The trademark AURA was filed by M. H. Alshaya Co. W.L.L., a corporation established under the laws of the State of Kuwait (the "Applicant"). The application was published for oppositions on November 5, 2020, and received one opposition filed on December 2, 2020 by Azura Perfumes Factory on Likelihood of confusion. the opponent was represented by PRAXI INTELLECTUAL PROPERTY SPA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 2, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003136008 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 1, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Business and hotel management, marketing and promotion services
Business and hotel administration
Business secretarial services
Advertising services, advertising of commercial or residential real estate
Arranging and conducting of real estate auctions
Rental of advertisement of hoardings and billboards
Department stores and supermarket retailing services relating to perfumery, non-medicated cosmetics, fragrances, deodorants for personal use and animals, soaps, pharmaceutical and veterinary preparations for medical purposes, chemical preparations for medical and veterinary purposes, chemical reagents for pharmaceutical and veterinary purposes, medicated cosmetics, dietary supplements for pharmaceutical and veterinary purposes
Department stores and supermarket retailing services relating to dietary supplements, nutritional supplements, medical preparations for slimming purposes, food for babies, herbal beverages adapted for medicinal purposes, forks, spoons, knives and non-electric cutters, slicers, peelers for kitchen use, including those made of precious metals, epilation, manicure and pedicure devices, electric hand implements for straightening and curling hair, scissors
Department stores and supermarket retailing services relating to apparatus for recording, transmission or reproduction of sound or images, cameras, photographic cameras, television apparatus, video recorders, CD and DVD players and recorders, MP3 players, computers, desktop computers, tablet computers, wearable technological devices (smart watches, wristbands, head-mounted devices) microphones, loudspeakers, earphones, telecommunications apparatus
Department stores and supermarket retailing services relating to apparatus for the reproduction of sound or images, computer peripheral devices, cell phones, covers for cell phones, telephone apparatus, computer printers, scanners [data processing equipment], photocopiers, glasses and sunglasses, jewellery, imitation jewellery, gold, precious stones and jewellery made thereof, cufflinks, tie pins, statuettes and figurines of precious metal
Department stores and supermarket retailing services relating to clocks, watches and chronometrical instruments, chronometers and their parts, watch straps, printed publications, printed matter, books, magazines, newspapers, bill books, printed dispatch notes, printed vouchers, calendars, posters, photographs [printed], paintings, stickers [stationery], postage stamps, paper products for stationery purposes, adhesives for stationery purposes, pens, pencils, erasers, adhesive tapes for stationery purposes
Department stores and supermarket retailing services relating to cardboard cartons [artists' materials], writing paper, copying paper, paper rolls for cash registers, drawing materials, chalkboards, painting pencils, water colours [paintings], bags, wallets, boxes and trunks made of leather, imitation letter or stout leather, key cases, trunks [luggage], suitcases, furniture, curtains, bed covers, sheets (textile), pillowcases, blankets, quilts, towels made of textile
Department stores and supermarket retailing services relating to clothing, including underwear and outer clothing, other than special purpose protective clothing, socks, mufflers [clothing], shawls, bandanas, scarves, belts [clothing], footwear, shoes, slippers, sandals, headgear, hats, caps with visors, berets, caps [headwear], skull caps, carpets, rugs, mats, games and toys, gymnastic articles
Department stores and supermarket retailing services relating to meat, fish, poultry and game, processed meat products, dried pulses, soups, bouillon, processed olives, olive paste, milks of animal origin, milks of herbal origin, milk products, butter, edible oils, dried, preserved, frozen, cooked, smoked or salted fruits and vegetables, tomato paste, dried fruits as snacks, hazelnut spreads and peanut butter, tahini (sesame seed paste)
Department stores and supermarket retailing services relating to eggs and powdered eggs, potato chips, coffee, cocoa, coffee or cocoa based beverages, chocolate based beverages, pasta, stuffed dumplings, noodles pastries and bakery products based on flour, desserts based on flour and chocolate, bread, simit [Turkish ring-shaped bagel covered with sesame seeds], poğaça [Turkish bagel], pita, sandwiches, katmer [Turkish pastry]
Department stores and supermarket retailing services relating to pies, cakes, baklava [Turkish dessert based on dough coated with syrup], kadayıf [Turkish dessert based on dough], desserts based on dough coated with syrup, puddings, custard, kazandibi [Turkish pudding], rice pudding, keşkül [Turkish pudding], honey, bee glue for human, consumption, propolis for food purposes, condiments for foodstuffs, vanilla (flavouring)
Department stores and supermarket retailing services relating to spices, sauces (condiments), tomato sauce, yeast, baking powder, flour, semolina, starch for food, sugar, cube sugar, powdered sugar, tea, ice tea, confectionery, chocolate, biscuits, crackers, wafers, chewing gums, ice-cream, edible ices, salt, cereal-based snack food, popcorn, crushed oats, corn chips, breakfast cereals, processed wheat for human consumption
Department stores and supermarket retailing services relating to crushed barley for human consumption, processed oats for human consumption, processed rye for human consumption, rice, molasses for food, fruit and vegetable juices, fruit and vegetable concentrates and extracts for making beverages, nonalcoholic soft drinks, energy drinks, protein-enriched sports beverages
Distribution of samples and souvenirs for advertising, marketing and promotional purposes
Arranging, conducting and organizing exhibitions for business and commercial purposes
Organization of exhibitions for commercial advertising purposes
Rental of advertising space
Real estate marketing
Real estate marketing analysis
Sales promotion for others
Dissemination of advertising matter
Shop window dressing
Leasing of billboards
Provision of information, consultancy services and advisory services relating to all the aforesaid services.