The trademark REBEL FAY was filed by Rebel Fay Proprietary Limited, a corporation established under the laws of the Republic of South Africa (the "Applicant"). The application was published for oppositions on September 21, 2020, and received one opposition filed on December 21, 2020 by TOD'S S.P.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by JACOBACCI & PARTNERS S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 21, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on June 11, 2020. Appointment and Replacement of representative of the trademark registration was recorded on February 9, 2022. Change of name and address of the trademark registration was recorded on February 14, 2022.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Make-up kits
Eyeshadow palettes
Lip gloss palettes
None of the same being made with or using animal products.
The mark was filed in class 18 with following description of goods:
Make-up bags
Make-up cases
Cosmetic and toiletry bags and cases
None of the same being made with or using animal products.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Combs and sponges
Brushes, except paintbrushes
Brush-making materials
Articles for cleaning purposes
Unworked or semi-worked glass, except building glass
Glassware, porcelain and earthenware
Make-up brushes, make-up applicators
Make-up sponges.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Wholesale and retail services in relation to a variety of vegan friendly goods, namely, cosmetics, toiletries, essential oils, bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations and ingredients for use in the manufacture of cosmetics, imitations of leather, luggage and carrying bags, make-up bags, make-up cases, cosmetic and toiletry bags and cases, umbrellas and parasols, walking sticks, household or kitchen utensils and containers, cookware and tableware, except forks, knives and spoons, combs and sponges, brushes, except paintbrushes, brush-making materials, articles for cleaning purposes, unworked or semi-worked glass, except building glass, glassware, porcelain and earthenware, make-up brushes, make-up applicators, make-up sponges, make-up bags and makeup pallets
Thereby enabling customers to conveniently view and purchase those goods in retail stores, wholesale outlets, mail order catalogues or by means of electronic media, including websites and television shopping programmes
The presentation of goods on communication media, for retail purposes.