The trademark DIARKO was filed by Diarko srl, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 7, 2021, and received one opposition filed on July 7, 2021 by EVYAP SABUN YAG GLISERIN SANAYI VE TICARET ANONIM SIRKETI on Likelihood of confusion. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 7, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R2281/2022-4 was Application allowed according to Article 8(1)(b) EUTMR with decision issued on June 27, 2023 by the EUIPO. The Opposition with reference B 003150265 was rejected according to Article 8(1)(b) EUTMR with decision issued on September 21, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 8 with following description of goods:
Body art tools
Hair cutting and removal implements
Hair styling appliances
Manicure and pedicure tools
Artificial eyelash tweezers
Clippers for personal use [electric and non electric]
Cuticle scissors
Ear-piercing needles
Electric eyelash curlers
Electric hair crimper
Electric hair straightening irons
Electric irons
Electric irons for styling hair
Electric steam irons
Electronic devices used to exfoliate skin
Eyelash curlers
Eyelash separators
Farriers' knives
Flat irons
Hackles [hand tools]
Hair clippers
Hand tools for exfoliating skin
Hand tools for removing hardened skin
Hand-operated apparatus for the cosmetic care of eyebrows
Hand-pumped sprayers
Tweezers
Trimming knives
Temperature controlled electric flat irons
Stripping knives
Sprays [hand-operated tools]
Shears [hand operated tools]
Shears
Shearers [hand instruments]
Shear blades
Scissors
Scissor holders
Pedicure implements
Manual clippers
Hand tools for use in beauty care
Lifting tools
Emergency and rescue hand tools.
The mark was filed in class 11 with following description of goods:
Air cleaning instruments
Frying machines
Industrial dishdrying machines.
The mark was filed in class 14 with following description of goods:
Gems
Agate [unwrought]
Agates
Alloys of precious metal
Artificial stones [precious or semi-precious]
Beads for making jewellery
Cabochons for making jewellery
Chalcedony
Cubic zirconia
Cultured pearls
Cut diamonds
Diamond [unwrought]
Diamonds
Emeralds
Gold
Gold alloy ingots
Gold alloys
Gold ingots
Gold thread [jewellery]
Gold, unwrought or beaten
Imitation gold
Imitation jet
Imitation pearls
Imitation precious stones
Ingots of precious metals
Iridium
Precious metal alloys [other than for use in dentistry]
Precious and semi-precious stones
Precious and semi-precious gems
Platinum ingots
Platinum and its alloys
Platinum alloys
Platinum alloy ingots
Platinum [metal]
Pearls made of ambroid [pressed amber]
Pearl
Palladium and its alloys
Palladium
Osmium and its alloys
Osmium
Opal
Olivine [gems]
Natural pearls
Metal wire [precious metal]
Natural gem stones
Marcassites
Jewels
Jet, unwrought or semi-wrought
Jet
Iridium and its alloys
Jades
Spinel [precious stones]
Silver, unwrought or beaten
Silver thread [jewellery]
Silver ingots
Silver bullion
Silver and its alloys
Silver alloy ingots
Silver
Semi-wrought precious stones and their imitations
Semi-worked precious metals
Semi-precious stones
Semi-finished articles of precious stones for use in the manufacture of jewellery
Semi-finished articles of precious metals for use in the manufacture of jewellery
Sardonyx [unwrought]
Sapphires
Ruthenium and its alloys
Ruthenium
Ruby
Rhodium and its alloys
Rhodium
Processed or semi-processed precious metals
Rhinestones for making jewelry
Precious metals, unwrought or semi-wrought
Precious metals and their alloys
Precious metals
Wire thread of precious metal
Unwrought silver alloys
Unwrought silver
Unwrought precious stones
Unwrought and semi-wrought precious stones and their imitations
Topaz
Threads of precious metals
Threads of precious metal [jewellery]
Tanzanite being gemstones
Synthetic precious stones
Spun silver [silver wire].
The mark was filed in class 18 with following description of goods:
Bags for umbrellas
Beach umbrellas [beach parasols]
Combination walking sticks and umbrellas
Covers for parasols
Frames for umbrellas or parasols
Golf umbrellas
Japanese oiled-paper umbrellas (janome-gasa)
Japanese paper umbrellas (karakasa)
Metal parts of umbrellas
Parasols
Patio umbrellas
Plein air umbrellas
Rainproof parasols
Telescopic umbrellas
Umbrella covers
Umbrella handles
Umbrella or parasol ribs
Umbrella rings
Umbrella sticks
Umbrellas
Umbrellas for children.
The mark was filed in class 21 with following description of goods:
Towel rings
Sponges
Body sponges
Bath sponges
Towel bars
Ice scoops [barware]
Glass bars, not for building
Towel rings, not of precious metal
Basins
Basins [receptacles]
Wash basins [receptacles]
Bathroom basins [receptacles]
Towel Baskets
Lotion Containers, Empty, For Household Use
Soap Containers
Shower Gel Dispensers
Paper Towel Dispensers
Toilet Paper Dispensers
Skin Care Cream Dispensers
Hand towel dispensers, other than fixed
Soap Dispensers
Liquid Soap Dispensers
Hand soap dispensers
Toilet brush holders
Towel holders
Cups, not of precious metal
Mugs, not of precious metal
Cruets, not of precious metal
Soap holders
Sponge holders
Toilet paper holders
Mixing machines, non-electric, for household purposes
Polishing apparatus and machines, for household purposes, non-electric