning representations of human body parts and sex organs
Erection and orgasm-enhancing devices, in particular love balls, penis rings
Artificial vaginas, being adult sexual aids
Artificial penises, being adult sexual aids
Adult sexual aids
Sexual activity apparatus, devices and articles
Anal plugs
Condoms.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins, hides
Luggage and carrying bags
Bags made of imitation leather
Bags made of leather
Bags for sports clothing
Small leather goods, Namely travelling sets (goods of leather), Leather wallets, Leather credit card wallets, Credit card holders made of leather, Credit-card holders, Key cases made of leather, Card holders made of leather, Luggage tags [leatherware]
Bags, suitcases, Vanity cases, not fitted
Travelling sets
Umbrellas, parasols, walking sticks
Whips, leather straps and girths of leather
None of the aforesaid goods relating to the following goods: Toiletry bags and Shaving bags.
The mark was filed in class 25 with Apparel, footwear, headgear.
The mark was filed in class 28 with following description of goods:
Toys, games, and playthings
Playthings, including accessories for erotic games for couples
Gymnastic and sporting articles not included in other classes
Electronic games (including video games)
Playing cards.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Retail services in relation to the following goods: Animal care products, Essential oils and aromatic extracts, Massage oils, massage gels, massage creams, Stones for body and beauty care, in particular for massage
Retail services in relation to the following goods: Bath crystals, Eyeliner, blush, Retail services in relation to the following goods: Perfumery, Perfumes, Eaux de toilette, Body mists, perfumery containing pheromones
Retail services in relation to the following goods: Sanitary preparations and/or articles, Dietetic preparations and nutritional supplements, Air deodorising and purification apparatus, Pharmaceutical preparations and chemical preparations for health care, In particular aphrodisiacs, Lubricating oils, Lubricating creams, Contraceptives being creams and suppositories, Massage oils, Orgasm creams, Preparations for facilitating sexual coupling, personal sexual lubricants, Sexual stimulation gels, Sexual stimulant gels
Retail services in relation to the following goods: Preparations for promoting the sex drive, preparations for increasing sexual activity, potency boosters, Agents to boost potency, Herbal capsules for increasing male potency, for personal use, Gels for use as personal lubricant, topical preparations, namely, gels for enhancing sexual arousal, enjoyment and response, Deodorants for textiles, Deodorants for clothing
Retail services in relation to the following goods: Recorded data, Information technology, audiovisual, multimedia and photographic apparatus, Magnets, Magnetising and demagnetising apparatus, Scientific apparatus and laboratory apparatus for triggering physical reactions using electricity, Apparatus, instruments and cables for electricity, Optical equipment and apparatus, Amplifiers and emphasisers, Security, safety, protective and signalling apparatus and equipment
Retail services in relation to the following goods: Navigation, orientation, location tracking, tracking and map making devices, measuring, detecting, monitoring and inspection devices, apparatus for scientific research and for laboratories, Teaching apparatus and simulators, Downloadable software in the form of a mobile application for internet-based dating and matchmaking, social software, software for smartphones, Computer software for mobile terminals
Retail services in relation to the following goods: video films, Downloadable software in the form of a mobile application in the field of social media, namely for sending status updates to subscribers of web feeds, uploading and downloading electronic files to share with others, software for virtual social networks, Mobile apps
Retail services in relation to the following goods: Physical therapy equipment, Medical and veterinary apparatus and instruments, Artificial limbs and artificial implants, Sexual aids, Clothing, headwear and footwear and braces and supports for medical use, Mobility appliances, love dolls [sex dolls], love toys, sexual activity articles, sexual activity apparatus, Sexual activity apparatus, vibrators, being adult sexual aids
Retail services in relation to the following goods: Love balls being adult sexual aids, Penis enlarging apparatus being adult sexual aids, Erotic articles for direct use on the body, In particular massage apparatus, Vibrators, Functional reproductions of human body parts and sex organs, Erection- and orgasm-enhancing devices, For example, Love bullets, Penile rings
Retail services in relation to the following goods: artificial vaginas, being adult sexual aids, artificial penises, being adult sexual aids, Adult sexual stimulation articles, Sexual activity apparatus, devices and articles, Butt plugs, Condoms
Retail services in relation to sex aids
Retail services in relation to the following goods: leather and imitation leather, Animal skins, hide, luggage and carrying bags, Bags made of imitation leather, Bags of leather, Holdalls for sports clothing, Small leather goods, Namely purses of leather, Leather credit card cases, Credit card pouches of leather, Credit card holders, key cases of leather, Card holders of leather and Luggage tags (leatherware), Bags, Suit cases, vanity cases, travelling sets, Umbrellas and parasols, walking sticks, Whips, leather thongs and straps
Retail services related to apparel, footwear and headgear
Retail services in relation to the following goods: Toys, games and playthings, Playthings, including accessories for erotic games for couples, Gymnastic and sporting articles not included in other classes, Electronic games, including the following goods: Video games, Playing cards
Wholesale services in relation to toiletries
Wholesale services in relation to hygienic preparations and articles
Wholesale services in relation to recorded content
Wholesale services in relation to physical therapy equipment
Wholesale services in relation to leather and imitations of leather
Wholesale services in relation to the following goods: Clothing, Shoes and headgear
Wholesaling relating to toys, games and playthings
Providing marketing consulting in the field of social media
Marketing advice
Providing business information in the field of social media
Business management and organization consultancy
Professional business consultancy
Marketing agency services
Consultancy services regarding business strategies
Brand positioning services
Consulting services in the field of Internet marketing
Development of marketing strategies and concepts
Business consultation and management regarding marketing activities
Business advice relating to strategic marketing
Negotiation and settlement of business transactions for others
Arranging of contracts of all kinds relating to the acquisition and sale of goods
Arranging of contracts of all kinds, in particular for services
Arranging of contracts via the internet relating to the acquisition and sale of goods.
The mark was filed in class 36 with Arranging of rental contracts, leasing contracts.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Broadcasting services
Telephone and mobile telephone services
Computer communication and Internet access
Provision and rental of telecommunications facilities and equipment
Videocasting
Electronic transmission of entertainment being audio streams, video streams and/or data streams via a global communications network
Telecommunication services provided via Internet platforms and portals
Transmission of messages, images, music and films via the internet
Transmission of information, Transmission and mediation for data, speech and video signals, including the aforesaid services for transmission via the internet
Telephone services
Internet provider services (included in class 38)
Internet-related services, Namely providing access to information, Providing internet chatrooms
Providing access to portals on the Internet
Operating chat lines, chatrooms and/or Internet forums
Telecommunication services
Video-on-demand transmission services
Communication of images
Transmission of voice, data and images
Chat services
Transmission of electronic mail
Providing online chat rooms and electronic bulletin boards for transmissions of messages
Streaming and live streaming of audio and video content
Rental of access time to a computer database by the means of the Internet, cable networks or other means of data
Live transmissions accessible via home pages on the internet [webcam]
Providing access to a website featuring technology in the field of social media, namely a website allowing users to send status updates to web feed subscribers, to upload and download electronic files for shared use with other users
Providing of access to a website or a mobile app featuring technology in the field of social media, namely a website that allows users to send status updates to subscribers of web feeds, to upload and download electronic files for sharing with other users.
The mark was filed in class 41 with following description of goods:
Publishing, reporting, and writing of texts
Education, entertainment and sport services
Ticket reservation and booking services for education, entertainment and sports activities and events
Audio, video and multimedia production, and photography
Party planning
Providing a website featuring video, photographs, images, audio, and text
Providing on-line interactive computer databases in the field of entertainment, including digital images, audio, video and other multimedia content
On-line publications relating to entertainment
Entertainment services in the nature of webcam television programmes
Entertainment in the form of pre-recorded sex-oriented messages by telephone and video chats
Videotape production
Video production services
Production of musical recordings
Videotape production
Recording of music
Party planning [entertainment]
Organisation of parties
Organisation of parties
Planning and conducting of parties [entertainment]
Party planning consultation
Disc jockeys for parties and special events.
The mark was filed in class 42 with following description of goods:
IT services
Science and technology services
Testing, authentication and quality control
Design services
Software development, programming and implementation
Providing platforms on the Internet
Hosting services, software as a service, and rental of software
Data duplication and conversion services, data coding services
Development of webcam and video technologies
Software engineering, Namely the design and development of software for data exchange for communications via text, image and sound transmission via digital media, the internet or other networks
Services of an internet platform provider, namely the development and providing of internet platforms, providing visual platforms for visitors using webcam and video technologies, providing internet forums on the internet, installing webpages on the internet, creating homepages for the internet, creating, planning and design of internet homepages, design of internet pages
Building, providing, operation and maintenance of networks, technical consultancy and web design
Computing services for the providing and operation of a database
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Design, creation, hosting and maintenance of internet sites
Design, creation, mainteance and hosting of websites
Hosting computer sites
Hosting of digital content on the Internet.
The mark was filed in class 45 with following description of goods:
Personal and social services for use in online social networking, Consulting in the field of personal relationships, Social escort agency services, Marriage agency services, Planning and arranging of wedding ceremonies, Spiritual consultancy
Astrological and spiritual services
Dating agency services
Matchmaking services
Internet based matchmaking services
Internet-based services for making social contacts and Acquaintances, Meetings and appointments via the internet
Video dating services
Computer dating services
Dating services provided through social networking
Internet dating services
Agency services for arranging personal introductions.