The trademark MAI COSMETICS was filed by PROTEKO d.o.o., a corporation established under the laws of the Republic of Croatia (the "Applicant"). The application was published for oppositions on August 17, 2021, and received one opposition filed on November 15, 2021 by Make-Up Art Cosmetics Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 15, 2021
The application was filed in Croatian, and Croatian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 4, 2021.
The Appeal with reference B R0137/2023-2 was Trade mark application partially refused according to Article 8(5) EUTMR with decision issued on August 24, 2023 by the EUIPO. The Opposition with reference B 003158355 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 14, 2022 by the EUIPO.
The application claimed as seniority of the Republic of Croatia trademark null registered on January 26, 2021 and filed on July 22, 2020 which was accepted by the office.
Goods And Services
The mark was filed in class 5 with following description of goods:
Plasters, materials for dressings
Infant formula
Sexual stimulant gels
Personal sexual lubricants.
The mark was filed in class 9 with following description of goods:
Software
Laboratory apparatus and instruments
Laboratory mixers.
The mark was filed in class 10 with following description of goods:
Condoms for prophylactic purposes
Condoms for medical purposes
Condoms for hygienic purposes
Condoms having spermicidical properties
Sexual activity apparatus, devices and articles
Vibrators, being adult sexual aids
Ladies' stockings [surgical].
The mark was filed in class 14 with following description of goods:
Time instruments
Women's watches
Women's jewelry
Precious stones
Gemstones, pearls and precious metals, and imitations thereof
Jewellery
Jewellery boxes and watch boxes
Key rings and key chains, and charms therefor.
The mark was filed in class 16 with following description of goods:
Gums [adhesives] for stationery or household purposes
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Paper and cardboard
Filtering materials of paper
Decoration and art materials and media
Decorations of cardboard for foodstuffs
Stationery and educational supplies
Decorative paper centerpieces
Printed matter.
The mark was filed in class 18 with following description of goods:
Saddlery, whips and apparel for animals
Casings, of leather, for springs
Umbrellas and parasols.
The mark was filed in class 26 with following description of goods:
Elasticated hair ribbons
Artificial fruit, flowers and vegetables
Charms [not jewellery or for keys, rings or chains]
Hair barrettes
Ribbons for the hair
Ponytail holders and hair ribbons
Hair grips
Bows for the hair
Hair ornaments, hair rollers, hair fastening articles, and false hair
Accessories for apparel, sewing articles and decorative textile articles.
The mark was filed in class 28 with following description of goods:
Hunting and fishing equipment
Fishing rod holders
Fishing tackle boxes
Bait [artificial]
Artificial fishing bait
Fishing sinkers
Action toys
Table-top games and gambling devices
Fishing rod rests
Hunting arrow points
Fishing spinners
Fishing tackle bags
Action figures [toys or playthings].
The mark was filed in class 42 with following description of goods:
Testing of foodstuffs
Testing, analysis and monitoring of telecommunication signals
Quality control of goods and services
Product quality control testing
Quality control of manufactured goods
Quality control of soil products
Quality control relating to the hygiene of foodstuffs
Quality control relating to computer software
Quality control relating to computer systems
Quality control of services
Monitoring of water quality
Soil testing services
Scientific testing services
IT security, protection and restoration
Rental of computer hardware and facilities
IT consultancy, advisory and information services
Data duplication and conversion services, data coding services
Information services relating to the development of computer networks
Information services relating to the development of computer systems
Software development, programming and implementation
Engineering services relating to automatic data processing
Engineering services relating to information technology