The trademark AQUA LAUDER was filed by Chunliang Zou, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 19, 2020, and received one opposition filed on November 17, 2020 by ESTEE LAUDER COSMETICS LTD. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 17, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003134980 was refused according to Article 8(1)(b) EUTMR with decision issued on December 20, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Medicated toilet preparations
Medicated toiletry preparations
Medicated toothpaste
Medicine tonics
Medicines for adjusting the menstrual cycle
Paper diapers for babies
Pharmaceutical drugs
Sanitary panty shields
Wipes for medical use
Tonics for medical use
Medicated skin care preparations
Medicated soap
Medicated skin creams
Skin care creams for medical use
Skin care lotions [medicated]
Skin care (Pharmaceutical preparations for -)
Skin care preparations for medical use
Absorbent articles for personal hygiene
Dietary supplements with a cosmetic effect
Medicinal creams for the protection of the skin.
The mark was filed in class 10 with following description of goods:
Adult sexual aids
Breast relievers
Breast shields
Electronic thermometers for medical use
Dental picks
Condoms
Exercise machines for therapeutic purposes
Sex toys
Esthetic massage apparatus
Protective gloves for medical use
Rehabilitation apparatus (Body -) for medical purposes
Physical exercise machines for medical purposes
Medical apparatus and devices
Medical devices
Medical masks
Rollators
Blood oxygen monitors
Baby feeding pacifiers
Baby nursers
Baby teething rings
Body massagers
Body rehabilitation apparatus for medical purposes
Massage apparatus for eyes.
The mark was filed in class 28 with following description of goods:
Belts (Weight lifting -) [sports articles]
Body-building apparatus [exercise]
Exercise bikes
Electronic toys
Children's toys
Baby rattles
Blocks (Building -) [toys]
Board games
Knee guards for sports use
Leg guards for athletic use
Shin guards
Tackle (Fishing -)
Dumb-bells
Exercise bands
Yoga straps
Yoga blocks
Athletic protective wrist pads for skateboarding
Card games
Chess games
Educational toys
Dolls
Intelligent toys
Pet toys
Smart robot toys
Playthings
Gym balls for yoga.
The mark was filed in class 35 with following description of goods:
Online advertisements
Providing advertising services
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Sales promotion services for third parties
Sales management services
Promoting the goods and services of others through advertisements on Internet websites
Advertising, marketing and promotion services
Outsource service provider in the field of customer relationship management
Advertisement via mobile phone networks
Telemarketing services
Chamber of commerce services for the promotion of trade