The trademark MACCA BEAUTY MEETS SCIENCE was filed by ETHICAL COSMETIC DIVISION S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on March 22, 2021, and received one opposition filed on June 24, 2021 by Make-Up Art Cosmetics Inc. 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 June 24, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0210/2023-2 was Application rejected according to Article 8(5) EUTMR with decision issued on August 24, 2023 by the EUIPO. The Opposition with reference B 003149502 was refused according to Article 8(5) EUTMR with decision issued on December 1, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Tonics [cosmetic]
Cosmetic soaps
Cosmetics and cosmetic preparations
Oils for cosmetic purposes
Cosmetic dyes
Powder for make-up
Functional cosmetics
Natural cosmetics
Organic cosmetics
Sun-tanning gels
Cosmetic face powders
Mineral oils [cosmetic]
Skin masks [cosmetics]
Non-medicated cosmetics
Powder compacts [cosmetics]
After-sun oils [cosmetics]
Body oils [for cosmetic use]
Skin cleansers [cosmetic]
Sun protecting creams [cosmetics]
Make up foundations
Lint for cosmetic purposes
Cosmetics for personal use
Eyebrow cosmetics
Cosmetic preparations for eyelashes
Lip coatings [cosmetic]
Nail varnish remover [cosmetics]
Self-tanning preparations [cosmetics]
Cleaner for cosmetic brushes
Lip protectors [cosmetic]
Lacquer for cosmetic purposes
Emollient preparations [cosmetics]
Lip stains [cosmetics]
Nail cosmetics
Fluid creams [cosmetics]
Colour cosmetics
Decorative cosmetics
Cosmetic body scrubs
Sun blocking preparations [cosmetics]
Cosmetics containing keratin
Exfoliating scrubs for cosmetic purposes
Cosmetics for the use on the hair
Self tanning creams [cosmetic]
Nail hardeners [cosmetics]
Moisturising body lotion [cosmetic]
Henna for cosmetic purposes
Face packs
Concealers
Cosmetics in the form of creams
Cosmetics in the form of gels
Beauty care cosmetics
Liners [cosmetics] for the eyes
Cosmetics in the form of lotions
Cosmetics in the form of rouge
Body paint for cosmetic purposes
Facial moisturisers [cosmetic]
Cosmetics in the form of milks
Tissues impregnated with cosmetics
Cosmetic preparations for body care
Cosmetic preparations for use as aids to slimming
Colour cosmetics for the skin
Moisturising skin lotions [cosmetic]
Facial peel preparations for cosmetic use
Body and facial gels [cosmetics]
Cosmetic pencils for cheeks
Cosmetic products for the shower
Lip cosmetics
Cosmetics for use in the treatment of wrinkled skin
Cosmetics in the form of eye shadow
Anti-aging moisturizers used as cosmetics
Non-medicated cosmetics and toiletry preparations
Sets of cosmetic oral care products
Cosmetic preparations for the care of mouth and teeth
Slimming aids [cosmetic], other than for medical use.
The mark was filed in class 35 with following description of goods:
Commercial information and advice services for consumers in the field of cosmetic products
Retail services connected with the sale of subscription boxes containing cosmetics
Online retail store services relating to cosmetic and beauty products
Online advertisements
Provision of on-line business and commercial information
Online advertising on a computer network
Wholesale services in relation to toiletries
Wholesale services in relation to beauty implements for humans
Business management of wholesale and retail outlets.