The trademark MAR was filed by Yakup Batu, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 29, 2020, and received one opposition filed on February 28, 2021 by DESPOMAR - COMERCIALIZAÇÃO DE ARTIGOS DESPORTIVOS, S.A. on Likelihood of confusion. the opponent was represented by RCF - PROTECTING INNOVATION, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 28, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003141795 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on May 24, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Scented body spray
Perfumed soaps
Cleaning and fragrancing preparations
Perfumed body lotions [toilet preparations]
Perfumes
Perfumery
Toiletries
Perfumery, essential oils
Scented body lotions
Oils for perfumes and scents
Liquid perfumes
Eau de parfum
Solid perfumes
Scented soaps
Perfumed tissues
Deodorants for personal use [perfumery]
Scented body creams
Scented body lotions and creams
Perfumed creams.
The mark was filed in class 9 with following description of goods:
Knee-pads for workers
Gloves for industrial purposes for protection against injury
Safety footwear for protection against accident or injury
Shoes for protection against accidents, irradiation and fire
Protective shoes [against accident or injury]
Chest protectors for the prevention of accident or injury [other than specifically adapted for sport]
Elbow protectors (protective -) for use against accidents [other than sports articles]
Shoes for protection against accidents and fire
Footwear for protection against accidents
Gloves for protection against irradiation and fire
Shin guards for protection against injury [other than sports articles or parts of sports suits]
Protective industrial shoes
Boots for protection against accidents
Boots [protective footwear]
Shoes (protective -)
Footwear for protection against fire
Protective masks
Anti-pollution masks for respiratory protection
Boots for protection against accidents, irradiation and fire
Footwear for protection against chemical spills
Safety boots for use in industry [for protection against accident or injury]
Footwear for protection against accidents, irradiation and fire
Protective footwear for the prevention of accident or injury.
The mark was filed in class 18 with following description of goods:
Tool bags, empty
Tool pouches, sold empty
Tool bags of leather, empty
Shoulder straps
Suitcases
Travel garment covers
Suitcases with wheels
Trunks and suitcases
Travelling trunks
Travelling bags
Roller suitcases
Umbrellas.
The mark was filed in class 25 with Parts of headgear.
The mark was filed in class 35 with following description of goods:
Retail services in relation to toiletries
Retail services in relation to cleaning preparations
Online retail services relating to cosmetics
Retail services in relation to cleaning articles
Retail services relating to fragrancing preparations