The trademark CELPEN was filed by Weimako GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 25, 2021, and received one opposition filed on October 20, 2021 by ELPEN PHARMACEUTICAL Co. Inc. on Likelihood of confusion. the opponent was represented by Karakatsanis, Georgios and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 20, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Perfumery
Cosmetics, Especially Pencils with cosmetic materials or dyes, Eyebrow pencils, Lipsticks, Lipgloss pencils, Lip care pencils, Lip liners, Cosmetic pencils, Cosmetic correction pencils, cosmetic eyelash pencils, make-up pencils, mascara pencils, Eyeshadow pencils, Eye liner, Contour pencils, Khol pencils, Eye pencils
Pencils for cosmetic materials or dyes
Pencil sleeves, holds, in relation to the following goods, Eyebrow pencils
Lipsticks
Lipgloss pencils
Lip care pencils
Lip liners
Cosmetic pencils
Corrector pencils for cosmetic purposes
Cosmetic eyelash pencils
Make-up pencils
Mascara pencils, Eyeshadow pencils
Eye liner
Contour pencils
Khol pencils
Eye pencils.
The mark was filed in class 9 with Stylus pens, In relation to the following goods, Monitors, Touch-sensitive areas, Interfaces for computers and Sleeves and handles for styluses, In relation to the following goods, Monitors, Touch-sensitive areas, Interfaces for computers..
The mark was filed in class 16 with Stationery, Artists' and drawing materials, Paint brushes, Sleeves or handles with materials or dyes for writing, drawing or painting In particular Pen, Pencils and pencil cases, Marking pens [stationery], Pastels [crayons], Ink sticks, Ink erasers and Sleeves for pens, Pencils, Pencil holders, Marking pens [stationery], Pastels [crayons], Ink sticks, Ink erasers, Handles for paint brushes, Pen cases, Refills for ballpoint pens, sleeves or handles with materials or dyes for writing, drawing or painting..
The mark was filed in class 21 with following description of goods:
Paintbrushes, for household use
Pods, Handles, in relation to the following goods, Paintbrushes, for household use
Make-up brushes
Make-up brushes
Cosmetic eye pencils
Lip brushes, For use as cosmetics
Paint brush handles.
The mark was filed in class 40 with following description of goods:
Material processing services, Treatment of materials, By means of extrusion, In particular, Using renewable raw materials
Information, in relation to the following fields, Treatment of materials, In particular, Treatment and processing of wood and plastics, materials containing wood
Information, in relation to the following fields, Treatment of materials by means of injection moulding and extrusion.