The trademark LEADEVER was filed by Shandong Lan Tai Trading Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on July 30, 2020, and received one opposition filed on November 1, 2020 by JULIUS SÄMANN LTD. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 1, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics for personal use
Beauty tonics for application to the face
Beauty care cosmetics
Cosmetics
Facial beauty masks
Cosmetics and cosmetic preparations
Skin masks [cosmetics]
Make-up remover
Facial wipes impregnated with cosmetics
Skincare cosmetics
Cleaning preparations in the form of foams
Facial cleansers
Cleaning preparations
Tooth cleaning preparations
Skin cleaners [non-medicated]
Cleaning preparations for the teeth
Toothpaste
Skin fresheners [cosmetics]
Body cleaning and beauty care preparations
Beauty tonics for application to the body
Beauty masks
Tonics [cosmetic].
The mark was filed in class 5 with following description of goods:
Chinese traditional medicinal herbs
Bath preparations, medicated
Cleaning preparations for contact lenses
Dietetic products for medical purposes
Cleaning preparations (Contact lens -)
Contact lens cleaning preparations
Nutritional supplements
Skin tonics [medicated]
Herbal tea for medicinal use
Contact lens disinfectants
Dietetic foods adapted for medical use
Baby food
Contact lens solutions
Dietary food supplements
Medicated bath preparations
Mineral nutritional supplements
Therapeutic medicated bath preparations
Dietary supplements and dietetic preparations
Dietary and nutritional preparations
Solutions for neutralizing contact lenses
Dietary supplements
Sanitary napkins
Tonics for medical use
Dietetic food preparations adapted for medical use
Cleaners [preparations] for sterilising dental instruments
By-products of the processing of cereals for dietetic or medical purposes
Bath preparations for medical purposes
Medicine tonics
Preparations for cleansing the skin for medical use.
The mark was filed in class 10 with following description of goods:
Digital hearing aids
Orthopedic articles
Bandages (Knee -), orthopedic
Medical instruments
Feeding bottles
Physiotherapy apparatus
Orthopedic footwear
Medical instruments for use as aids to hearing
Physiotherapy and rehabilitation equipment
Dental apparatus
Hearing aids
Orthopedic prostheses
Suture materials
Orthopedic soles
Medical prostheses
Dental instruments
Orthopedic support bandages
Orthopaedic prostheses
Suture materials for medical use
Dental equipment
Dental apparatus, electric
Contraceptives, non-chemical
Prostheses for medical treatment
Apparatus for use by dental hygienists
Babies' feeding bottles
Prostheses
Materials for suture
Medical devices
Electronic hearing aids
Apparatus for physiotherapeutic treatment.
The mark was filed in class 24 with following description of goods:
Cloths
Bed clothes
Textile fabrics
Textiles
Fabrics
Bedroom textile fabrics
Fabrics for textile use
Hand-towels made of textile fabrics
Tablecloths of textiles
Fabrics for making curtains
Felt
Woven felt
Felt cloth
Towels
Towel sheet
Face towels
Towels [textile]
Bathroom towels
Kitchen towels
Bath towels
Hand towels
Towelling material
Towels of textiles
Towels [of textile]
Quilts
Quilt covers
Bed quilts
Quilt bedding mats
Quilts of textile
Quilted blankets [bedding]
Textile goods for use as bedding
Textile piece goods for making bedding covers
Bed linen
Bed linen and table linen
Bed linen and blankets
Pillow cases
Quilts of towel
Household textiles
Household textile goods
Wall fabrics
Wall decorations of textile
Wall hangings of textile
Textile fabrics for use in the manufacture of wall coverings.
The mark was filed in class 35 with following description of goods:
Advertising
Publicity and advertising
Advertising and publicity
Creating advertising material
Production of advertising material
Business management consultation
Business management organisation
Business management consulting
Business management organisation consultancy
Business management and consulting
Marketing
Marketing consulting
Marketing services
Product marketing
Marketing consultancy
Personnel management consulting
Business relocation consulting
Relocation services for businesses
Administrative services for the relocation of businesses
Secretarial services
Company office secretarial services
Business secretarial services
Accounting
Accounting services
Accounting, in particular book-keeping
Accountancy
Sponsorship search
Import-export agency services
Import and export services
Advisory and consultancy services relating to import-export agencies
Retail services in relation to pharmaceutical preparations
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies.