The trademark WALWA was filed by JESÚS SÁIZ PÉREZ, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on April 11, 2022, and received one opposition filed on July 10, 2022 by WALA-Heilmittel GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by PRINZ & PARTNER MBB PATENT- UND RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 10, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003174477 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 14, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 18 with following description of goods:
Bags
Bags
Multi-purpose purses
Waterproof bags
Slouch handbags
Handbags made of leather
Evening handbags
Travelling bags
Straps for handbags
Canvas bags
Handbags
Beach bags
Boston bags
Bags for campers
Bags for climbers
Flight bags
Handbag frames
Hiking bags
Bags for sports
Purse frames
Purse frames
Wheeled bags
Fashion handbags
Roller bags
Handbags
Nappy bags
Small clutch purses
Tool bags sold empty
Bags made of leather
Ladies' handbags
Shoulder bags
Gentlemen's handbags
Nappy bags
Overnight bags
Clutch bags
Minaudieres
Handbags made of imitations leather
Handbags, purses and wallets
Handbag frames
Knitted bags, not of precious metals
Luggage, bags, wallets and other carriers
Shaving bags sold empty
Wrist mounted carryall bags
Purses, not of precious metal
School bags
Card cases [notecases]
Briefcases [leather goods]
Briefcases [leather goods]
Business card cases
School book bags
Pocket wallets
Card wallets [leatherware]
Clutches [purses]
Key cases
Handbag frames
Wallets of precious metal
Art portfolios [cases]
Wallets including card holders
Leather wallets
Purses made of precious metal
Leather bags and wallets
Card wallets [leatherware]
Card wallets [leatherware]
Randsels [Japanese school satchels]
Business card cases
Business card cases
Wallets for attachment to belts
Credit card cases [wallets]
Card wallets [leatherware]
Leather credit card wallets
Wallets, not of precious metal
Business card holders in the nature of wallets
Travelling sets [leatherware]
Travelling sets [leatherware]
Luggage tags [leatherware]
Briefcases
Clutch bags
Attache cases made of leather
Travel cases
Rucksacks
School bags
Small rucksacks
Backpacks for carrying infants
Sling bags
Bags for climbers
Bags for climbers
Backpacks with rolling wheels
Hiking rucksacks
School knapsacks
Sports packs
Backpacks for carrying infants
Sling bags for carrying infants
Daypacks
Randsels [Japanese school satchels]
Back frames for carrying children
Umbrella rings
Frames for umbrellas or parasols
Frames for umbrellas or parasols
Umbrella sticks
Combination walking sticks and umbrellas
Bags for umbrellas
Umbrella handles
Umbrella covers
Covers for parasols
Umbrellas
Umbrella rings
Umbrella sticks
Golf umbrellas
Japanese paper umbrellas (karakasa)
Japanese oiled-paper umbrellas (janome-gasa)
Frames for umbrellas or parasols
Umbrella or parasol ribs
Plein air umbrellas
Umbrellas for children
Telescopic umbrellas
Parasols
Metal parts of umbrellas
Umbrella handles
Parasols
Beach umbrellas [beach parasols]
Beach umbrellas [beach parasols]
Rainproof parasols
Patio umbrellas
Umbrella or parasol ribs
Bags
Roll bags
Hipsacks
Grips [bags]
Toiletry bags
Toiletry bags
Nappy bags
Book bags
Briefcases [leather goods]
Bags made of imitation leather
Courier bags
Gym bags
Beach bags
Carry-on bags
Work bags
Duffel bags
Bags for campers
Travel garment covers
Travelling bags
Bags for climbers
Shoe bags
Shoe bags
Souvenir bags
Bags for sports
Cross-body bags
Drawstring bags
Bucket bags
Felt pouches
Grocery tote bags
Small bags for men
All-purpose athletic bags
Garment carriers
Garment carriers
All-purpose carrying bags
Animal carriers [bags]
Cosmetic bags sold empty
Tool bags, empty
Tool bags, empty
Bags for sports clothing
Knitting bags
Artificial fur bags
Weekend bags
Flexible bags for garments
Travelling sets [leatherware]
Charm bags (omamori-ire)
Textile shopping bags
Kit bags
Net bags for shopping
Belt bags and hip bags
Shoe bags for travel
Reusable shopping bags
Music bags
Make-up bags sold empty
Children's shoulder bags
Trolley duffels
Toiletry bags sold empty
Toilet bags, not fitted
Tool bags [empty] for motor cycles
Wheeled shopping bags
Shopping bags with wheels attached
Shopping bags made of skin
Shopping bags made of skin
Tool bags of leather, empty
Net bags for shopping
Net bags for shopping
Flight bags
Towelling bags
Canvas shopping bags
Travel bags made of plastic materials
Two-wheeled shopping bags
Garment bags for travel made of leather
Bags [envelopes, pouches] of leather, for packaging
Bags [envelopes, pouches] of leather, for packaging
Compression cubes adapted for luggage
Pouches for holding make-up, keys and other personal items
General purpose sport trolley bags
Coats for dogs
Coats for cats
Pocket wallets
Card wallets [leatherware]
Wrist-mounted wallets
Ankle-mounted wallets
Nappy wallets
Card wallets [leatherware]
Wallets, not of precious metal
Leather leashes
Cribbing straps for horses
Stirrup leathers
Stirrup leathers
Leads for animals
Spur straps
Stirrup leathers
Pet leads
Dog leashes
Fastenings for saddles
Collars for cats
Dog collars
Horse collars
Horse collars
Collars for animals
Covers for animals
Pads for horse saddles
Clothing for pets
Dog clothing
Costumes for animals
Articles of clothing for horses
Pouch baby carriers
Luggage organiser sets
Luggage organiser sets
Identification tags for luggage
Covers for animals.
The mark was filed in class 21 with following description of goods:
Powder compacts
Make-up brushes
Cosmetic utensils
Cosmetic sponges
Containers for cosmetics
Applicators for cosmetics
Dispensers for cosmetics
Holders for cosmetics
Droppers for cosmetic purposes
Droppers for cosmetic purposes
Make-up brushes
Cosmetic spatulas
Cases adapted for cosmetic utensils
Cosmetic bags [fitted]
Cosmetic utensils
Racks for cosmetics
Droppers for cosmetic purposes
Microdermabrasion sponges for cosmetic use
Cosmetic spatulas for use with depilatory preparations
Hand tools for the application of cosmetics
Cosmetic, hygiene and beauty care utensils
Fur brushes for animals
Sonic oscillating brushes for skincare
Skin care cream dispensers
Fitted racks for skin care creams
Fitted holders for skin creams
Articles for the care of clothing and footwear
Oral care kits comprising toothbrushes and floss
Kitchen utensils
Utensil jars
Toilet utensils
Bakeware
Graters
Sifters [household utensils]
Sieves [household utensils]
Garlic presses [kitchen utensils]
Skewers (cooking utensil)
Utensils for household purposes
Utensils for household purposes
Glass cleaning implements
Scoops for household purposes
Basting spoons [cooking utensils]
Cutting boards for the kitchen
Grills [cooking utensils]
Trivets [table utensils]
Spatulas for kitchen use
Moulds [kitchen utensils]
Cinder sifters [household utensils]
Cinder sifters [household utensils]
Dishes [household utensils]
Tenderizers [kitchen utensils]
Lazy susans
Chopsticks
Garlic presses [kitchen utensils]
Cooking utensils, non-electric
Cooking utensils, non-electric
Household or kitchen utensils
Slotted spoons
Kitchen utensils of silicon
Toothpaste tube squeezers
Pie servers
Cases adapted for toilet utensils
Wire baskets [cooking utensils]
Mixing spoons [kitchen utensils]
Hand operated sushi makers
Graters [non-electric household utensils]
Egg yolk separators
Aluminium moulds [kitchen utensils]
Griddles [non-electric cooking utensils]
Toilet and bathroom cleaning utensils
Tortilla presses, non-electric [kitchen utensils]
Tortilla presses, non-electric [kitchen utensils]
Cooking utensils for use with domestic barbecues
Kitchen utensils, not of precious metal
Laundry balls for use as household utensils
Household utensils for cleaning, brushes and brush-making materials
Cookware and tableware, except forks, knives and spoons
Serving scoops [household or kitchen utensil]
Strawberry hullers
Cooking pot sets
Cookery moulds
Kitchen containers
Kitchen containers
Scrapers (kitchen implements)
Kitchen sponges
Cooking strainers
Cooking funnels
Basting spoons [cooking utensils]
Oven mitts
Spatulas for kitchen use
Dishcloths
Potholders
Bulb basters
Basting brushes
Potholders
Mortars for kitchen use
Pestles for kitchen use
Basting spoons [cooking utensils]
Skewers (cooking utensil)
Basting spoons [cooking utensils]
Fish slices
Aluminium cookware
Cutting boards for the kitchen
Canister sets
Abrasive pads for kitchen purposes
Kitchen paper holders
Kitchen paper dispensers
Kitchen paper racks
Shallow pans for cooking
Mess-tins [rice cooking canteens]
Paper cooking pots
Cheesecloth bags for use in cooking
Abrasive instruments for kitchen [cleaning] purposes
Ceramics for kitchen use
Combined lids for kitchen containers
Cutting boards for the kitchen
Cutting boards for the kitchen
Tableware, cookware and containers
Dishcloths for washing dishes
Portable cooking kits for outdoor use
Batter dispensers for kitchen use
Steamers [cookware]
Jars for cooking grease, empty
Vacuum flask cookers
Skewers for use in cooking
Bread bins
Abrasive pads for kitchen or domestic purposes
Hot pots, not electrically heated
Pouring spouts for kitchen use
Abrasive discs for kitchen [cleaning] purposes
Skimmers [non-electric kitchen implements]
Beaters (Non-electric -) for kitchen use
Cookware, except forks, knives and spoons
Defrosting trays for kitchen use
Grilling planks of wood
Couscous cooking pots, non-electric
Spits [other than parts of cooking apparatus]
Cooking pots for use in microwave ovens
Bakeware [not toys]
Cutting boards for the kitchen
Kitchen urns [not of precious metal]
Abrasive sponges for kitchen [cleaning] use
Combs
Large-toothed combs for the hair
Electric combs
Comb cases
Cleaning combs
Combs for animals
Horse combs
Large-toothed combs for the hair
Combs for use on domestic animals
Hair combs
Electric hair combs
Combs for back-combing hair
Mane brushes [horse combs]
De-shedding combs for pets
Brushes
Crumb brushes
Exfoliating brushes
Dishwashing brushes
Bottle brushes
Nail brushes
Floor brushes
Nail brushes
Nail brushes
Toothbrushes
Scraping brushes
Brushes for footwear
Brushes for footwear
Fireplace brushes
Brushes for cleaning
Hair for brushes
Dishwashing brushes
Horse brushes
Mushroom brushes
Tongue brushes
Lint brushes
Blacking brushes
Brushes for pipes
Tub brushes
Eyelash brushes
Handles for brushes
Mopping brushes
Brushes and brush-making articles
Brushes for grooming horses
Brushes for household purposes
Brushes for pets
Horse brushes of wire
Material for brush-making
Toothbrushes, electric
Bath brushes
Clothes brushes
Ship-scrubbing brushes
Scrubbing brushes
Scrubbing brushes
Brushes for footwear
Eyelash combs
Manual toothbrushes
Brushes for cleaning footwear
Dishwashing brushes
Eyebrow brushes
Filaments for making brushes
Hairbrushes
Ski wax brushes
Ski wax brushes
Brushes for pets
Mascara brushes
Brushes for personal hygiene
Billiard table brushes
Brushes for cleaning cars
Toothbrush containers
Brushes for basting meat
Lamp-glass brushes
Cattle hair for brushes
Skin cleansing brushes
Dishwashing brushes
Horsehair for brush-making
Brushes adapted for cleaning decanters
Toothbrushes for animals
Toothbrush bristles
Toothbrush holders
Electrically heated hair brushes
Brushes for use on tree bark
Raccoon dog hair for brushes
Handles (Non-metallic -) for brushes
Handles made of plastics for brushes
Vegetable brushes with peelers
Brushes with detergent containers
Brushes for feeding bottle teats
Animal bristles [brushware]
Material for brush-making
Pot cleaning brushes
Shoe scrapers incorporating brushes
Feeding bottle brushes
Brushes connectable to water hoses
Electric brushes, except parts of machines
Horsehair for brush-making
Interdental brushes for cleaning the teeth
Baby finger toothbrushes
Cleaning brushes for teapot spouts
Brushes for cleaning golf clubs
Window groove cleaning brushes
Hand-operated ski brushes
Brushes for cleaning bicycle components
Automobile wheel cleaning brushes
Electric pet brushes
Hair tinting brushes
Golf brushes
Electric rotating hair brushes
Cleaning brushes for sports equipment
Heads for electric toothbrushes
Pig bristles for brush-making
Carpet-cleaning brushes
Cleaning brushes for barbecue grills
Brushes for grooming golf putting greens
Hot air hair brushes
Toothbrushes for pets
Handles made of plastics for sweeping brushes
Brushes for connection to garden hose
Brushes adapted to receive a cleaning agent
Deshedding brushes for pets
Soap dispensing dish brushes
Perfume bottles
Perfume burners
Perfume vaporizers
Perfume vaporizers
Perfume vaporizers
Perfume vaporizers
Perfume burners
Perfume burners
Perfume sprayers [sold empty]
Vaporizers for perfume sold empty
Perfume sprayers [sold empty]
Scent sprays [atomizers]
Perfume sprayers [sold empty]
Air fragrancing apparatus
Perfume burners [other than electric]
Essential oil burners
Fragrant oil burners
Oil burners (aromatherapy)
Plates for diffusing aromatic oil
Aromatic oil diffusers, other than reed diffusers
Aromatic oil diffusers, other than reed diffusers
Aromatic oil diffusers, other than reed diffusers, electric and non-electric
Shaving dishes
Shaving dishes
Shaving brushes
Shaving brush stands
Shaving dishes
Shaving brush stands
Shaving brushes of badger hair.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Clothing
Coats
Bath robes
Sport coats
Parkas
Housecoats
Blouses
Scarves
Boxer shorts
Leggings [leg warmers]
Shirts
Tee-shirts
Blousons
Waistcoats
Shawls
Gym suits
Jackets [clothing]
Men's and women's jackets, coats, trousers, vests
Oilskins [clothing]
Waist belts
Slips [underclothing]
Costumes
Stoles
Skirts
Scarves
Caps being headwear
Caps being headwear
Gloves [clothing]
Rain slickers
Jerseys [clothing]
Underwear
Stockings
Trousers
Kerchiefs [clothing]
Sarongs
Shorts
Hats
Sweat shirts
Dresses
Esparto shoes or sandals
Boots
Flip-flops
Sandals
Sneakers
Shoes
Wooden shoes.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Rice
Pasta
Noodles
Tapioca
Sago
Flour
Cereal preparations
Bread
Pastries
Confectionery
Chocolate
Edible ices
Ice cream
Water ice
Sugar, honey, treacle
Yeast
Baking powder
Salt
Seasonings
Spices
Preserved herbs
Vinegar
Sauces
Condiments
Ice for refreshment
Dried herbs
Seaweed [condiment]
Processed herbs
Herbal teas
Aromatic preparations for food.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural products
Agricultural and aquacultural crops, horticulture and forestry products
Raw and unprocessed aquacultural products
Raw and unprocessed horticultural products
Raw and unprocessed forestry products
Seeds for planting
Seeds for planting
Raw and unprocessed seeds
Fruit, fresh
Unprocessed fruits
Unprocessed vegetables
Vegetables, fresh
Garden herbs, fresh
Natural plants and flowers
Flower bulbs
Bulbs (Plant -)
Bulbs for planting
Seedlings
Seedlings for planting
Seeds, bulbs and seedlings for plant breeding
Live animals
Animal foodstuffs
Beverages for pets
Malt
Fresh fruits, nuts, vegetables and herbs
Flowers
Flowers
Dried flowers
Seeds for flowers
Seeds for growing herbs
Grasses [plants]
Organic fresh herbs
Potted fresh herbs
Dried herbs for decoration.
The mark was filed in class 35 with following description of goods:
Advertising services relating to cosmetics
Marketing research in the fields of cosmetics, perfumery and beauty products
Providing consumer product advice relating to cosmetics
Providing consumer product information relating to cosmetics
Commercial information and advice services for consumers in the field of cosmetic products
Commercial information and advice services for consumers in the field of beauty products
Business management of restaurants
Restaurant management for others
Marketing services in the field of restaurants
Business advice relating to restaurant franchising
Business advisory services relating to the setting up of restaurants
Business advisory services relating to the running of restaurants
Business management assistance in the operation of restaurants
Business management assistance in the establishment and operation of restaurants
Advertising services relating to perfumery
Retail and wholesale services in relation to the following goods: Clothing, Footwear and Headgear
Retailing and wholesaling in relation to coffee, tea, cocoa and substitutes therefor
Retail and wholesale services in relation to the following goods: rice, Pasta and noodles
Wholesaling and retailing of tapioca and sago
Wholesaling and retailing of flour and preparations made from cereals
Retail and wholesale services in relation to the following goods: Bread loaves, Pastry products and Sugar confectionery
Retail and wholesale services in relation to the following goods: Chocolate, Ice cream, Sorbets and other edible ices
Retail and wholesale services in relation to the following goods: Sugar, Honey and Golden syrup
Retail and wholesale services, in relation to the following goods: Yeast and Baking powders
Retail and wholesale services, in relation to the following goods: Salt, Seasonings, Spices and preserved herbs
Retail and wholesale services, in relation to the following goods: Vinegar, sauces and other condiments
Retailing and wholesaling relating to ice
Retail and wholesale services, in relation to the following goods: Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Retail and wholesale services in relation to the following goods: Raw and unprocessed grains and seeds, Fruit and Vegetables, Fresh vegetables
Retail and wholesale services in relation to the following goods: Fresh garden herbs, Natural plants and flowers
Retail and wholesale services, in relation to the following goods: Bulbs, seedlings and seeds for planting
Retailing and wholesaling relating to live animals
Retail and wholesale services, in relation to the following goods: Foodstuffs and Beverages for animals
Retail and wholesale services, in relation to the following goods: Malt
Retail and wholesale services in relation to the following goods: Culinary herbs, Processed herbs and preserved herbs
Retail and wholesale services, in relation to the following goods: Herbal infusions
Retail and wholesale services in relation to the following goods: Aromatic preparations for food.
The mark was filed in class 41 with following description of goods:
Instruction in cosmetic beauty
Teaching of beauty skills
Arranging of beauty contests
Arranging of beauty contests
Arranging of beauty contests
Arranging of beauty contests
Beauty school services
Arranging of beauty contests
Arranging of beauty contests
Entertainment in the nature of beauty pageants
Beauty arts instruction
Arranging and conducting of beauty contests
Educational services relating to beauty therapy
Educational services in the nature of beauty schools
Educational seminars relating to beauty therapy
Training in catering
Training services relating to the cleaning of restaurants
Education services relating to the provision of restaurant services
Health and wellness training
Education services relating to health
Education services relating to health
Education services relating to health
Education services relating to health
Instruction courses relating to health
Vocational education relating to avoidance of health related problems
Provision of educational services relating to health
Training services relating to occupational health
Health club services [health and fitness training]
Education in the field of occupational health and safety
Health and fitness training
Provision of health club [physical exercise] facilities
Providing health club and gymnasium services
Training services relating to health and safety
Provision of educational health and fitness information
Education and training services in the field of occupational health and safety
Providing of training in the fields of agriculture, horticulture and forestry
Education services relating to the agricultural industry
Flower arrangement instruction
Training in the display of food
Education services relating to food technology
Conducting training courses relating to nutrition online.
The mark was filed in class 44 with following description of goods:
Rental of equipment for human hygiene and beauty care
Provision of public conveniences
Body art services
Provision of washroom facilities
Providing portable toilets for events
Acupuncture
Art therapy
Physiotherapy
Therapeutical pilates
Music therapy
Occupational therapy
Animal-assisted therapy
Psychological therapy for infants
Light therapy services
Autogenic therapy services
Counseling relating to occupational therapy
Speech and hearing therapy
Insomnia therapy services
Shockwave therapy
Chelation therapy services
Animal-assisted therapy
Occupational therapy and rehabilitation
Health care relating to remedial exercise
Voice and speech therapy services
Music therapy for physical, psychological and cognitive purposes
Cosmetic laser treatment of tattoos
Rental of machines and apparatus for use in beauty salons or barbers' shops
Rental of machines and apparatus for use in beauty salons or barbers' shops
Aerial spreading of fertilisers
Spreading of horticultural chemicals
Aerial spreading of agricultural chemicals
Information services relating to the use of manures used in agriculture
Information services relating to the use of manures used in forestry
Information services relating to the use of manures used in horticulture
Advisory and consultancy services relating to the use of manure in agriculture, horticulture and forestry
Rental of plants
Cultivation of plants
Tree planting
Planting of flora
Plant care services [horticultural services]
Care of potted plants
Hire of interior plants
Rental of animals and plants
Rental of potted plants
Consultancy relating to the cultivation of plants
Garden tree planting
Consultancy relating to tree planting
Providing information regarding plant and flower identification for horticultural purposes
Tree planting for carbon offsetting purposes
Providing information relating to the rental of potted plants
Providing information relating to garden tree planting