The trademark EYÜP SABRI TUNCER 1923 was filed by E.S.T. Eyüp Sabri Tuncer Kozmetik San. A.S., a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on September 2, 2021, and received one opposition filed on December 1, 2021 by Atlantic GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 1, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 11, 2022.
The Opposition with reference B 003159458 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on January 22, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Abrasives
Animal grooming preparations
Cleaning and fragrancing preparations
Essential oils and aromatic extracts
Tailors' and cobblers' wax
Toiletries
Abrasive compounds
Abrasive preparations
Aromatic plant extracts
Toilet preparations
Toiletry preparations
Body cleaning and beauty care preparations
Oral hygiene preparations
Perfumery and fragrances
Abrasive preparations for use on the body
Adhesives for affixing false hair
Adhesives for cosmetic purposes
Adhesives for cosmetic use
Aloe vera gel for cosmetic purposes
Aloe vera preparations for cosmetic purposes
Amla oil for cosmetic purposes
Baby care products (Non-medicated -)
Balms (Non-medicated -)
Balms other than for medical purposes
Balms, other than for medical purposes
Bergamot oil
Body care cosmetics
Castor oil for cosmetic purposes
Chalk for cosmetic use
Cleaner for cosmetic brushes
Cleaning pads impregnated with cosmetics
Coconut oil for cosmetic purposes
Colour cosmetics for children
Cosmetic cotton wool
Cosmetic-impregnated tissues
Cosmetic kits
Cosmetic massage creams
Cosmetic oils
Cosmetic preparations
Cosmetic preparations for body care
Cosmetic preparations for slimming purposes
Cosmetic preparations for use as aids to slimming
Cosmetics
Cosmetics all for sale in kit form
Cosmetics and cosmetic preparations
Cosmetics containing hyaluronic acid
Cosmetics containing keratin
Cosmetics containing panthenol
Cosmetics for children
Cosmetics for personal use
Cosmetics in the form of oils
Cosmetics preparations
Cotton balls for cosmetic purposes
Cotton buds for cosmetic purposes
Cotton for cosmetic purposes
Cotton puffs for cosmetic purposes
Cotton sticks for cosmetic purposes
Cotton swabs for cosmetic purposes
Cotton wool balls for cosmetic use
Cotton wool buds for cosmetic use
Cotton wool for cosmetic purposes
Cuticle conditioners
Cuticle cream
Cuticle removers
Cuticle removing preparations
Emollient preparations [cosmetics]
Essential oils for cosmetic purposes
Facial preparations
False hair (Adhesives for affixing -)
Foot smoothing stones
Geraniol for cosmetic purposes
Geraniol for cosmetic use
Greases for cosmetic purposes
Hair piece bonding glue
Heliotropin for cosmetic use
Henna
Henna [cosmetic dye]
Henna powders
Humectant preparations [cosmetics]
Impregnated cleaning pads impregnated with cosmetics
Impregnated cleaning pads impregnated with toilet preparations
Impregnated cloths for cosmetic use
Kits (Cosmetic -)
Lacquer for cosmetic purposes
Lint for cosmetic purposes
Lotions (Tissues impregnated with cosmetic -)
Make-up pads of cotton wool
Massage candles for cosmetic purposes
Massage creams, not medicated
Massage gels other than for medical purposes
Massage gels, other than for medical purposes
Massage oil
Massage oils
Massage oils and lotions
Massage oils, not medicated
Massage waxes
Mineral oils [cosmetic]
Mineral water sprays for cosmetic purposes
Moist wipes impregnated with a cosmetic lotion
Nasal cleaning preparations for personal sanitary purposes
Natural cosmetics
Chemical cleaning preparations for household purposes
Chrome cleaners
Chrome polish
Cleaners for litter trays
Cleaning agents for deep freezers
Cleaning agents for glass
Cleaning agents for household purposes
Cleaning agents for metal
Cleaning agents for stone
Cleaning and shining preparations for plant leaves
Cleaning chalk
Cleaning compositions for spot removal
Cleaning fluid for typewriter type
Cleaning fluids
Cleaning fluids for camera lenses
Cleaning preparations
Cleaning preparations for household purposes
Cleaning preparations for use on tiles
Cleaning preparations for use on vehicles
Cleaning preparations for use on masonry
Cleaning preparations for cleansing drains
Cleaning preparations for plant leaves
Cleaning preparations for use in livestock farming
Cleaning preparations for animal cages
Cleaning preparations impregnated into tissues
Cleaning preparations impregnated into pads
Cleaning preparations in the form of foams
Cleaning solutions for dental ultrasonic sterilization apparatus
Cleaning sprays
Cleaning substances for household use
Cleansers for household purposes
Cloths impregnated with a detergent for cleaning
Cloths impregnated with a detergent for cleaning camera lenses
Cloths impregnated with polishing preparations for cleaning
Colorants for toilet purposes
Color-removing preparations
Colour-removing preparations
De-greasing preparations for household purposes
Degreasers for cleaning purposes
Degreasers other than for use in manufacturing processes
Degreasers, other than for use in manufacturing processes
Degreasing preparations for engines
Degreasing preparations for household purposes
Degreasing preparations with a solvent base
Degreasing solvents, other than for use in manufacturing processes
Degreasing sprays
Descalants for household use
Descaling preparations for household purposes
Destainers
Detergent compositions for cleaning golf clubs
Detergent strengtheners
Detergents
Detergents for household use
Detergents other than for use in manufacturing operations and for medical purposes
Detergents, other than for use in manufacturing operations and for medical purposes
Detergents prepared from petroleum
Dewaxing agents for cleaning purposes
Dewaxing preparations
Dishwasher detergents
Dishwasher detergents in gel form
Dishwasher powder
Dishwasher rinsing agents
Dishwasher tablets
Dishwashing detergents
Dishwashing liquid
Dishwashing preparations
Drain and sink unblocking preparations
Drain cleaning preparations
Drying agents for dishwashing machines
Emulsifying solvent cleaners
Eyeglass lens cleaning solutions
Eyeglass wipes impregnated with a detergent
Floor buffing compound
Floor buffing compounds
Floor cleaning preparations
Floor polish
Floor polishes
Floor shining compositions
Floor stripping preparations
Floor treatment compositions
Floor wax
Floor wax remover
Floor wax removers
Floor wax removers [scouring preparations]
Floors (Non-slipping liquids for -)
Floors (Non-slipping wax for -)
Foam cleaning preparations
Foam detergents
Fragrance for household purposes
Fragrances for automobiles
Fruit and vegetable wash
Furbishing preparations
Furniture cleaner
Furniture polish
Furniture polishes
Geraniol for fragrancing
Geraniol fragrancing compounds
Glass cleaners
Glass cleaning preparations
Graffiti removing substances
Grease-removing preparations
Heliotropin fragrancing compounds
Household bleach
Household cleaning substances
Household cleansers
Household detergents
Household fragrances
Hypochloride (Potassium -)
Impregnated cloths for polishing
Impregnated paper tissues for cleaning dishware
Javelle water
Jewellers' rouge
Kettle cleaner
Lacquer removing compositions
Lacquer-removing preparations
Laundry detergents
Laundry powder
Laundry preparations
Lavatory cleaning compositions
Leather and shoe cleaning and polishing preparations
Leaves of plants (Preparations to make shiny the -)
Lime removers
Liquid dishwasher detergents
Liquid floor polishes
Liquid soap for dish washing
Liquids for floors (Non-slipping -)
Litter tray cleaners incorporating a deodorizer
Metal polish
Metal polishes
Mould removing preparations
Natural floor polishes
Natural floor waxes
Natural oils for cleaning purposes
Non-slipping liquids for floors
Non-slipping wax for floors
Oil of turpentine for degreasing
Oils for cleaning purposes
Oven cleaners
Oven cleaners [preparations]
Oven cleaning preparations
Paint remover
Paint removing compositions
Paint removers
Paint removing preparations
Paint stripper
Paint strippers
Paint stripping preparations
Parquet floor wax
Perfumes for cardboard
Perfumes for ceramics
Pet stain removers
Pine oils for cleaning floors
Piperonal fragrancing compounds
Plants (Preparations to make shiny the leaves of -)
Polish
Polish for furniture and flooring
Polish for musical instruments
Polishes
Polishes for guitars
Polishing creams
Polishing powders
Polishing preparations
Polishing preparations for fruits
Polishing rouge
Polishing wax
Potassium hypochloride
Powder for laundry purposes
Powder laundry detergents
Pre-moistened towelettes impregnated with dishwashing detergent
Pre-moistened towelettes impregnated with a detergent for cleaning
Preparations for stripping wax from floors
Preparations for unblocking drain pipes
Preparations for unblocking sinks
Preparations to make shiny the leaves of plants
Window cleaners [polish]
Window cleaning compositions
Windscreen cleaning preparations
Wipes impregnated with a cleaning preparation
Wipes incorporating cleaning preparations
Wiping cloth impregnated with a cleaning preparation for cleaning eye glasses
Wood treatment preparations for polishing
Toilet bowl detergents
Toilet cleaners
Toilet cleaning gels
Turpentine for degreasing
Turpentine, for degreasing
Unblocking drain pipes (Preparations for -)
Upholstery cleaners
Varnish removers
Varnish-removing preparations
Vehicle cleaning preparations
Volatile alkali [ammonia] [detergent]
Volcanic ash for cleaning
Wallpaper cleaning preparations
Washing liquids
Washing powder
Washing preparations
Washing-up detergent
Washing-up liquids
Wax for floors (Non-slipping -)
Wax for parquet floors
Wax (Parquet floor -)
Wax (Polishing -)
Wax stripping preparations
Whitewall cleaners
Window cleaners in spray form
Shiny (Preparations to make the leaves of plants -)
Soap pads
Soap powder
Soap powders
Soaps for household use
Soda lye
Solvents for removing paints
Solvents for removing varnishes
Spirit gum remover
Spot remover
Spot removers [preparations]
Spray cleaners for freshening athletic mouth guards
Spray cleaners for household use
Spray cleaners for use on textiles
Spray polish
Stain removers
Stain removing agents
Stain removing benzine
Stain removing preparations
Stain removing preparations for use on household goods
Starch for cleaning purposes
Sugar soap
Synthetic detergents for clothes
Time-release solid drain detergent
Tissues impregnated with preparations for cleaning
Preparations to make the leaves of plants shiny
Prepared wax for polishing
Reed diffusers
Removers (Floor wax -) [scouring preparations]
Rinse aids
Rouge (Jewellers' -)
Rust removers
Rust removing preparations
Saddle soap
Saddle soaps
Salt crystal removers
Scale removing preparations for household purposes
Scented fabric refresher sprays
Scented fabric refresher spray
Scented linen water
Scouring liquids
Scouring preparations
Scouring solutions
Scouring substances
Scrubbing powder
Shining preparations being polish
Shining preparations for plant leaves
Shining preparations for fruits
Shining preparations for fruit
Shining preparations [polish].
The mark was filed in class 5 with following description of goods:
Live organs and tissues for surgical purpose
Medical dressings, coverings and applicators
Pharmaceuticals and natural remedies
Abrasive fluids for dental use
Abrasive pads for dental purposes
Abrasives (Dental -)
Adhesive strips for dentures
Adhesives for dental and dentistry use
Adhesives for dental use
Adhesives for dentures
Alloys of precious metal for use in dentistry and dentistry technology
Alloys of precious metals for dental purposes
Alloys of precious metals as dental implants
Amalgam for dental purposes
Amalgams (Dental -)
Amalgams for dental purposes
Amalgams for dental use
Antibacterial mouthwashes
Anticavity mouth rinses for medical purposes
Anticavity mouthwash
Antimicrobial mouthwashes
Antiseptic mouthwashes
Antiseptic mouthwashes for rinsing
Bandages for the oral cavity
Bonding and primer materials for dental purposes
Cements for dental prostheses
Ceramic alloys used in dental crowns
Ceramic materials for dental use for fillings
Dietary supplements for animals
Food for babies
Activated charcoal dietary supplements
Acai powder dietary supplements
Albumin dietary supplements
Albuminous foodstuffs for medical purposes
Albuminous preparations for medical purposes
Alginate dietary supplements
Anti-oxidant food supplements
Anti-oxidant supplements
Anti-oxidants comprising enzymes
Anti-oxidants derived from honey
Anti-oxidants for dietary use
Anti-oxidants for medicinal use
Anti-oxidants obtained from herbal sources
Antioxidants
Appetite stimulant preparations
Appetite suppressants for medical purposes
Appetite suppressants
Artificial sweeteners adapted for diabetics
Artificial tea [for medicinal use]
Asthmatic tea
Babies' food
Baby food
Baby foods
Bark extract for nutraceutical use
Bark for nutraceutical purposes
Bee pollen for nutraceutical use
Bee pollen for use as a dietary food supplement
Beverages adapted for medicinal purposes
Bread (Diabetic -) adapted for medical use
Bread products for diabetics
By-products of the processing of cereals for dietetic or medical purposes
Calcium fortified candy
Casein dietary supplements
Chlorella dietary supplements
Cod liver oil
Cod-liver oil capsules
Cod-liver oil drops
Delivery agents in the form of dissolvable films that facilitate the delivery of nutritional supplements
Delivery agents in the form of coatings for tablets that facilitate the delivery of nutritional supplements
Diabetic bread adapted for medical use
Diabetic fruit juice beverages adapted for medical use
Diabetic fruit juice beverages adapted for medical purposes
Diabetic fruit nectars adapted for medical use
Diabetic fruit nectars adapted for medical purposes
Diastase for medical purposes
Diet capsules
Dietary and nutritional preparations
Dietary and nutritional supplements
Dietary fiber
Dietary fiber to aid digestion
Dietary fibre
Dietary food supplements
Dietary food supplements used for modified fasting
Dietary supplement drink mixes
Dietary supplement drinks
Dietary supplemental drinks
Dietary supplements
Dietary supplements consisting of vitamins
Dietary supplements consisting primarily of iron
Dietary supplements consisting primarily of magnesium
Dietary supplements consisting primarily of calcium
Dietary supplements for controlling cholesterol
Dietary supplements for human beings
Dietary supplements for humans
Dietary supplements for humans not for medical purposes
Dietary supplements for human beings and animals
Dietary supplements for infants
Dietary supplements for medical use
Dietary supplements for pets in the nature of a powdered drink mix
Dietary supplements in powder form
Dietary supplements promoting fitness and endurance
Dietary supplements with a cosmetic effect
Dietetic and nutritional preparations
Dietetic beverages adapted for medical purposes
Dietetic beverages for babies adapted for medical purposes
Dietetic confectionery adapted for medical purposes
Dietetic food adapted for medical use
Dietetic food preparations adapted for medical purposes
Dietetic food preparations adapted for medical use
Dietetic foods adapted for invalids
Dietetic foods adapted for medical purposes
Dietetic foods adapted for medical use
Dietetic foods for medicinal purposes
Dietetic foods for use in clinical nutrition
Dietetic foodstuffs for medical purposes
Dietetic infusions for medical use
Dietetic preparations adapted for medical purposes
Dietetic preparations adapted for medical use
Dietetic preparations for children
Dietetic products for invalids
Dietetic products for medical purposes
Dietetic substances adapted for medical use
Dietetic substances for babies
Dietetic sugar for medical use
Dietetic sugar substitutes for medical use
Dietetic sweeteners for medical purposes
Drinks (Medicinal -)
Edible fish oils for medical purposes
Effervescent vitamin tablets
Enzyme dietary supplements
Fiber (Dietary -)
Fibre (Dietary -)
Fish oil for medical purposes
Fitness and endurance supplements
Flaxseed dietary supplements
Flaxseed oil dietary supplements
Folic acid dietary supplements
Food for diabetics
Food for infants
Food for medically restricted diets
Food products made from ginseng for medical purpose
Food products made from red ginseng for medical purpose