The trademark SUPERWOMAN was filed by Marilyn feuillette, a national of the French Republic (the "Applicant"). The application was published for oppositions on March 31, 2015, and received one opposition filed on June 30, 2015 by DC COMICS on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by SIMMONS & SIMMONS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 30, 2015
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 002546433 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on October 12, 2016 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Cosmetic creams
Oils for cosmetic purposes
Cosmetic dyes
Beauty masks
Cosmetic soaps
Cosmetics and cosmetic preparations
Mousses [cosmetics]
Cosmetics for animals
Cosmetic preparations for eyelashes
Cosmetic nourishing creams
Liners [cosmetics] for the eyes
Sun protecting creams [cosmetics]
Tonics [cosmetic]
Tanning milks [cosmetics]
Moisturising concentrates [cosmetic]
Self tanning creams [cosmetic]
Toning creams [cosmetic]
Suntan lotion [cosmetics]
After-sun gels [cosmetics]
Suntanning oil [cosmetics]
Conditioning creams
Cosmetics in the form of oils
Cosmetics in the form of gels
Cosmetics in the form of milks
Cosmetic face powders
Cosmetic hand creams
Facial lotions [cosmetic]
Body cream
Cosmetics for the treatment of dry skin
Nail primer [cosmetics]
Tissues impregnated with cosmetic lotions
Cosmetic preparations for use as aids to slimming
Cosmetics for use in the treatment of wrinkled skin
Cosmetics in the form of powders
Cosmetics in the form of creams
Nail base coat [cosmetics]
Non-medicated cosmetics
Colour cosmetics for the skin
Skin care lotions [cosmetic]
Skin care oils [cosmetic]
Cosmetic kits
Skin care creams [cosmetic]
Cosmetic eye gels
Skin lightening compositions [cosmetic]
Cosmetics in the form of rouge
Cosmetic preparations for the hair and scalp
Cosmetics in the form of eye shadow
Cosmetic products in the form of aerosols for skincare
Cleaner for cosmetic brushes
Lipsticks
Lipstick cases
False eyelashes
Adhesives for affixing false eyelashes
Adhesives for false eyelashes, hair and nails
Exfoliants
Exfoliant creams
Body scrub
Facial scrubs [cosmetic]
Foot scrubs
Exfoliants for the care of the skin
Exfoliants for the cleansing of the skin
Face scrubs (Non-medicated -)
Essential oils and aromatic extracts
Toiletries
Abraders
Cleaning and fragrancing preparations
Mascara
Hair mascara
Make-up
Cosmetic pencils
Powder for make-up
Make-up powder
Make-up for the face
Chalk for make-up
Compacts containing make-up
Theatrical makeup
Eyes make-up
Skin make-up
Eyelid doubling makeup
Make-up for the face and body
Colour cosmetics for the eyes
Spray polish
Hair spray
Room scenting sprays
Non-medicated mouth sprays
Breath freshening sprays
Shaving sprays
Scented body spray
Scented linen sprays
Anti-perspirants in the form of sprays
Body oil spray
Body sprays [non-medicated]
Conditioners in the form of sprays for the scalp
Styling mousse
Cleansing foam
Foam detergents
Shaving soap
Foams for use in the shower
Mousses [toiletries] for use in styling the hair
Hair protection mousse
Bath foam
Hair styling lotions
Body cleansing foams
Cleaning preparations in the form of foams
Mousses being hair styling aids
Styling gels for the hair
Sun tan gel
Cleansing gels
Shower gels
Soaps in gel form
Age retardant gel
Eyebrow gel
Nail gel
Shaving gel
Bath gel
Moisturising gels [cosmetic]
Soaps and gels
Eye gels
Dental bleaching gels
Foaming bath gels
Hair protection gels
Petroleum jelly for cosmetic purposes
Seaweed gelatine for laundry use (funori)
Shower and bath gel
Aloe vera gel for cosmetic purposes
Massage gels other than for medical purposes
Gel sprays being styling aids.
The mark was filed in class 21 with following description of goods:
Cosmetic utensils
Applicators for cosmetics
Containers for cosmetics
Brushes
Scrubbing brushes
Brush holders
Toothbrushes
Nail brushes
Toilet brushes
Hair for brushes
Brushes for footwear
Dusting brushes
Eyebrow brushes
Brushes for pipes
Clothes brushes
Bath brushes
Mascara brushes
Brushes for cleaning
Eyelash combs
Toothbrush holders
Brushes for personal hygiene
Toothbrush containers
Exfoliating mitts
Exfoliating pads
Body scrubbing puffs
Brushes and brush-making articles
Cosmetic and toilet utensils and bathroom articles
Cleaning articles
Tableware, cookware and containers
Powder compacts
Make-up sponges
Applicators for applying eye make-up
Eye make-up applicators
Facial sponges for applying make-up
Applicator sticks for applying makeup.
The mark was filed in class 44 with following description of goods: