The trademark SOULSISTAH was filed by Soulsistah Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on July 26, 2020, and received one opposition filed on October 25, 2020 by CONCESIONES Y BEBIDAS CARBONICAS, S.A. on Likelihood of confusion. the opponent was represented by 1919 POLO PATENT and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 25, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0618/2022-4 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on November 1, 2022 by the EUIPO. The Opposition with reference B 003133245 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 16, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Soap
Make-up preparations
Hygiene and beauty care (preparations)
Cosmetic preparations for skin care
Cosmetic creams
Nail cream
Nail varnish
Make-up removing preparations
Disposable wipes impregnated with cleaning substances or compounds for personal hygiene
Facial masks
Nail varnish removers
Cosmetic bath and shower gels and body lotions
Cosmetic products for personal care
Creams, gels, sprays, mousses and balms for hair styling and hair care
Shampoos
Perfumery
Toilet water
Toilet water
Toiletry preparations
Hair-care products
Deodorants for personal use
Ethereal oils
Cosmetic lotions
Suncare preparations
Sun-tanning preparations [cosmetics]
Sun-tanning preparations
After-sun products
Cosmetic bath salts
Potpourris [fragrances]
Hair lotions
Dentifrices.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Food supplements
Plant oil dietary supplements
Probiotic supplements
Health food supplements made principally of minerals
Food supplements for non-medical purposes.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Coin-operated mechanisms
Cash registers, calculating machines, data processing equipment, computers
Software
Downloadable movies
Musical sound recordings
Fire extinguishing apparatus
Mobile and tablet applications
Electronic publications
Databanks and Data files
Sunglasses
Lenses for sunglasses and Mounts
Cases, cords and chains for sunglasses
Protective clothing, helmets and goggles.
The mark was filed in class 10 with following description of goods:
Physical therapy equipment
Sex aids
Sexual activity apparatus, devices and articles
Electrically operated massagers
Sex toys
Vibrators, being adult sexual aids
Condoms
Condoms.
The mark was filed in class 11 with following description of goods:
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply
Lighting apparatus
Lighting stands
Laser light projectors, fans
Lights
Electric discharge tubes for lighting
Lamp chimneys
Lampshade holders
Lamp shades
Light hanging supports
Protective fittings for lighting apparatus
Germicidal lamps for purifying air
Laser floodlights
Smoke generators
Safety accessories for electrical lighting apparatus not included in other classes
Parts for the aforesaid goods, included in this class.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes, namely amulets, bracelets and anklets, chains, pendants, clocks, beads for making jewellery, works of art, lockets, cuff links, earrings, lapel pins, rings, ornaments, key rings (trinkets or fobs), ornamental pins and tie pins
Works of art of precious metal
Jewellery, precious stones
Horological and chronometric instruments.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Printed matter, including books, newsletters, newspapers, magazines, brochures, leaflets and other texts and publications
Bookbinding material
Photographs [printed]
Cards
Writing cases [stationery]
Gums [adhesives] for stationery or household purposes
Artists' materials
Brush pens
Typewriters and office requisites (except furniture)
Teaching materials [except apparatus]
Plastic materials for packaging (not included in other classes)
Printing type
Printing blocks
Non-encoded information cards, including for identification, credit, saving and payment purposes made of paper, cardboard or plastic
Customer cards and discount cards, not equipped with a magnetic strip
Gift packaging of cardboard (boxes).
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials and not included in other classes, namely luggage labels, purses, pouches, credit card holders and key cases
Bags, handbags, travel bags, toiletry bags, make-up bags and trunks
Umbrellas and parasols
Pocket wallets and purses
Animal skins
Whips, harness and saddlery.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, frames, being of wood, cork, reed, reed, wicker, horn, bone, ivory, whalebone, shell, yellow amber, mother-of-pearl, meerschaum, substitutes for all these materials or statuettes made of plastic, works of art, models, ornaments and decorations
Frames
Tables
Moulds made of plaster or plastics for use in the manufacture of furniture, works of art, statues, ornaments and decorations
Containers, not of metal, for storage or transport
Shells
Meerschaum
Yellow amber
Venetian blinds.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Brushes
Material for brush-making
Cleaning articles
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes
Dustbins
Statues of porcelain, ceramic, earthenware, terra-cotta or glass
Cups of paper or plastic
Beer mugs
Window-boxes
Flower pots
Candy boxes
Cocktail shakers
Cosmetic utensils
Portable cool boxes, non-electric
Mugs
Drinking vessels
Drinking glasses
Drinking horns
Tankards
Jugs
Straws for drinking
Table plates
Bottle openers, electric and non-electric
Bottles
Candle jars [holders]
Decanters
Napkin rings
Make-up sponges
Sponges for household purposes
Services [dishes].
The mark was filed in class 24 with following description of goods:
Textiles and substitutes for textiles
Linens
Curtains of textile or plastic.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Dress belts
Shawls
Underwear
Lingerie.
The mark was filed in class 26 with following description of goods:
Accessories for apparel, sewing articles and decorative textile articles
Hair ornaments, hair rollers, hair fastening articles, and false hair
Artificial fruit, flowers and vegetables
Artificial wreaths
Artificial plants, other than Christmas trees
Artificial Christmas wreaths
Artificial Christmas garlands
Artificial corsages
Artificial flower arrangements
Artificial flower arrangements
Wreaths of artificial flowers
Artificial garlands
Bouquets of artificial flowers
Indoor artificial foliage
Outdoor artificial foliage
Artificial trees, other than Christmas trees
Artificial garlands and wreaths.
The mark was filed in class 27 with Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors and Non-textile wall coverings..
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Festive decorations, party novelties and artificial Christmas trees
Apparatus for amusement parks and playgrounds Toys, Games and playthings
Play balloons
Carnival masks
Confetti
Decorations and ornaments for Christmas trees
Party favor hats
Novelty noisemaker toys for parties
Halloween masks
Christmas trees of synthetic material
Christmas dolls
Christmas crackers [party novelties].
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Cakes, Tarts and biscuits
Chocolate
Edible ices, sorbets and other edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt, condiments, spices, preserved herbs
Vinegar, sauces (condiments), and other spices
Ice [frozen water]
Waffles
Biscuits
Pancakes.
The mark was filed in class 31 with following description of goods:
Unprepared and unprocessed agricultural, aquacultural, horticultural and forestry products
Unprepared and unprocessed cereals and seeds
Fresh fruits, nuts, vegetables and herbs
Natural plants and flowers
Flower bulbs, seedlings and plant seeds
Unprocessed oil seeds
Red peppers.
The mark was filed in class 33 with Alcoholic beverages (except beer) and Alcoholic mixed drinks..
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Personnel recruitment, including bookings
Temporary personnel services
The aforesaid services including with regard to models and photo models
Merchandising and business consultancy thereon
Sales promotion
Business management of performing artists
Arranging and conducting of promotional events and activities, including openings, demonstrations and product presentations
Arranging and conducting publicity and advertising events
Commercial management
Publication of publicity texts
Dissemination of advertising articles and advertising material
Publicity
Public relations services
Organisation of trade fairs, exhibitions and other events for commercial and advertising purposes
Demonstration of goods
Retailing or wholesaling of bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for humans and animals, plasters, materials for dressings, materials for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides and herbicides, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment and computers, computer software, fire-extinguishing apparatus, sunglasses, vehicles and parts therefor, apparatus for locomotion by land, air or water, precious metals and their alloys, jewellery, precious stones, horological and chronometric instruments, paper, cardboard, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites, instructional and teaching material, plastic materials for packaging, printing type, printing blocks, leather and imitations of leather, wallets, coin purses, cases, suitcases, briefcases, animal skins and hides, suitcases and travelling bags, bags, umbrellas, parasols and walking sticks, whips and saddlery, clothing, footwear, headwear, belts, furniture, mirrors, frames, household or kitchen utensils and containers, combs and sponges, brushes, brush-making materials, cleaning materials, steel wool, unworked or semi-worked glass, glassware, porcelain and earthenware, textiles and textile goods, bed covers, table cloths, games, playthings, gymnastics and sporting articles, decorations for Christmas trees, foodstuffs, seeds and agricultural, horticultural and forestry products, live animals, plants and flowers, foodstuffs for animals
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Compilation of information into computer databases
Data file administration
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Organising and mediating in travel
Arranging guided tours, excursions, walking and bicycle tours
Car park services
Escorting of travellers
Transport of persons and goods
Chauffeur services
Travel reservation
Rental of transport vehicles, including bicycles, motor buses and motor coaches
Arranging of cruises
Pleasure boat transport
Arranging for travel visas and travel documents for persons travelling abroad
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Arranging and providing of entertainment, cultural, recreational and culinary events
Entertainment (amusement) in the sporting, recreational and culinary field
Discotheque services
Arranging of club evenings
Composition, production, arranging and performing of concerts, tours, music and dance events and other recreational events
Ticket reservation and booking services for education, entertainment and sports activities and events
Compilation and providing of training, courses and workshops
Arranging and conducting of conferences, seminars, congresses, symposiums, lectures and other such educational activities
Publishing, lending and dissemination of newsletters, books, newspapers, magazines, brochures, leaflets, printed matter and other texts and publications
Organization of trade fairs and exhibitions for educational purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Temporary accommodation, bars
Retirement home services
Accommodation bureau services [hotels, boarding houses]
Cafés
Café services
Food and drink catering
Day-nursery [crèche] services
Boarding for animals
Hotel services
Hotel reservations
Canteen services
Motel services
Boarding house bookings
Boarding house services
Temporary accommodation reservations
Restaurant services
Snack-bar services
Food sculpting
Providing campground facilities
Tourist home services
Holiday camp services [lodging]
Rental of cooking apparatus
Rental of chairs, tables, table linen, glassware
Rental of tents
Rental of temporary accommodation
Rental of meeting rooms
Rental of lighting apparatus
Rental of transportable buildings
Rental of water dispensers
Self-service cafeteria services.
The mark was filed in class 45 with following description of goods:
Safety, rescue, security and enforcement services
Concierge services
Commissionaire services
Babysitting
House sitting
Personal gift selection for others
Fashion information
Dating agency services
Dating agency services
Personal wardrobe styling services
Rental of clothing
Planning and arranging of wedding ceremonies
Burial services
Online social networking services
Preparation of customized gift boxes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.