The trademark Fairy Fog was filed by Shenzhen Waterwood Biological Technology Co, LTD, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on March 30, 2021, and received one opposition filed on June 20, 2021 by The Procter & Gamble Company on Likelihood of confusion. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 20, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in horticulture
Chemicals used in science
Chemicals used in forestry
Chemicals for use in photography
Chemicals for use in industry
Chemicals for use in agriculture
Unprocessed artificial resins
Unprocessed plastics
Fire extinguishing and fire prevention compositions
Tempering preparations
Soldering preparations
Substances for tanning animal skins and hides
Adhesives for use in industry
Putties and other paste fillers
Compost, manures, fertilizers
Biological preparations for use in industry and science.
The mark was filed in class 2 with following description of goods:
Paints
Varnishes
Lacquers
Preservatives against rust
Preservatives against deterioration of wood
Colorants
Dyes
Inks for printing, marking and engraving
Raw natural resins
Metals in foil and powder form for use in painting, decorating, printing and art.
The mark was filed in class 3 with Non-medicated cosmetics and toiletry preparations, namely skin care products with the exclusion of soaps, body scents and perfumes, body sprays.
The mark was filed in class 4 with following description of goods:
Lubricants and industrial greases, waxes and fluids
Lubricants
Dust absorbing, wetting and binding compositions
Fuels and illuminants
Candles and wicks for lighting.
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations, namely eye drops
Dietetic food adapted for veterinary use
Dietetic food adapted for medical use
Dietetic substances adapted for medical use
Dietetic substances adapted for veterinary use
Food for babies
Dietary supplements for human beings and animals
Plasters, materials for dressings
Material for stopping teeth
Dental wax.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Ores
Metal materials for building and construction
Transportable buildings of metal
Non-electric cables and wires of common metal
Small items of metal hardware
Metal containers for storage or transport
Safes.
The mark was filed in class 7 with following description of goods:
Machines for use in assembly
Machine tools
Power-operated tools
Motors and engines, except for land vehicles
Machine coupling and transmission components, except for land vehicles
Agricultural implements, other than hand-operated hand tools
Incubators for eggs
Automatic vending machines.
The mark was filed in class 8 with following description of goods:
Hand tools and implements, hand-operated
Cutlery
Side arms, except firearms
Razors.
The mark was filed in class 9 with following description of goods:
Photographic apparatus and instruments
Cinematographic machines and apparatus
Optical apparatus and instruments
Weighing apparatus and instruments
Surveying apparatus and instruments
Measuring apparatus and instruments
Signalling apparatus and instruments
Life-saving apparatus and instruments
Scientific apparatus and instruments
Teaching apparatus and instruments
Audiovisual apparatus and instruments
Detecting apparatus and instruments
Testing apparatus and instruments
Inspecting apparatus and instruments
Research apparatus and instruments
Navigation apparatus and instruments
Apparatus and instruments for controlling electricity
Apparatus and instruments for accumulating electricity
Apparatus and instruments for switching electricity
Apparatus and instruments for transforming electricity
Apparatus and instruments for regulating electricity
Apparatus and instruments for conducting electricity
Sound transmitting apparatus
Sound reproduction apparatus
Sound recording apparatus
Apparatus and instruments for processing sound
Image recording apparatus
Image transmitting apparatus
Image reproducing apparatus
Image processing apparatus
Apparatus for recording data
Data transmitting apparatus
Apparatus and instruments for reproducing of data
Data processing apparatus
Recorded media
Downloadable media
Computer software
Blank digital recording media
Blank digital storage media
Blank analogue recording media
Blank analogue storage media
Mechanisms for coin-operated apparatus
Cash registers
Calculating devices
Computers
Computer peripheral devices
Diving suits
Divers' masks
Ear plugs for divers
Nose clips for divers and swimmers
Gloves for divers
Breathing apparatus for underwater swimming
Fire-extinguishing apparatus.
The mark was filed in class 10 with following description of goods:
Veterinary apparatus and instruments
Surgical apparatus and instruments
Dental apparatus and instruments
Medical apparatus and instruments
Artificial limbs
Artificial teeth
Artificial eyes
Orthopaedic articles
Suture materials
Therapeutic and assistive devices adapted for persons with disabilities
Massage apparatus
Apparatus, devices and articles for nursing infants
Sexual activity apparatus, devices and articles.
The mark was filed in class 11 with following description of goods:
Apparatus for lighting
Lighting installations
Apparatus for heating
Heating installations
Cooling apparatus
Cooling installations
Steam generating installations
Steam generating apparatus
Cooking apparatus
Cooking installations
Drying apparatus
Drying installations
Ventilating apparatus
Ventilating installations
Water supply apparatus
Water supply installations
Sanitary apparatus and installations.
The mark was filed in class 12 with Vehicles and apparatus for locomotion by land, air or water..
The mark was filed in class 13 with following description of goods:
Firearms
Ammunition and projectiles
Explosives
Fireworks.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Semi-precious stones
Jewellery
Precious stones
Horological instruments
Chronometric instruments.
The mark was filed in class 15 with following description of goods:
Musical instruments
Music stands
Stands for musical instruments
Conductors' batons.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs
Stationery
Office requisites, except furniture
Adhesives for stationery or household purposes
Drawing materials
Materials for artists
Paintbrushes
Instructional and teaching materials
Plastic sheets for wrapping and packaging
Plastic films for wrapping and packaging
Plastic bags for wrapping and packaging
Printers' type
Printing blocks.
The mark was filed in class 17 with following description of goods:
Unprocessed and semi-processed rubber
Substitutes for unprocessed and semi-processed rubber
Unprocessed and semi-processed gutta-percha
Substitutes for unprocessed and semi-processed gutta-percha
Unprocessed and semi-processed gum
Substitutes for unprocessed and semi-processed gum
Unprocessed and semi-processed asbestos
Substitutes for unprocessed and semi-processed asbestos
Unprocessed and semi-processed mica
Substitutes for unprocessed and semi-processed mica
Plastics in extruded form for use in manufacture
Resins in extruded form for use in manufacture
Packing materials
Stopping materials
Insulating materials
Flexible pipes, tubes, hoses, and fittings therefor, including valves, non-metallic.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins and hides
Luggage
Carrying bags
Umbrellas and parasols
Walking sticks
Whips
Harness
Saddlery
Leashes for animals
Collars of animals
Clothing for animals.
The mark was filed in class 19 with following description of goods:
Materials, not of metal, for building and construction
Rigid pipes, not of metal, for building
Asphalt, pitch, tar and bitumen
Transportable buildings, not of metal
Monuments, not of metal.
The mark was filed in class 20 with following description of goods:
Furniture
Mirrors (silvered glass)
Picture frames
Containers, not of metal, for storage or transport
Unworked or semi-worked bone
Horn, unworked or semi-worked
Whalebone, unworked or semi-worked
Mother-of-pearl, unworked or semi-worked
Shells
Meerschaum
Yellow amber.
The mark was filed in class 21 with following description of goods:
Containers for household or kitchen use
Household or kitchen utensils
Cookware and tableware, except forks, knives and spoons
Combs
Sponges
Brushes, except paintbrushes
Brush-making materials
Articles for cleaning purposes
Unworked or semi-worked glass, except building glass
Glassware
Porcelain
Earthenware.
The mark was filed in class 22 with following description of goods:
Ropes and string
Nets
Tents
Tarpaulins
Awnings of textile or synthetic materials
Sails
Sacks for the transport and storage of materials in bulk
Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
Raw fibrous textile materials and substitutes for raw fibrous textile materials.
The mark was filed in class 23 with Yarns and threads for textile use.
The mark was filed in class 24 with following description of goods:
Textiles and substitutes for textiles
Household linen
Curtains of textile or plastic.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 26 with following description of goods:
Lace
Braid
Embroidery
Haberdashery ribbons
Haberdashery bows
Buttons
Hooks and eyes
Pins
Needles
Artificial flowers
Hair decorations
False hair.
The mark was filed in class 27 with following description of goods:
Carpets
Rugs
Mats
Matting
Linoleum
Coverings for existing floors
Wall hangings, not of textile.
The mark was filed in class 28 with following description of goods:
Games
Toys
Playthings
Video game apparatus
Gymnastic and sporting articles
Decorations for Christmas trees.
The mark was filed in class 29 with following description of goods:
Game, not live
Fish, not live
Poultry
Meat
Meat extracts
Frozen vegetables
Preserved vegetables
Vegetables, dried
Vegetables, cooked
Fruit, preserved
Dried fruit
Frozen fruits
Cooked fruits
Jellies for food
Jams
Compotes
Eggs
Milk
Cheese
Butter
Yogurt
Milk products
Oils and fats for food.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Artificial coffee
Rice
Pasta
Noodles
Tapioca
Sago
Flour
Preparations made from cereals
Bread
Pastries
Confectionery
Chocolate
Ice cream
Sorbets
Edible ice
Sugar, honey, treacle
Yeast
Baking-powder
Salt
Seasonings
Spices
Preserved herbs
Vinegar
Sauces
Condiments
Ice (frozen water).
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural products
Raw and unprocessed aquacultural products
Raw and unprocessed horticultural products
Raw and unprocessed forestry products
Raw and unprocessed grains
Raw and unprocessed seeds
Fresh fruits, nuts, vegetables and herbs
Natural plants and flowers
Seeds, bulbs and seedlings for plant breeding
Live animals
Beverages for animals
Foodstuffs for animals
Malt.
The mark was filed in class 32 with following description of goods:
Beers
Non-alcoholic beverages
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages, except beers and alcoholic preparations for making beverages..
The mark was filed in class 34 with following description of goods:
Tobacco and tobacco substitutes
Cigarettes
Cigars
Electronic cigarettes
Oral vaporizers for smokers
Smokers' articles
Matches.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business organisation
Business administration
Office functions.
The mark was filed in class 36 with following description of goods:
Financial, monetary and banking services
Insurance services
Real estate affairs.
The mark was filed in class 37 with following description of goods:
Construction services
Installation services of air conditioning apparatus
Repair and maintenance of air conditioning apparatus
Installation services of computer hardware
Repair and maintenance of computer hardware
Mining extraction
Oil and gas drilling.
The mark was filed in class 38 with Telecommunications services.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement.
The mark was filed in class 40 with following description of goods:
Treatment of toxic material
Treatment of hazardous materials
Treatment of waste materials
Treatment of materials using chemicals
Recycling of waste and trash
Air purification
Treatment of water
Printing services
Food and drink preservation.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities.
The mark was filed in class 42 with following description of goods:
Technological research
Scientific services and design relating thereto
Technological services and design relating thereto
Scientific research
Industrial analysis services
Industrial research
Industrial design services
Quality control and authentication services
Design and development of computer hardware and software.
The mark was filed in class 43 with Services for providing food and drink and temporary accommodation..
The mark was filed in class 44 with following description of goods:
Medical services
Veterinary services
Human hygiene and beauty care
Hygienic and beauty care for animals
Agriculture, aquaculture, horticulture and forestry services.
The mark was filed in class 45 with following description of goods:
Legal services
Security services for the physical protection of tangible property and individuals
Providing personal support services for families of patients with life threatening disorders