The trademark Rosenkind was filed by Horst Burgstaller, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 22, 2021, and received one opposition filed on June 22, 2021 by Rosense Kozmetik ve Gida Ürünleri Sanayi ve Ticaret Anonim Sirketi on Likelihood of confusion. the opponent was represented by HILD & KOLLEGEN and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 22, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2022.The first Cancellation was filed by Alpine Naturprodukte GmbH (represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB) on August 11, 2024 and Adversarial proceedings are ongoing.
Relative errors of the trademark registration was recorded on December 21, 2022. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on August 13, 2024. Appointment and Replacement of representative of the trademark registration was recorded on August 13, 2024.
The Opposition with reference B 003149287 was rejected according to Article 8(1)(b) EUTMR with decision issued on September 14, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Shampoos
Refill packs for shampoo dispensers
Dandruff shampoo
Non-medicated shampoos
Shampoos for pets [non-medicated grooming preparations]
Shampoos for human hair
Shampoos for vehicles
Hair care creams
Shaving cream
Pre-shave creams
Hair creams
Beauty lotions
Bubble bath
Aromatherapy lotions
Fragrances
Aromatics for fragrances
Non-medicated diaper rash cream
Aromatherapy creams
Scented body lotions and creams
Cosmetic creams and lotions
Skin cream
Perfumed creams
Creams for firming the skin
Hand creams
Refill packs for shower gel dispensers
Shower and bath foam
Laundry detergents for household cleaning use
Perfumes
Shower and bath gel
Laundry preparations
Cosmetic facial lotions
Moist wipes impregnated with a cosmetic lotion
Hair spray
Shower gels
Powder compact refills [cosmetics]
Cosmetics
Sun care preparations
Moisturising preparations
Sun protecting creams [cosmetics]
Facial washes [cosmetic]
Emollient preparations [cosmetics]
Creams for tanning the skin
Skin care lotions [cosmetic]
Nail base coat [cosmetics]
Sun blocking preparations [cosmetics]
Sun bronzers
Cosmetics containing hyaluronic acid
Suntan lotion [cosmetics]
Dentifrices and mouthwashes
Eau de Cologne
Toilet water
Eau de parfum
Antiperspirants [toiletries]
Deodorants for personal use [perfumery]
Deodorants and antiperspirants
Deodorants for body care
Non-medicated antiperspirants
Deodorants for human beings
Body deodorants [perfumery]
Personal deodorants
Deodorants for pets
Deodorants for the feet
Pomanders [aromatic substances]
Rinsing agents for laundry
Detergent soap
Laundry soap
Fabric softeners
Fabric softeners for laundry use
Detergents for machine dishwashing
Washing agents for textiles
Detergents for automobiles
Bleaching preparations and other substances for laundry use
Stain removers
Destainers
Stain removing agents
Adhesive removers
Cleaning compositions for spot removal
Paint stripping preparations
Exfoliants for the cleansing of the skin
Liquid soap for dish washing
Dishwasher powder
Dishwashing detergents
Dishwasher tablets
Dishwasher detergents
Polishing stones
Perfumed tissues
Impregnated cloths for cosmetic use
Tissues impregnated with make-up removing preparations
Cloths impregnated with a detergent for cleaning
Wipes impregnated with a skin cleanser
Floor treatment compositions
Furbishing preparations
Floor wax removers [scouring preparations]
Air fragrancing preparations
Aromatherapy preparations
Facial cleansing milk
Wrinkle removing skin care preparations
Toiletries
Pumice stones for use on the body
Lotions for face and body care
Face and body creams
Non-medicated body care preparations
Cosmetic preparations for body care
Soaps for body care
Face and body masks
Non-medicated scalp treatment cream
Dentifrices
Liquid dentifrice
Dentifrice powder
Tooth powder
Solid toothpaste tablets
Non-medicated dentifrices
Tooth gel
Tooth care preparations
Chewable dentifrices
Sunscreen preparations
Sunscreen
Sunscreen cream
Barrier creams
Sun creams
Sun-tanning creams and lotions
Suncare lotions
Night cream
Day creams
Eye cream
Body cream
Suntan creams
Moisturising creams
Cuticle cream
Mattifying gel cream
Sanitary preparations being toiletries
Body cleaning and beauty care preparations
Hair grooming preparations
Perfumed body lotions [toilet preparations]
Oral hygiene preparations
Soap
Soaps for household use
Antiperspirant soap
Deodorant soap
Soap for foot perspiration
Handmade soap
Perfumed soaps
Toilet soap
Soap powder
Soaps in gel form
Cosmetic soaps
Granulated soaps
Moist paper hand towels impregnated with a cosmetic lotion
Hair care lotions
Shaving lotion
Toning lotion, for the face, body and hands
Perfumed lotions [toilet preparations]
Milky lotions for skin care
Massage oils and lotions
Exfoliants for the care of the skin
Exfoliants
Scrubbing powder
Exfoliating scrubs for the face
Exfoliating scrubs for the body
Exfoliant creams
Grains for buffing
Concealers
Mascara
Lip glosses
Hair mascara
Liners [cosmetics] for the eyes
Eyebrow mascara
Lipsticks
Long lash mascaras
Nail varnish
Eyelashes
Talcum powder, for toilet use
Eyelid shadow
Powder for make-up
Concealers for spots and blemishes
Eyeliner
Nail varnish removers
Sun protectors for lips
Lip liners
Make-up
Make-up removing milks
Make up foundations
Multifunctional makeup
Makeup setting sprays
Make-up for the face
Compacts containing make-up
Make-up for compacts
Toilet cleaners.
The mark was filed in class 5 with following description of goods:
Elixirs for preventing chills
Elixirs for relieving chills
Elixirs for psoriasis
Elixirs for preventing throat infections
Elixirs [pharmaceutical preparations]
Elixirs for eczema
Medicated creams for the care of the feet
Anti-itch creams
Antibiotic creams
Nutritional supplements
Food supplements consisting of amino acids
Protein powder dietary supplements
Dietary supplements consisting of vitamins
Food supplements consisting of trace elements
Anti-oxidant food supplements
Folic acid dietary supplements
Wheat dietary supplements
Dietary supplements and dietetic preparations
Protein dietary supplements
Herbal supplements
Nutraceuticals for use as a dietary supplement
Dietary supplemental drinks
Deodorants for upholstery
Deodorants for textiles
Air deodorizing preparations
Bathroom deodorants
Acne creams [pharmaceutical preparations]
Antibacterial wipes
Disinfectants impregnated into tissues
Disinfectants
Disinfectants and antiseptics
Sanitizers for household use
Medicated toiletry preparations
Skin care creams for medical use
Creams (Medicated -) for application after exposure to the sun
Medicated dentifrices
Protective creams (Medicated -)
Moist wipes impregnated with a pharmaceutical lotion