The trademark NAILSTER was filed by PearlWax IVS, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). The application was published for oppositions on June 28, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on September 28, 2020 by YouMedical B.V. on Likelihood of confusion. the opponent was represented by FENIX LEGAL KB and its proceedings were handled in English The second opposition filed on September 27, 2020 by One Retail Group Limited on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and its proceedings were handled in English
The application was filed in Danish, and Danish was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on May 26, 2020. Change of name and professional address of the trademark registration was recorded on February 7, 2024. Change of name and professional address of the trademark registration was recorded on May 29, 2024.
The Opposition with reference B 003131575 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 17, 2024 by the EUIPO. The Appeal with reference B R1044/2024-4 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on December 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
False nails
Nail varnish
Nail gel
Nail cream
Cuticle softeners
Nail polish pens
Nail hardeners [cosmetics]
Nail varnish remover [cosmetics]
Nail clips for use in removing artificial nails
Nail polish top coat and base coat
Nail preparations
Nail brushes
Moist wipes for sanitary and cosmetic purposes
Wipes incorporating cleaning preparations
Feminine hygiene cleansing towelettes
Alcoholic solvents
None of the aforesaid goods for use in the treatment of nail fungus.
The mark was filed in class 8 with following description of goods:
Electric manicure and pedicure tools
Cuticle pushers
Nail files, electric
Nail buffers and files
Cuticle clippers and nippers
Nail nippers
Nail clippers, electric or nonelectric
Nail polishers (electric and non-electric)
Nail skin treatment trimmers
Tweezers
None of the aforesaid goods for use in the treatment of nail fungus.
The mark was filed in class 21 with following description of goods:
Nail brushes
Trays for use in fingernail polishing
Cosmetic spatulas
Foam toe separators for use in pedicures
Cosmetic utensils.
The mark was filed in class 35 with Retailing and online retailing of false nails, nail polish, nail gels, nail creams, cuticle softeners, nail polish pens, nail hardeners [cosmetics], nail polish remover [cosmetics], nail clips for use in removing artificial nails, nail polish top coat and base coat, nail care preparations, nail brushes, moist wipes for cosmetic and sanitary purposes, wipes with cleansing preparations, feminine hygiene cleansing wipes, wipes with cleansing preparations, alcoholic solvents, manicure and pedicure tools, including electric, cuticle pushers, nail files, including electric, nail buffers and files, cuticle clippers and nippers, nail nippers, nail clippers, electric and non-electric, nail polishers, electric and non-electric, nail skin treatment trimmers, tweezers, UV lamps for cosmetic purposes, nail lamps, LED nail dryers, nail brushes, trays rays for use in fingernail polishing, cosmetic spatulas, foam toe separators for use in pedicures, cosmetic utensils.