The trademark application 365 WHOLE FOODS MARKET was filed by Amazon Technologies, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on September 30, 2021, and it was registered by office on January 9, 2022 without any oppositions.
The application was filed in English (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on July 9, 2020. Appointment and Replacement of representative of the trademark registration was recorded on January 6, 2021. Appointment and Replacement of representative of the trademark registration was recorded on January 17, 2022. Appointment and Replacement of representative of the trademark registration was recorded on February 7, 2022. Change of name and professional address of the trademark registration was recorded on December 19, 2022.
The Refusal with reference B 018252986 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on May 12, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 2 with following description of goods:
Paints, varnishes, lacquers
Preservatives against rust and against deterioration of wood
Colorants, dyes
Inks for printing, marking and engraving
Raw natural resins
Metals in foil and powder form for use in painting, decorating, printing and art.
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Baby hair conditioner
Baby shampoo
Baby lotion
Baby bubble baths
Baby oil
Baby powder
Baby wipes
Baby soaps
Diaper balm
Non-medicated diaper rash balm
Pre-moistened non-medicated baby wipes
Hair shampoo
Hair conditioners
Hair preparations
Hair cleaning preparations
Hair care preparations
Hair styling preparations
Hair spray
Hair lotions
Hair pomades
Hair coloring preparations
Hair dyes
Henna
Hair waving preparations
Hair straightening preparations
Growth preparations for hair
Sunscreen
Sun-tanning preparations
Sunscreen preparations
Foams containing cosmetics and sunscreens
Self-tanning preparations
Make-up
Non-medicated toiletries
Beauty care preparations
Skin care preparations
Lotions for cosmetic purposes
Skin and moisturizing lotion
Facial and skin lotions
Body lotions
Facial and skin moisturizers
Anti-acne facial moisturizers not for medical purposes
Anti-acne washes not for medical purposes
Anti-acne facial scrubs not for medical purposes
Non-medicated skin toners
Cocoa butter for cosmetic purposes
Body and skin creams
Skin creams
Hand cream
Facial creams
Eye cream
Night cream
Cosmetic creams
Perfumes
Fragrances
Musk being perfumery
Eau de cologne
Body sprays
Oils for perfumes and scents
Essential oils
Aromatic essential oils
Essential oils for personal use
Essential oils for aromatherapy use
Natural essential oils
Body oils
Facial oils
Cosmetic oils
Hair oils
Massage oils and lotions
Glycerin for cosmetic purposes
Facial masks
Tissues impregnated with cosmetic lotions
Tissues impregnated with make-up removing preparations
Waxing substances and preparations to make the leaves of plants shiny
Antistatic preparations for household purposes
Rust removing preparations
Sandpaper
Abrasive cloth
Abrasive paper
Degreasers and grinding preparations
Grinding preparations
Emery
Emery cloth
Emery paper
Pumice stone
Paint stripping preparations
Lacquer-removing preparations
Turpentine for degreasing
Preparations for unblocking drain pipes
Conditioners
Washing powder
Washing soda
Scented wood
Windshield cleaning liquids
Vehicle cleaning preparations.
The mark was filed in class 4 with following description of goods:
Industrial oils and greases, wax
Lubricants
Dust absorbing, wetting and binding compositions
Fuels and illuminants
Lighter fluid
Paraffin
Beeswax
Carnauba wax
Industrial wax
Kerosene
Lamp oil
Lighting fuel
Petroleum jelly for industrial purposes
Electrical energy
Waxes being raw material.
The mark was filed in class 5 with following description of goods:
Sanitary preparations for medical purposes
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Analgesics
Antiseptics
Antibacterial substances for medical purposes
Balms for medical purposes
Medicated ointments
Medicated salves
Medicated gels
Aloe vera preparations for therapeutic purposes
Medicated lip balm
Medicated creams
Pre-moistened medicated tissues
Filled first-aid boxes
Cough treatment preparations
Cough drops
Cold sore treatment preparations
Acne treatment preparations
Eye washes
Medicated preparations for the care of skin, hair, and scalp
Medical preparations for slimming purposes
Medicated bath preparations and salts
Epsom salts
Sunburn ointments
Skin care creams for medical use
Homeopathic preparations for use in the treatment of colds, allergies, constipation, pain, fever, cough, earache, headache, indigestion, bruises, sprains, sore muscles, joint pain, arthritis, teething and gum pain
Aspirin
Acetaminophen
Ibuprofen for use as an oral analgesic
Laxatives
Hemorrhoid treatment preparations
Medicated foot powders and creams
Corn remedies
Solutions for use with contact lenses
Contact lens cleaning preparations and solutions
Smoking cessation pharmaceutical preparations
Insect repellents
Hydrogen peroxide for medical purposes
Isopropyl alcohol for medical use
Antibacterial alcohol skin sanitizer gel
Hand-sanitizing preparations
Hand sanitizing foam
Sanitizing wipes for hands
Adhesive plasters
Adhesive bandages
Bandages for dressings
Adhesives for dentures
Dental cements
Dental abrasives
Air freshening and purifying preparations
Air purifying preparations
Air deodorizing preparations
Medicated douches
Personal lubricants
Topical preparations, namely, creams for enhancing sexual arousal
Suppositories
Chemical preparations for the diagnosis for pregnancy
Contraceptive preparations
Sanitary napkins
Sanitary panties
Sanitary knickers
Sanitary pads
Sanitary towels
Tampons
Pantiliners
Feminine hygiene pads
Nursing pads
Teething gels
Babies' diapers
Disposable nappies
Nappies
Disposable training pants
Incontinence pads
Incontinence diapers and garments
Napkins and pants for incontinence
Herbal anti-itch and sore skin ointment for pets
Medicated pet shampoo
Animal washes
Antiparasitic collars for animals
Soil-sterilizing preparations
Fungicides, herbicides
Disinfectant bathroom cleaners.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys, ores
Metal materials for building and construction
Transportable buildings of metal
Non-electric cables and wires of common metal
Metal bells
Bells for animals
Non-electric metal door bells
Metal bottle stoppers
Nails
Nuts of metal
Padlocks
Safes.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Bookbinding material
Stationery and office requisites, except furniture
Adhesives for stationery or household purposes
Drawing materials and materials for artists
Paintbrushes
Printers' type, printing blocks
Paint brushes
Office requisites
Address books.
The mark was filed in class 21 with following description of goods:
Brush-making materials
Unworked or semi-worked glass, except building glass
Foam toe separators for use in pedicures
Floss for dental purposes
Shoe trees
Shoe horns
Toilet brushes
Toilet cases
Toothbrushes
Toothpicks
Brooms
Brush goods
Brushmaking materials
Unworked or semi-worked glass, not for building.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retail grocery store services connected with the sale of metals in foil and powder form for use in painting, decorating, printing and art, clothing, footwear, headgear, unworked or semi-worked glass, pharmaceutical preparations, sanitary preparations for medical purposes, medical dressings, and dressings for wounds
Retail and online retail store services connected with the sale of a wide variety of consumer goods for others, namely, metals in foil and powder form for use in painting, decorating, printing and art, clothing, footwear, headgear, unworked or semiworked glass, pharmaceutical preparations, sanitary preparations for medical purposes, medical dressings, and dressings for wounds
Retail and online retail store services in connection with the sale of metals in foil and powder form for use in painting, decorating, printing and art, clothing, footwear, headgear, unworked or semi-worked glass, pharmaceutical preparations, sanitary preparations for medical purposes, medical dressings, and dressings for wounds.