The trademark era zero waste was filed by Zero Waste Era CK UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 29, 2021, and received one opposition filed on September 29, 2021 by New Era Cap Co., Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by WITHERS & ROGERS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 29, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Animal grooming preparations
Tailors' and cobblers' wax
Cleaning and fragrancing preparations
Toiletries
Essential oils and aromatic extracts
Cosmetics
Massage gels, other than for medical purposes
Cosmetic kits
Balms, other than for medical purposes
Aloe vera preparations for cosmetic purposes
Oral hygiene preparations
Perfumery and fragrances
Body cleaning and beauty care preparations
Make-up preparations
Household fragrances
Soaps and gels
Laundry preparations
Leather and shoe cleaning and polishing preparations
Skin, eye and nail care preparations
Hair preparations and treatments
Vehicle cleaning preparations
Hair removal and shaving preparations
Deodorants and antiperspirants
Bath preparations
Make-up removing preparations
Breath freshening preparations for personal hygiene
Essential oils
Eyebrow cosmetics
Bath preparations, not for medical purposes
Pumice stone
Laundry bleach
Bleaching preparations [decolorants] for cosmetic purposes
Bleaching soda
Polish for furniture and flooring
Deodorants for human beings or for animals
Sachets for perfuming linen
Depilatory preparations
Colorants for toilet purposes
Color-removing preparations
Shining preparations [polish]
Hair dye
Hair lotion
Hair spray
Conditioning preparations for the hair
Adhesives for cosmetic purposes
Collagen preparations for cosmetic purposes
Cosmetic pencils
Skincare cosmetics
Skin lotion
False nails
Lipstick
Lip gloss
Lotions for cosmetic purposes
Cloths impregnated with a detergent for cleaning
Tissues impregnated with cosmetic lotions
Unblocking drain pipes (Preparations for -)
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Mouthwashes, not for medical purposes
Nail varnish removers
Nail polish
Nail care preparations
Oils for toilet purposes
Oils for cosmetic purposes
Oils for cleaning purposes
Perfumery
Perfume
Polishing preparations
Scouring and abrasive preparations
Dry-cleaning preparations
Furbishing preparations
Shaving preparations
Cleansing milk for toilet purposes
Cosmetic masks
Boot cream
Shoe polish
Soaps
Shampoo
Sunscreen preparations
Cosmetics for animals
Laundry soaking preparations
Cotton sticks for cosmetic purposes
Dentifrices
Fabric softeners
Smoothing preparations [starching]
Starch for laundry purposes
Laundry blue
Fabric softener for laundry
Anti-static dryer sheets
Laundry liquids
Rinsing agents for laundry
Laundry balls containing laundry detergent
Soap powder
Laundry additives for water softening.
The mark was filed in class 5 with following description of goods:
Absorbent articles for personal hygiene
Pharmaceuticals and natural remedies
Nappies for babies and incontinents
Baby food
Feminine hygiene products
Deodorizers and air purifiers
Diagnostic preparations and materials
Disinfectants and antiseptics
Dietary supplements and dietetic preparations
Hygienic preparations and articles
Medicated and sanitising soaps and detergents
Dietary supplements for animals
Pest control preparations and articles
Medical dressings, coverings and applicators
Dental preparations and articles, and medicated dentifrices
Evacuants
Lice treatment preparations [pediculicides]
Anti-bacterial soap
Antiseptics
Appetite suppressant pills
Medicines for human purposes
Medicines for veterinary purposes
Asthmatic tea
Babies' diaper-pants
Infant formula
Babies' diapers
Bath preparations for medical purposes
Fibre (Dietary -)
Balsamic preparations for medical purposes
Bandages for dressings
Tranquillizers
Medicated candy
Chemico-pharmaceutical preparations
Pregnancy (Chemical preparations for the diagnosis of -)
Chemical preparations for medical purposes
Chemical preparations for veterinary purposes
Chemical preparations for pharmaceutical purposes
Sanitary towels
Deodorants for clothing and textiles
Disinfectants
Disinfectants for hygiene purposes
Disinfectant soap
Diagnostic preparations
Dietetic beverages adapted for medical purposes
Dietetic substances adapted for medical use
Dietetic foods adapted for medical use
Albuminous preparations for medical purposes
Enzyme preparations for medical purposes
Febrifuges
Fly destroying preparations
Fly catching paper
Fungicides
First-aid boxes, filled
Adhesive plasters
Remedies for foot perspiration
Corn remedies
Corn rings for the feet
Dog washes [insecticides]
Insecticides
Insect repellents
Personal sexual lubricants
Camphor for medical purposes
Cachets for pharmaceutical purposes
Capsules for medicines
Chewing gum for medical purposes
Adhesive bands for medical purposes
Compresses
Herbal extracts for medical purposes
Herbal teas for medicinal purposes
Solutions for contact lenses
Lotions for pharmaceutical purposes
Magnesia for pharmaceutical purposes
Mice (Preparations for destroying -)
Beverages adapted for medicinal purposes
Medicinal herbs
Medicinal infusions
Medicated soap
Medicinal tea
Medicated toiletry preparations
Medicated dentifrices
Powdered milk for babies
Mineral food supplements
Burns (Preparations for the treatment of -)
Acne treatment preparations
Callouses (Preparations for -)
Air deodorising preparations
Sanitary pants
Mud for baths
Mothproofing preparations
Mouthwashes for medical purposes
Nutritional supplements
Nervines
Nicotine patches for use as aids to stop smoking
Medicinal oils
Lozenges for pharmaceutical purposes
Pharmaceuticals
Pharmaceutical preparations
Rat poison
Fumigating pastilles
Contact lens cleaning preparations
Medicine cases, portable, filled
Ointments for pharmaceutical purposes
Soporifics
Serums
Panty liners
Sunburn ointments
Breast nursing pads
Tampons
Bath (Therapeutic preparations for the -)
Animal washes [insecticides]
Herbicides
Vermin destroying preparations
Vaginal washes for medical purposes
Petroleum jelly for medical purposes
Dressings, medical
Surgical dressings
Digestives for pharmaceutical purposes
Veterinary preparations
Vitamin preparations
Wart pencils
Diapers for pets
Nappies of paper for incontinents
Disposable napkins for incontinents
Pant liners for incontinents
Disposable nappies made of cellulose for incontinents.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Advertising, marketing and promotional consultancy, advisory and assistance services
Advertising and marketing services provided by means of blogging
Loyalty, incentive and bonus program services
Public relations services
Product demonstrations and product display services
Distribution of advertising, marketing and promotional material
Provision of advertising space, time and media
Marketing studies
Collection and systematization of business data
Cost price analysis
Online advertisements
Online retail store services relating to cosmetic and beauty products
Arranging commercial transactions, for others, via online shops
Provision of an on-line marketplace for buyers and sellers of goods and services
Procurement of contracts [for others]
Procurement of contracts for others relating to the sale of goods
Arranging of contracts for others for the buying and selling of goods
Arranging of contracts, for others, for the providing of services
Retailing and wholesaling in the fields of body care preparations, body cleansing and body care preparations, perfumery and fragrances, oral hygiene preparations, make-up, soaps and gels, bath and shower preparations, deodorants and antiperspirants, skin care preparations, hair preparations and hair treatments, depilatory and shaving preparations, animal care preparations, cleaning and fragrancing preparations, fuels and illuminants, dietetic preparations and nutritional supplements, food for babies
Retailing and wholesaling in the fields of sanitary preparations and articles, materials for dressings, medical covering materials and applicators, medicines and natural remedies, pregnancy tests, hygienic and beauty implements for human beings and animals, hair styling apparatus, manicure and pedicure apparatus, hair cutting and hair removal apparatus, shaving apparatus, utensils for preparing foodstuffs, kitchen utensils, kitchen knives and tableware, recorded data
Retailing and wholesaling in the fields of massage apparatus, lighting, works of art and figurines of paper or cardboard, and architectural models, decorative and artistic materials and media, packing and storage purposes of paper or cardboard, stationery, and instructional and teaching materials
Retailing and wholesaling in the fields of adhesives for stationery or household purposes, printed matter, paper and cardboard, disposable paper articles, packing and storage purposes of paper or cardboard or plastic, furniture and furnishings, beds, bedding, mattresses, cushions and pads, animal houses and beds, decorations, gardening articles
Retailing and wholesaling in the fields of brushes, brooms and brush-making materials, dishes, cooking pot sets and containers, glasses, drinking vessels, cutlery, kitchenware and bar accessories, cleaning apparatus and articles for cleaning purposes, cosmetic and toilet utensils, and bathroom articles, animal husbandry articles, sewing machines
Retailing and wholesaling in the fields of sewing articles, yarns, textiles and decorative textile articles, hair decorations, hair curlers, hair fastening articles and false hair, food, foodstuffs, animal foodstuffs and animal requisites, beverages, tobacco products, smokers' articles, insect repellent and articles
Retailing and wholesaling in the fields of parts and fittings for vehicles, in particular child seats, sunscreen and care articles, mobile telephone accessories and pre-paid cards
Commercial services and consumer information in the field of cleaning and fragrancing preparations, body care preparations, beauty care preparations, cleaning preparations, sanitary preparations and articles, medicines and natural remedies, food for babies, nappies for babies and incontinence, dietary supplements, cosmetic and toilet utensils, and bathroom articles.