The trademark BAOASE was filed by Flamingo Ontwikkelingsmaatschappij NV, a corporation established under the laws of "CW" (the "Applicant"). The application was published for oppositions on May 4, 2021, and received one opposition filed on August 2, 2021 by Baloise Belgium, naamloze vennootschap on Likelihood of confusion. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 2, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Skin, eye, hair and nail care preparations
Non-medicated soaps and gels
Non-medicated cosmetics
Hair lotions
Non-medicated toothpaste
Toiletries
Dermatological products, not for medical purposes
Skin care and skin treatment preparations, including cosmetic creams, gels, powders, oils, emulsions, serums and lotions
Hair removal and shaving preparations
Aftershave creams, After-shave balms and After-shave preparations
Make-up
Moist wipes for sanitary and cosmetic purposes
Make-up removing preparations
Sun tan lotion, sun protection serums, sunscreen oils and Self tanning creams
Beauty masks
Facial masks
Hair care treatment preparations
Shampoo-conditioners
Hair masks
Hair creams
Bath and shower preparations
Shower and bath gel
Foams for use in the shower
Gel scrub
Hand soaps
Foot scrubs
Room fragrancing preparations
Incense
Perfumery and fragrances
Essential oils and essences
Deodorants and antiperspirants.
The mark was filed in class 5 with following description of goods:
Pharmaceutical, medical and veterinary preparations
Sanitary preparations for medical purposes, Including creams, gels and lotions for use on the face
Skincare, eye care and nailcare preparations for medical purposes
Dietetic foodstuffs and dietetic substances adapted for medical or veterinary use
Dietary supplements for humans and animals
Plasters, materials for dressings
Disinfectants
Anti-bacterial preparations and Bactericides
Disinfectants for hygiene purposes
Sanitizing wipes
Antibacterial gels.
The mark was filed in class 9 with following description of goods:
Spectacles
Sunglasses
Spectacle cords
Spectacle cases
Spectacle cases
Bags, cases, (protective) cases, sleeves, pouches and holders specially designed for (mobile) telephones, tablets, computers, cameras and media players
Lanyards and straps for (mobile) phones, tablets, computers, cameras and media players
Mouth masks and Mouth protection, including against biological hazards
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
Jewellery, precious stones
Horological and chronometric instruments
Watches
Jewellery
Bracelets
Rings (jewellery, jewelry (am.))
Chains
Chokers
Charms (jewellery)
Charms (jewellery)
Jewellery boxes.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins
Luggage and carrying bags
Umbrellas and parasols
Walking staffs
Whips, harness and saddlery
Collars, leashes and clothing for animals
Bags, including the following goods: Shoulder bags, Handbags, shopping and sports bags
Rucksacks
Purses and wallets
Vanity cases, not fitted
Small purses
Briefcases [leather goods]
Canvas bags
Towelling bags.
The mark was filed in class 25 with following description of goods:
Clothing, including women's, men's and children's clothing
Footwear
Headgear, including caps and hats
Short-sleeved T-shirts
Dress pants
Leggings [trousers]
Jumper suits
Skirts and dresses
Tunics
Blouses
Shirts
Sportswear
Bathing wear
Scarves and neckties
Straps and belts
Face masks and mouth protection (not for medical use).
The mark was filed in class 29 with following description of goods:
Meat, poultry and game
Meat extracts
Fish, seafood, crustaceans and shellfish
Fish and meat substitutes
Prepared, preserved, frozen, dried and cooked fruits, vegetables and mushrooms
Prepared salads
Spreads based on fruits, vegetables, seeds and/or nuts
Hummus
Tapenade
Jellies, jams, compotes
Eggs
Milk and milk products
Dairy products and dairy substitutes
Cheese
Edible oils and fats including olive oil
Soups and stocks
Prepared seeds and nuts
Chips based on potatoes and/or vegetables
Tajine
Snack food and snacks based on meat, poultry, game, fish, seafood, crustaceans and shellfish, fish and meat substitutes, vegetables, potatoes, fruits and/or nuts
Frozen products based on meat, poultry, game, fish, seafood, crustaceans and shellfish, fish and meat substitutes, vegetables, potatoes, fruits and/or nuts
Prepared meals and Ready-made meals, On the following basis: Meat, Poultry, Game, not live, Fish, not live, Seafood, shells, Fish and meat substitutes, Vegetables, Potatoes, Fruits and/or Nuts.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice
Pasta
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Bakery goods
Bakery products
Tarts, cakes and biscuits
Edible ices
Sugar, honey, treacle
Natural sweeteners
Yeast, baking-powder
Flour
Bean paste
Salt
Mustard
Vinegar, sauces (condiments)
Savory sauces, chutneys and pastes
Curry sauces
Spices
Ice for refreshment
Sweetmeats [candy]
Processed cereals, starch and products thereof
Baking preparations
Breakfast cereals
Rice-based, cereal-based and/or pasta-based snack food and snack products
Prepared meals and ready-made meals based on rice, cereals and/or pasta.
The mark was filed in class 32 with following description of goods:
Beers and brewery products
Soft drinks
Carbonated mineral water
Fruit beverages and fruit juices
Vegetable juice
Smoothies
Syrups and other non-alcoholic preparations for making beverages
Aerated water
Energy drinks
Sports drinks
Soft drinks.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Alcoholic preparations for making beverages
Spirits [beverages]
Liqueurs
Port (wine)
Cognac
Aperitifs
Pre-mixed alcoholic beverages, other than beer-based
Cider
Wine
Champagne
Fortified wines
Sparkling wines.
The mark was filed in class 35 with following description of goods:
Advertising
Publication of printed matter for advertising purposes
Distribution of advertising material
Promotional activities
Advertising
Business management of catering establishments
Market research and analysis for hospitality companies
Business organisation, administrative and economic consultancy for organisations involved in the field of hospitality and service, including in relation to the operation of hospitality companies
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing relating to the following goods: bleaching preparations and Other substances for laundry use, Cleaning, polishing, scouring and abrasive preparations, skin care, Hair care products, Eyecare products and nail products, Non-medicated soaps and Non-medicated gels, non-medicated cosmetics, Hair lotions, not for medical purposes, Non-medicated dentifrices, Toiletry preparations, Dermatological goods, Not medical
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing relating to the following goods: skin care and Skin treatment preparations, Including the following goods: Cosmetic creams, cosmetic gels, Make-up powder, Cosmetic oils, Cosmetic emulsions, cosmetic serums and Cosmetic lotions, depilatory reparations and Shaving preparations, after-shave creams, aftershave balm and After-shave lotions, Makeup, Moist cleansing wipes for sanitary and cosmetic purposes, Make-up removal articles, Sunscreen lotions, Sunburn serums, sunscreen oils and Sun-tanning creams
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Beauty masks, Facial packs for toiletry purposes, Preparations for the care and treatment of hair, Shampoos and conditioners, hair masks, Hair creams, Bath and shower preparations, Shower and bath gel
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Shower foams, exfoliating gels, hand soaps, Foot scrub, Room fragrancing preparations, incenses, Perfumery and fragrancing preparations, Essential oils and essences, Deodorant preparations and anti-perspirants
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Pharmaceuticals, medical and veterinary preparations, Sanitary preparations for medical purposes, Including creams, gels and lotions for use on the face, skin, eye and nail care preparations for medical purposes, Dietetic food and substances adapted for medical or veterinary use
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Food supplements for human and animal consumption, Plasters, materials for dressing, Disinfectants, Antibacterial preparations, Anti-bacterial preparations, Disinfectants for hygiene purposes, sanitising wipes, Antibacterial gels
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Spectacles, sun glasses, Eyeglass cords, Spectacle cases, Spectacle cases, Panniers, Cases, Protective sleeves, covers, Pouches and holders specially adapted for (mobile) phones, tablet computers, computers, cameras and media players and Parts of the aforementioned goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Lanyards and straps for (mobile) phones, tablet computers, computers, cameras and media players, Face masks and Mouth protection, Including against biological hazards and Parts of the aforementioned goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: precious metals and their alloys, Jewellery, precious stones, horological and chronometric instruments, Watches, Ornaments, Bracelets, rings, chains, Colliers, Charms (jewellery), Necklaces (jewellery) and Namely jewellery caskets
Business intermediary services in the purchase, sale, import, export, wholesaling and retailing of leather and imitations of leather, animal skins, luggage and carrying bags, Umbrellas, parasols and walking sticks, Whips, harness and saddlery, Collars, leashes and clothing for animals, Bags, including shoulder bags, Handbags, shopping and sports bags, Rucksacks, Purses and pocket wallets, vanity cases, Small purses, Leather pouches, Linen bags, toweling bags
Business intermediary services in the purchase, sale, import, export, wholesaling and retailing of clothing, Including women's, men's and children's clothing, Footwear, Headgear, including caps and hats, T-shirts, Trousers, Leggings (trousers), Coveralls, Skirts and dresses, tunics, Aprons (clothing), Shirts, Sportswear, Swimsuits, Scarves and neckties, Straps and belts, Face masks and Mouth protection (not for medical use)
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Meat, Poultry and game, meat extracts, Fish, Seafood, Crustaceans and shellfish, Fish and meat substitutes, Processed, preserved, frozen, dried and cooked fruits, Vegetables, Mushrooms, Prepared salads, Spreads based on vegetables, fruits, seeds and/or nuts
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Soil for flowering plants, Tapenades, Jellies, Jams, Compotes, Eggs, Milks and Milk products, Dairy products and dairy substitutes, Cheese, Edible oils and And fats, Including olive oil, Soup and Broths, Processed seeds and Nuts (fruits), Crisps based on potatoes and/or vegetables, tagines
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, Relating to snacks and snack products based on the following goods: Meat, poultry, Game, Fish, Seafood, products based on the following goods: Meat, poultry, Game, Fish, Seafood, Crustaceans and shellfish, Fish and meat substitutes, Vegetables, Potatoes, Fruit and/or Nuts (fruits)
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, Relating to frozen products based on the following goods: Meat, poultry, Game, Fish, Seafood, Crustaceans and shellfish, Fish and meat substitutes, Vegetables, Potatoes, Fruit and/or Nuts (fruits)
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, Relating to prepared meals and ready-made meals based on the following goods: Meat, poultry, Game, Fish, Seafood, Crustaceans and shellfish, Fish and meat substitutes, Vegetables, Potatoes, Fruit and/or Nuts (fruits)
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Coffee, tea, Cocoa, artificial coffee, rice, pastes, Tapioca and sago, Farinaceous products and Preparations made from cereals, Bread loaves, Pastries and Confectionery, Bakery goods, Bread products, Biscuits, Cakes and Cakes, Ices, sugar, honey, treacle and Natural sweeteners
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Yeast, Baking powders, Flour, bean paste, Salt, mustard, vinegar, sauces (condiments), Savory sauces, chutneys and pastes, Curry sauces, Spices, ice, candies, processed cereals, Starch and products made therefrom, Baking preparations and Breakfast cereals
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: snack food products, Snack products, frozen food, Prepared meals and Ready-made meals, All based on rice, cereals and/or pasta and Cereal and energy bars
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Beers and brewery goods, Non-alcoholic beverages, Mineral and aerated waters, Fruit drinks and fruit juices, vegetable juices, smoothies, Syrups and other non-alcoholic preparations for making beverages, effervescing beverages, Energy beverages, sports drinks and Soft drinks
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following goods: Alcoholic beverages, Not including beer, Alcoholic preparations for making beverages, Fortified wine, liquors, port, Cognac, Aperitifs, Pre-mixed alcoholic beverages, not based on beers, Wine, cider, Champagne, Fortified wines and Sparkling wine
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, in relation to the following fields: Merchandising
Organisation of events for commercial and advertising purposes
Provision of commercial information
Compilation and management of data files
Dissemination of leaflets, Distribution of pamphlets and Distribution of posters
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet
None of the aforementioned related to financial or insurance services.
The mark was filed in class 39 with following description of goods:
Transport
Tour organising
Arrangment of travel, package tours, round trips, day trips, excursions and sightseeing [transport]
Arranging of travel by travel agencies and tour operators
Transport of passengers, goods and luggage
Arranging tourist outings
Booking agency services for sightseeing tours, Booking agency services for tours and booking agency services for sightseeing tours
Reservation of seats
Guiding tourists
Distribution of the following goods: books, Newspapers, Reviews, Magazines, Periodicals, Instructional materials, Publications, texts, Photographs and Posters and other printed matter
Information and consultancy relating to the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Recreational activities
Entertainment services
Arranging educational, entertainment, cultural and recreational events
Organising festivities and parties, Organising receptions, Organising exhibitions, Organization of events, Organization of scholarships, Arranging of congresses, Organisation of conferences, Organisation of seminars, Arranging of workshops, Organisation of symposiums, Organization of meetings and Arranging of other similar events
Entertainment services provided by hotels
Provision of entertainment facilities in hotels
Providing of halls for amusement purposes
Providing of recreation, sport, fitness and swimming facilities
Sports and fitness services
Personal coaching (training)
Sports instruction services
Training in yoga
Education services relating to meditation
Arranging and conducting of cookery courses and cookery workshops
Teaching
Coaching (education)
Providing of training and courses, Including the following fields: Hospitality, Hotels and restaurant industry
Conducting of courses, in the following fields: Hospitality, Hotels and restaurant industry
Practical training [demonstration]
Conducting of courses, Providing of training, further training and continuous training, Including for catering personnel
Providing of training facilities
Training in personal and vocational skills
Provision of careers advice and Providing of advice on direction of studies
Compilation of instructional and teaching methods
Conducting of tests and examinations, And the issuing of certificates and diplomas in this context
Arranging, publishing, issuing and providing of course, training and teaching programmes
Issuing, publishing of the following goods: Lending libraries, Magazines, MAGAZINE, Periodicals, instructional, Newspapers, Leaflets, brochures, Publications, texts, Posters, Photographs and posters, and other printed matter, Including digitally, As well as electronic publications, Audiovisual productions and Multi-media productions
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Preparing and serving meals
Food and drink catering
Catering industry services
Providing temporary accommodation
Hotel services, Resort and bed and breakfast services, Tourist hostels
Coffee bars, tea rooms, cafés, tea shops, bars, grand cafés and restaurants
Food and drink catering
Booking of hotels, rooms, restaurants and accommodation
Provision of accommodation for meetings and Provision of accommodation venues for conferences
Arranging of wedding receptions [venues]
Providing banquet and social function facilities for special occasions
Information and consultancy relating to the aforesaid services
Including the aforesaid services provided via electronic networks, including the Internet.
The mark was filed in class 44 with following description of goods:
Human hygiene and beauty care
Spa services
Beauty salon services, Including performing beauty treatments
Services for the care of the face
Services for the care of the hair
Provision of manicure and pedicure services
Cosmetic treatment services for the body, face and hair
Visagists' services
Hair styling
Services for physical wellbeing (wellness services)
Providing bath houses
Providing of sauna facilities and services
Tanning salon and solarium services
Providing of steam bath facilities and services
Massage
Meditation services
Aromatherapy services
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, including the Internet.