The trademark UP & UP was filed by Target Brands, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on January 7, 2021, and received one opposition filed on April 7, 2021 by KREON N.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BUREAU M.F.J. BOCKSTAEL NV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 7, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on December 9, 2020.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cleaning preparations for household purposes
Laundry detergent
Fabric softeners and conditioners for laundry use
All purpose drain openers
Automatic and liquid dishwashing detergents and additives
Cleaning preparations for carpets, rugs and upholstery
Disposable wipes impregnated with chemicals or compounds for household use
Hair shampoo, conditioner
Baby bath cleansers
Baby lotion
Baby oil, baby oil gel and creamy baby oil
Baby powder and cornstarch baby powder
Baby shampoo and hair conditioners
Baby wipes
Cosmetic pads
Cotton swabs, sticks, balls, and puffs for personal cosmetic use
Non-medicated diaper rash ointment
Disposable wipes impregnated with chemicals or compounds for personal hygiene
Non-medicated foot powder
Petroleum jelly for cosmetic purposes
Skin care preparations, namely, body wash, body powder, body scrub, hand cream, and skin lotion
Liquid skin soap
Bath and shower gel
Bubble bath
Shave foam
Shave gel, shave cream
Deodorants and antiperspirants
Lip balm
Non-medicated acne treatment preparations
Sunscreen lotions, sprays and creams
Cleaners and cleansers
Breath fresheners
Mouthwash
Toothpaste
Tooth gel and powder
Teeth cleaning preparations
Tooth whitening preparations
Room fragrances
Pre-moistened towelettes for household cleaning.
The mark was filed in class 5 with following description of goods:
Alcohol swabs for topical use, alcohol-prepared pads
Adhesive bandages
Air fresheners and room deodorizers
Alcohol for topical use
All purpose disinfectants
Analgesics and pain relievers
Anti-bacterial and anti-microbial hand and lotion soap
Pharmaceutical preparations for the treatment, relief, and prevention of gastrointestinal distress, gastrointestinal disorders, constipation
Pregnancy test kits for home use
Preparations for disinfecting floors
Smoking cessation preparations
Supplements, namely, vitamin, mineral, dietary, herbal, nutritional, and homeopathic supplements
Witch hazel
Acne medications
Acne treatment preparations
First aid kits
Denture adhesives
Disposable diapers
Disposable swim pants for children and infants
Disposable training pants.
The mark was filed in class 6 with Aluminum foil.
The mark was filed in class 8 with following description of goods:
Shavers, namely, razors and razor blades, corn and callus removers
Scissors
Disposable tableware, namely, forks, knives and spoons.
The mark was filed in class 9 with Batteries and magnets for use with memo boards and refrigerators..
The mark was filed in class 10 with following description of goods:
Baby bottle liners
Gloves for medical use
Thermometers for medical use
Elastic bandages
Compression bandages
Devices for monitoring blood glucose for medical purposes
Pill cutters
Orthotic inserts for footwear.
The mark was filed in class 11 with Heating and cooling packs filled with chemical substances that react when required to warm or cool the body and drinking water filters..
The mark was filed in class 16 with following description of goods:
Stationery
Paper
Envelopes
Pens
Pencils
Markers
Crayons
Paint kits for arts and crafts
Paint brushes
Staples
Rubber bands
Push pins
Paper clips
Adhesive tape for household or stationery use
Glue and adhesives for household or stationery use
Glue sticks for stationery or household use
Paper party supplies, namely, bags, decorations, tablecloths, tableware, namely, paper napkins, paper place mats, paper doilies, paper table linens, crepe paper, invitations, notecards
Gift cards, plastic and paper gift wrap
Paper gift bows and tags
Facial tissue
Bathroom tissue
Disposable pads for diaper changing
Plastic disposable diaper bags
Lunch bags
Paper baby bibs
Paper towels
Plastic bags, namely, trash and garbage bags, sandwich bags, food storage and freezer bags for household use, general purpose plastic and paper bags
Plastic wrap
Shelf paper
Tissue paper
Disposable housebreaking pads for pets
Paper pet crate mats
Plastic bags for disposing of pet waste
Framed art pictures and prints, photo albums, bookends, memorandum boards, picture boards, magnet boards, desk organizers in the nature of in/out boxes, paper shredders for office use, pencil sharpeners, binders, notebooks, letter holders, file and memo sorters, adhesive tape dispensers for household or stationery use, paper hole punchers, pencil cups, desk drawer organizers, hanging file folders, dry erase writing boards, desktop business card holders
Sheet protectors in the nature of protective covers for sheets of paper, document portfolios, presentation folders, binder pockets, paper report covers, index dividers, file boxes for storage of business and personal records, coupon holders, cardboard mailing tubes, stationery note cards, note pads containing adhesive on one side of the sheet for attachment to surfaces, paper inserts for photo albums
Staple remover, drawing ruler, letter opener, binder clips, rubber erasers, lead refills for mechanical pencils, clip boards
Disposable lawn and leaf bags.
The mark was filed in class 21 with following description of goods:
Dental floss
Dental tape
Toothbrushes
Dental floss dispensers
Denture baths
Body sponges
Cosmetic brushes
Hair combs
Hair brushes
Disposable latex gloves for general use
Disposable plates, bowls and cups
Paper baking cups
Disposable paperboard bakeware
Pet brushes
Pet feeding dishes
Insect traps
Food storage containers
Toothpicks
Brooms
Mops
Household cleaning brushes and sponges
Clothes brushes
Toilet brushes
Dusting brushes
Dishwashing brushes
Pot cleaning brushes
Tub and bath brushes
Food brushes
Clothes pins
Waste baskets
Laundry baskets
Drinking straws
Pill boxes for personal use
Personal dispensers for pills for domestic use
Cosmetic sponges.
The mark was filed in class 26 with following description of goods:
The mark was filed in class 30 with Food products in the class, namely, dried pasta and grain-based snack foods..
The mark was filed in class 35 with Retail store services and online retail store services, all connected with the sale of cleaning preparations for household purposes, laundry detergent, fabric softeners and conditioners for laundry use, all purpose drain openers, automatic and liquid dishwashing detergents and additives, cleaning preparations for carpets, rugs and upholstery, disposable wipes impregnated with chemicals or compounds for household use, hair shampoo, conditioner, baby bath cleansers, baby lotion, baby oil, baby oil gel and creamy baby oil, baby powder and cornstarch baby powder, baby shampoo and hair conditioners, baby wipes, cosmetic pads, cotton swabs, sticks, balls, and puffs for personal cosmetic use, non-medicated diaper rash ointment, disposable wipes impregnated with chemicals or compounds for personal hygiene, non-medicated foot powder, petroleum jelly for cosmetic purposes, skin care preparations (body wash, body powder, body scrub, hand cream, and skin lotion, liquid skin soap), bath and shower gel, bubble bath, shave foam, shave gel, shave cream, deodorants and antiperspirants, lip balm, non-medicated acne treatment preparations, sunscreen lotions, sprays and creams, cleaners and cleansers, breath fresheners, mouthwash, toothpaste, tooth gel and powder, teeth cleaning preparations, tooth whitening preparations, room fragrances, pre-moistened towelettes for household cleaning, alcohol swabs for topical use, alcohol-prepared pads, adhesive bandages, air fresheners and room deodorizers, alcohol for topical use, all purpose disinfectants, analgesics and pain relievers, antibacterial and anti-microbial hand and lotion soap, antibiotic creams and ointments, antifungal preparations for personal use, anti-itch creams, lotions, and ointments, antiseptic and medicated mouthwashes, carpet and room deodorizers, disinfectant mildew removers, dietary supplements, namely, electrolyte replacement solutions, Epsom salts, feminine hygiene preparations, namely, douches, feminine hygiene and protection, namely, tampons, maxi pads, mini pads, and panty liners, gauze, hemorrhoid treatment preparations and pads, hand sanitizing and disinfecting preparations, household disinfectants with cleaning, deodorizing and germicidal properties, hydrocortisone creams and ointments, hydrogen peroxide for medical use, infant formula, medicated shampoo, lice treatment preparations, medical adhesive tape, medicated diaper ointment, medicated foot powder, medicated body powder, medicated pre-moistened wipes, non-adhesive bandages and adhesives for bandages for skin wounds, odor eliminators for use on fabrics, ointments for the prevention and treatment of diaper rash and other skin irritations, ophthalmic preparations, namely eye drops, eye drops containing antihistamines and decongestants, lubricating and rewetting solutions, sterile saline solution, therapeutic ophthalmic preparations, ophthalmic solutions for use with contact lenses, namely, contact lens cleaners, contact lens soaking, wetting and disinfecting solutions and tablets, ovulation test kits, personal lubricating preparations, petroleum jelly for medical purposes, pharmaceutical preparations, namely, allergy relief medications, analgesics and pain relievers, analgesic sleeping aids, antihistamines, aspirin, cold medications, cough treatment medications and suppressants, decongestants, fever reducers, flu medications, menstrual pain and cramp relievers, motion sickness treatment preparations, nasal spray preparations, preparations for the treatment of asthma and hay fever, respiratory infection medications, sinus medications, sleep-aid preparations, throat lozenges, drops and sprays, pharmaceutical preparations, namely, antacids, acid reducers, anti-gas preparations, anti-diarrhea preparations, enema preparations, laxatives, lactose intolerance preparations, mineral oil, stool softeners, pharmaceutical preparations for the treatment, relief, and prevention of gastrointestinal distress, gastrointestinal disorders, constipation, pregnancy test kits for home use, preparations for disinfecting floors, smoking cessation preparations, supplements, namely, vitamin, mineral, dietary, herbal, nutritional, and homeopathic supplements, witch hazel, acne medications, acne treatment preparations, first aid kits, denture adhesives, disposable diapers, disposable swim pants for children and infants, disposable training pants, aluminum foil, shavers, namely, razors and razor blades, corn and callus removers, scissors, disposable tableware, namely, forks, knives and spoons, batteries, magnets for use with memo boards and refrigerators, baby bottle liners, gloves for medical use, thermometers for medical use, elastic bandages, compression bandages, devices for monitoring blood glucose for medical purposes, pill cutters, orthotic inserts for footwear, heating and cooling packs filled with chemical substances that react when required to warm or cool the body, drinking water filters, stationery, paper, envelopes, pens, pencils, markers, crayons, paint kits for arts and crafts, paint brushes, staples, rubber bands, push pins, paper clips, adhesive tape for household or stationery use, glue and adhesives for household or stationery use, glue sticks for stationery or household use, paper party supplies, namely, bags, decorations, tablecloths, tableware, namely, paper napkins, paper place mats, paper doilies, paper table linens, crepe paper, invitations and notecards, gift cards, plastic and paper gift wrap, paper gift bows and tags, facial tissue, bathroom tissue, disposable pads for diaper changing, plastic disposable diaper bags, lunch bags, paper baby bibs, paper towels, plastic bags, namely, trash and garbage bags, sandwich bags, food storage and freezer bags for household use, general purpose plastic and paper bags, plastic wrap, shelf paper, tissue paper, disposable housebreaking pads for pets, paper pet crate mats, plastic bags for disposing of pet waste, framed art pictures and prints, photo albums, bookends, memorandum boards, picture boards, magnet boards, desk organizers in the nature of in/out boxes, paper shredders for office use, pencil sharpeners, binders, notebooks, letter holders, file and memo sorters, adhesive tape dispensers for household or stationery, paper hole punchers, pencil cups, desk drawer organizers, hanging file folders, dry erase writing boards, desktop business card holders, sheet protectors in the nature of protective covers for sheets of paper, document portfolios, presentation folders, binder pockets, paper report covers, index dividers, file boxes for storage of business and personal records, coupon holders, cardboard mailing tubes, stationery note cards, note pads containing adhesive on one side of the sheet for attachment to surfaces, paper inserts for photo albums, staple remover, drawing ruler, letter opener, binder clips, rubber erasers, lead refills for mechanical pencils, clip boards, disposable lawn and leaf bags, dental floss, dental tape, toothbrushes, dental floss dispensers, denture baths, body sponges, cosmetic brushes, hair combs, hair brushes, disposable latex gloves for general use, disposable plates, bowls and cups, paper baking cups, disposable paperboard bakeware, pet brushes, pet feeding dishes, insect traps, food storage containers, toothpicks, brooms, mops, household cleaning brushes and sponges, clothes brushes, toilet brushes, dusting brushes, dishwashing brushes, pot cleaning brushes, tub and bath brushes, food brushes, clothes pins, waste baskets, laundry baskets, drinking straws, pill boxes for personal use, personal dispensers for pills for domestic use, cosmetic sponges, hair accessories, namely, bobby pins, barrettes, clamps, clips, hair bands, bows, buckles, chopsticks, hair coloring and frosting caps, nets, ribbons, rods, scrunchies, non-electric hair curlers and rollers, ribbons and bows for gift wrapping, food products, namely, processed, and dried fruits and vegetables, cooked fruits and vegetables, dried and cooked fruit and vegetables, snack mix consisting primarily of processed fruits, processed nuts and/or raisins, vegetable-based snack foods, food products, namely, dried pasta, grain-based snack foods.