The trademark yo was filed by Yo GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 5, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on July 5, 2021 by Eckes-Granini Group GmbH on Likelihood of confusion. the opponent was represented by Prinz Reuss, Heinrich and its proceedings were handled in German The second opposition filed on June 24, 2021 by United Consortium Netherlands B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ARNOLD & SIEDSMA and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on May 2, 2021. Appointment and Replacement of representative of the trademark registration was recorded on March 22, 2023. Change of name and professional address of the trademark registration was recorded on October 30, 2023.
The Opposition with reference B 003149454 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 26, 2024 by the EUIPO. The Opposition with reference B 003150098 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 9, 2023 by the EUIPO. The Appeal with reference B R0979/2023-1 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on April 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Deodorants and anti-perspirants for personal use
Decorative cosmetics
Preparations for the cleaning, care and beautification of the skin and hair
Tissues impregnated with cosmetic lotions, bath and shower preparations, skin, eye and nail care preparations
Make-up preparations, body mist, anti-ageing preparations, creamy face powder, shower preparations, colour cosmetics for the skin, body and face oils, facial peel preparations for cosmetic use, cleaning masks for the face, skin care preparations, skin cleansers, body cleansers, cosmetic creams and lotions, non-medicated body care preparations, beauty milks, beauty balm creams, beauty care cosmetics, washing creams, perfumes, cosmetics
Perfumery for personal use, Hair lotions
Dentifrices.
The mark was filed in class 5 with following description of goods:
Food supplements
Food supplements
Dietary and nutritional supplements
Dietetic foods adapted for invalids
Dietetic foods adapted for infants
Dietetic substances for babies
Dietary and nutritional supplements
Dietary supplements and dietetic preparations
Dietetic preparations adapted for medical use
Dietetic foods for use in clinical nutrition
Health food supplements for persons with special dietary requirements
Nutritional supplements
Dietary supplemental drinks
Nutritional supplements
Mineral food supplements
Nutraceuticals for use as a dietary supplement
Protein dietary supplements
Food for babies
Food for diabetics
Mineral dietary supplements for humans
Pharmaceutical preparations adapted for medical use
Pharmaceutical preparations for the treatment of menopausal symptoms
Dietetic substances for medical use, dietetic beverages adapted for medical use, medicated herbal based beverages, medicated powder drinks for medical use
Herbal preparations for medical use, Medicated skin care preparations, essential oils (medicated)
Vitamin and mineral preparations and nutritional supplements
Preparations for health care.
The mark was filed in class 14 with following description of goods:
Gemstones, pearls and precious metals, and imitations thereof
Jewellery, precious stones
Horological and chronometric instruments and Namely mechanical watches, Quartz watches or Containing no electronic or digital features.
The mark was filed in class 16 with following description of goods:
Photographs [printed]
Paintings (pictures) framed or unframed
Posters
Calendars
Picture calendars
Wall planners
Appointment books
Stickers [stationery]
Stickers [stationery]
Transfers [decalcomanias]
Bookmarkers
Writing instruments
Paper cardboard
Materials of paper, cardboard and plastic for packaging, not included in other classes
Printed matter of all kinds, in particular books, pamphlets, newspapers, periodicals, comic books, catalogues, prospectuses, programmes, colouring books, address books and magazines
Bookbinding material
Tickets
Greeting cards
Holiday cards
Note cards
Postcards
Cut-out figures of paper or cardboard
Flags of paper
Graphic reproductions of paper or cardboard
Table napkins of paper
Gift wrap of cardboard and paper
Teaching materials [except apparatus]
Paper for writing
Book rests [furniture]
Lithographs.
The mark was filed in class 20 with following description of goods:
Mobiles [decoration]
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Mirrors (silvered glass)
Picture frames
Furniture.
The mark was filed in class 25 with following description of goods:
Articles of clothing including footwear and headgear
Clothing and footwear for yoga practice
Belts [clothing]
Gloves [clothing]
Mittens
Neckties
Bow ties.
The mark was filed in class 29 with following description of goods:
Oils and fats
Vegetable oils for food
Animal oils for food
Processed mushrooms
Nut and seed-based snack bars
Edible seeds
Seeds, prepared
Meat extracts
Preserved, dried and cooked fruits and vegetables
Milk and milk products
Milk beverages, milk predominating
Tofu.
The mark was filed in class 35 with following description of goods:
Commercial trading and consumer information services, namely Retail and wholesale services in relation to the following goods: Dietetic preparations and nutritional supplements, oils and greases, Processed fungi, Seeds, Flavourings, Flavourings
Commercial trading and consumer information services, namely Retail and wholesale services in relation to the following goods: Preparations made from cereals, Sugar, Flour and preparations made from cereals, bread, salad dressings, Sandwiches, Sushi, Tacos, Pasta, Honey, Vinegar, sauces (condiments), Spices, Natural sweeteners
Online retailing, in relation to the following goods: oils and fats, Processed fungi, Seeds, Flavourings and Flavourings
Online retailing in relation to the following goods: Preparations made from cereals, Sugar, Flour and preparations made from cereals, bread, salad dressings, Sandwiches, Sushi, Tacos, Pasta, Honey, Vinegar, sauces, condiments, spices, Natural sweeteners
Online retail store services relating to cosmetic and beauty products
Retailing relating to household fragrances
Retail services in relation to tapers
Online retail services relating to cosmetics
Online retailing relating to household fragrances
Online retail services in relation to candles
Retailing of cosmetics and beauty preparations via virtual reality and augmented reality
Retailing of household fragrances via virtual reality and augmented reality
Retailing of candles via virtual reality and augmented reality
Retailing of cosmetics and beauty preparations in a virtual environment
Retailing of cosmetics and household fragrances in a virtual environment
Retailing of candles in a virtual environment
Advertising services relating to cosmetics
Loyalty scheme services
Administration of consumer loyalty programs
Design of advertising materials
Bill-posting
Consultancy regarding public relations communication strategies
Demonstration of goods
Dissemination of advertising matter
Direct mail advertising
Rental of advertising space
Marketing
Layout services for advertising purposes
Advertising
Publication of printed matter for advertising purposes
Online advertising on a computer network
Writing of publicity texts
Commercial information and advice for consumers in the choice of products and services
Administrative processing of purchase orders
Presentation of goods on communication media, for retail purposes
Marketing research in the fields of cosmetics, perfumery and beauty products.
The mark was filed in class 38 with following description of goods:
Radio and television broadcasting, Solely relating to the following fields:,Beauty care, Cosmetics, Consumption and Novelty goods, Cable television broadcasting services and Radio broadcasts, In particular including via the internet or a global network, and in electronic or computer-aided form
Providing and operation of forums on the internet or a global network
Electronic transmission of downloadable publications for entertainment purposes in the field of beauty care, cosmetics, nutrition and fashion goods
Rental of access time to computer networks featuring multimedia content for entertainment purposes, other than games
Streaming of video material on the internet
Streaming podcasts solely in the field of beauty care, cosmetics, nutrition and fashion goods on the internet
Telecommunications relating to the operation of an internet portal for the providing of information in the field of beauty care, cosmetics, nutrition and fashion goods.
The mark was filed in class 41 with following description of goods:
Coaching relating to the following fields:,Beauty care, Cosmetology, nutrition and Fashion clothing
Vocational guidance and coaching relating to the following fields:,Beauty care, Cosmetology, nutrition and Fashion clothing
Training and Continuous training relating to the following fields:,Beauty care, Cosmetology, nutrition and Fashion clothing
Arranging of continuous and further training courses in the field of beauty care, cosmetics, nutrition and fashion goods
Providing of information relating to continuous training via the internet relating to the following fields:,Beauty care, Cosmetology, nutrition and Fashion clothing
Television and radio entertainment solely in the field of beauty care, cosmetics, nutrition and fashion goods
Providing of training and further training, for others, in the field of beauty care and cosmetics, nutrition and Fashion clothing, In particular theoretical and practical instruction in the use of care preparations (cosmetics), In particular being care and decorative cosmetics
Arranging, organising and conducting of concerts, sports, shows, music, entertainment, stage, cabaret, theatre and live events in the field of television and radio, solely in the field of beauty care, cosmetics, nutrition and fashion goods