018709769

365 Days Neness

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May 29, 2022

Trademark Summary

The trademark 365 Days Neness was filed by Null AVM MARIUSZ KUBIAK, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on June 6, 2022, and received one opposition filed on September 6, 2022 by AC Marca Personal Care, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 6, 2022

The application was filed in Polish, and Polish 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 November 13, 2023.

The Opposition with reference B 003178206 was refused according to Article 8(5) EUTMR with decision issued on August 7, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 3 with following description of goods:
  
  1. Perfumes
  2. Extracts of flowers [perfumes]
  3. Perfumes for cardboard
  4. Liquid perfumes
  5. Fumigation preparations [perfumes]
  6. Solid perfumes
  7. Cedarwood perfumery
  8. Perfumes for industrial purposes
  9. Cosmetics
  10. Nail tips [cosmetics]
  11. Mousses [cosmetics]
  12. Liners [cosmetics] for the eyes
  13. Concealers
  14. Make-up
  15. Tonics [cosmetic]
  16. Colour cosmetics
  17. Natural cosmetics
  18. Organic cosmetics
  19. Functional cosmetics
  20. Cosmetic kits
  21. Cosmetics and cosmetic preparations
  22. Cleansing milk for toilet purposes
  23. Cosmetic dyes
  24. Cosmetic rouges
  25. Petroleum jelly for cosmetic purposes
  26. Beauty masks
  27. Talcum powder, for toilet use
  28. Cosmetic pencils
  29. Glitter for cosmetic purposes
  30. Cotton wool for cosmetic purposes
  31. Cosmetic soaps
  32. Cosmetic creams
  33. Beauty milk
  34. Mineral oils [cosmetic]
  35. Cosmetic moisturisers
  36. Eyebrow cosmetics
  37. Moisturising concentrates [cosmetic]
  38. Self-tanning preparations [cosmetics]
  39. Sun bronzers
  40. Cosmetic preparations for eyelashes
  41. Cosmetics for animals
  42. Self tanning creams [cosmetic]
  43. Cosmetics for the use on the hair
  44. Moisturising gels [cosmetic]
  45. Toning creams [cosmetic]
  46. Fluid creams [cosmetics]
  47. Nail cosmetics
  48. Lip cosmetics
  49. Emollient preparations [cosmetics]
  50. Decorative cosmetics
  51. Pre-moistened cosmetic wipes
  52. Make-up pads of cotton wool
  53. Cosmetic hair dressing preparations
  54. Henna [cosmetic dye]
  55. Cosmetic nourishing creams
  56. Moisturising preparations
  57. Basma [cosmetic dye]
  58. Cosmetic stamps, filled
  59. Body cream
  60. Sun-tanning gels
  61. Sun protecting creams [cosmetics]
  62. Cosmetics for use in the treatment of wrinkled skin
  63. Cosmetics in the form of gels
  64. Face creams for cosmetic use
  65. Sun-tanning preparations [cosmetics]
  66. Facial toners [cosmetic]
  67. Suntan lotion [cosmetics]
  68. Cosmetics in the form of lotions
  69. Colour cosmetics for the eyes
  70. Lip coatings [cosmetic]
  71. Facial scrubs [cosmetic]
  72. Skin make-up
  73. Nail varnish remover [cosmetics]
  74. Cosmetics in the form of oils
  75. Night creams [cosmetics]
  76. Body oils [for cosmetic use]
  77. Make-up for the face
  78. Cosmetics for personal use
  79. Skin masks [cosmetics]
  80. Colour cosmetics for the skin
  81. Cosmetics in the form of rouge
  82. Beauty care cosmetics
  83. Cosmetic facial lotions
  84. Lip stains [cosmetics]
  85. Cosmetics containing hyaluronic acid
  86. Colour cosmetics for children
  87. Beauty tonics for application to the body
  88. Make-up removing lotions
  89. Sun blocking preparations [cosmetics]
  90. Body paint for cosmetic purposes
  91. Cosmetic preparations for baths
  92. Cosmetic preparations for slimming purposes
  93. Beauty tonics for application to the face
  94. Cosmetic eye pencils
  95. Cosmetic eye gels
  96. Cosmetic hand creams
  97. Facial preparations
  98. Cosmetic suntan lotions
  99. Cosmetic hair lotions
  100. Cosmetic pencils for cheeks
  101. Pre-shaving lotions
  102. Cosmetic body scrubs
  103. Cosmetic body mud.
• The mark was filed in class 10 with following description of goods:
  
  1. Sex aids
  2. Sex toys
  3. Vibrators, being adult sexual aids
  4. Artificial penises, being adult sexual aids
  5. Artificial vaginas, being adult sexual aids
  6. Benwa balls, being adult sexual aids
  7. Penis enlargers, being adult sexual aids
  8. Love dolls [sex dolls]
  9. Sexual activity devices
  10. Sexual activity articles
  11. Sexual activity apparatus
  12. Adult sexual aids
  13. Sexual activity apparatus, devices and articles
  14. Artificial penises [adult sexual stimulation aids].
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising services relating to cosmetics
  2. Providing consumer product advice relating to cosmetics
  3. Providing consumer product information relating to cosmetics
  4. Mail order retail services for cosmetics
  5. Online retail services relating to cosmetics
  6. Retail services connected with the sale of subscription boxes containing cosmetics
  7. Online retail store services relating to cosmetic and beauty products
  8. Commercial information and advice services for consumers in the field of cosmetic products
  9. Marketing research in the fields of cosmetics, perfumery and beauty products
  10. Advertising services relating to perfumery
  11. Wholesale services in relation to beauty implements for humans
  12. Retail services in relation to beauty implements for humans
  13. Commercial information and advice services for consumers in the field of beauty products
  14. Retail services in relation to sex aids.