The trademark den was filed by Digital Den Fragrances, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 21, 2022, and received one opposition filed on October 17, 2022 by LA BROSSE ET DUPONT, Société par Actions simplifiée on Likelihood of confusion. the opponent was represented by SODEMA CONSEILS S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 17, 2022
The application was filed in Spanish, and Spanish 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:
Cleaning preparations
Cleansers for household purposes
Destainers
Furniture cleaner
Emulsifying solvent cleaners
Alcoholic solvents being cleaning preparations
Cleaning sprays
Glass cleaning preparations
Non-medicated oils
Oils for cleaning purposes
Detergents
Soaps for household use
Chemical cleaning preparations for household purposes
Grease-removing preparations
Household bleach
Mould removing preparations
Wipes incorporating cleaning preparations
Abrasives
Aromatics for perfumes
Aromatics for fragrances
Fragrances
Aromatics [essential oils]
Ethereal oils
Essential oils for use in air fresheners
Aromatic oils
Perfumes
Fragrance preparations
Scented water
Aromatherapy preparations
Air fragrancing preparations
Air fragrancing preparations
Scented sachets
Sachets for perfuming linen
Cushions impregnated with perfumed substances
Wax melts [fragrancing preparations]
Extracts of flowers
Incense
Room perfumes in spray form
Air fragrance reed diffusers
Scented wood
Scented wood
Fragrance emitting wicks for room fragrance
Bath pearls
Fragrance refills for non-electric room fragrance dispensers
Refills for electric room fragrance dispensers
Room scenting sprays
Room scenting sprays
Scented sachets
Incense spray
Drying agents for dishwashing machines
Dishwashing liquid
Cleaning preparations for fabrics
Fabric brighteners
Washing preparations for household purposes
Dry-cleaning preparations
Fabric softeners for laundry use
Antistatic dryer sheets
Soap for brightening textile
Scented fabric refresher sprays
Antistatic sprays for clothing
Shining preparations [polish]
Cleansing foam
Cleansing creams
Cleansing lotions
Cleansing oil
Shoe cream
Shoe polish and creams
Shoe wax
Shoe cleaners [preparations]
Leather preservatives [polishes]
Cleaning preparations for leather
General purpose scouring powder
Automobile cleaners
Detergents for automobiles
Automobile wax
Cosmetics
Body cleaning and beauty care preparations
Moisturising creams, lotions and gels
Cleansing creams
Oils for cosmetic purposes
Impregnated cloths for cosmetic use
Gels for cosmetic use
Cooling sprays for cosmetic purposes
Wipes impregnated with cleaning preparations for personal use
Cosmetics in the form of gels
Cosmetic creams
Body sprays
Baby wipes impregnated with cleaning preparations
Handwashes based on gel, not medicated
Perfumery
Deodorants and antiperspirants
Powder for make-up
Bath preparations
Skin care preparations
Make-up preparations
Bath pearls
Bath salts.
The mark was filed in class 4 with following description of goods:
Perfumed candles
Perfumed candles
Aromatherapy fragrance candles
Candles containing insect repellent
Wicks for candles
Candles
Wicks for lighting
Candles for absorbing smoke
Wax for making candles
Grease for footwear
Lubricating oils and greases
All purpose lubricants
Dust absorbing compositions.
The mark was filed in class 5 with following description of goods:
Insect repellents
Arachnicides
Acaricides
Rodenticides
Vermicides
Domestic biopesticides
Biocides
Insecticides for domestic use
Domestic pesticides
Insect repellents
Insect repellents for use on humans
Anti-insect spray
Preparations for controlling insects
Preparations for destroying insects
Insect growth regulators
Behaviour modifying chemicals for controlling pests
Animal washes [insecticides]
Insect attractants
Animal repellent formulations
Preparations for destroying noxious animals
Vermin repelling preparations
Parasiticides
Fungicides for domestic use
Tissues impregnated with insect repellants
Wrist bands sold pre-filled with insect repelling preparations
Mosquito repellant coils
Fly destroying preparations
Fly catching paper
Mothproofing preparations
Fumigating sticks
Fumigating sticks
Moth repellents
Mosquito repellents
Larvicides
Mildewcides
Herbicides for domestic use
All purpose deodorizing preparations for household, commercial or industrial use
Air deodorizing preparations
Air deodorizing preparations
Air deodorizing preparations
Deodorants for refrigerators
Air purifying preparations
Air purifying preparations
Car air fresheners
Odour absorbing materials
Preparations for the neutralising of odours
Preparations for the neutralising of odours
Air deodoriser sprays
Air freshener refills
Disinfectants
Antiseptics
Antiseptic cleansers
Bactericides
Virucides
Alcohol-based antibacterial skin sanitizer gels
Disinfectants for hygiene purposes
Antiseptic sprays in aerosol form for use on hard surfaces
Sanitizing wash for fruit and vegetables
Washes (disinfectant -) [other than soap]
Germicides
Anti-bacterial preparations
Antibacterial wipes
Impregnated antiseptic wipes
Antiseptic sprays in aerosol form for use on the skin
Antibacterial gels
Air deodoriser gel
Gels for dermatological use
Alcohol for topical use
Disinfecting handwash
Antiseptic body care preparations
Antibacterial sprays.
The mark was filed in class 11 with following description of goods:
Air freshener plug-ins
Electric dispensers for air fresheners
Air deodorizing apparatus
Electric dispensers for room deodorants
Air freshener dispensing systems
Room deodorant dispensing systems
Scented electric candles
Deodorising apparatus for dispensing scents in motor vehicles
Disinfectant dispensers for washrooms
Alcohol burners
Dehumidifiers
Humidifiers
Piezo lighters [other than for smokers]
Light tubes being parts of insect killing apparatus.
The mark was filed in class 21 with following description of goods:
Electric devices for attracting and killing insects
Electric apparatus for killing insects
Plug-in diffusers for mosquito repellents
Animal traps
Insect traps
Traps (Electric -) for insects
Fly traps
Traps for rodents
Nebulizers for household use
Ultrasonic pest repellers
Fly swatters
Perfume vaporizers
Perfume vaporizers
Perfume burners
Plates for diffusing aromatic oil
Perfume vaporizers
Aromatic oil diffusers, other than reed diffusers
Pomanders [containers]
Incense stick holders
Containers for pot pourri
Electric and non-electric candle warmers
Tealight holders
Candle jars [holders]
Pillar candle plates
Incense burners [domestic]
Brushes for footwear
Shoe cloths
Shoe shine cloths
Wax-polishing appliances, non-electric, for shoes
Wax-polishing appliances, non-electric, for shoes
Mops
Mop wringers
Sponges
Sponges for household purposes.
The mark was filed in class 35 with following description of goods:
Promoting the goods and services of others
Sales promotion for others
Marketing
Advertising
Import-export agency services
Sales administration
Mediation and conclusion of commercial transactions for others
Mediation and conclusion of commercial transactions for others
Negotiation of contracts relating to the purchase and sale of goods
Procurement services for others [purchasing goods and services for other businesses]
Providing consumer product information
Arranging of demonstrations for advertising purposes
Administration of loyalty and incentive schemes
Provision of space on web-sites for advertising goods and services
Provision of commercial information
Wholesaling and retailing services in relation to the following goods: In the fields of: cleaning preparations, Cleaning preparations for fabrics, Cleaning preparations, Soaps for household use, Chemical cleaning preparations for household purposes, Grease-removing preparations, Household bleach, Mould removing preparations, abrasives, Cleaning preparations for vehicles, Preparations for laundry use, Cleaning and shining preparations for leather and footwear, Preparations for footwear care, Brushes
Wholesaling and retailing services in relation to the following goods: Electric dispensers for air fresheners, Electric dispensers for room deodorants, Refills for air freshener dispensers and Refills for deodoriser dispensers, Air purifying products and preparations, Preparations for neutralizing odours, Odour improving preparations, shoe deodorisers, Deodorising and perfumed preparations for fabrics, Perfume sprayers and vaporisers, Perfume burners, Fragrance diffusers
Wholesaling and retailing services in relation to the following goods: Aromatic oil diffusers, Reed diffusers, Scented wood, Scented wood vaporisers containing piezoelectric materials, Insecticide devices containing piezoelectric materials, Air deodorisers containing piezoelectric materials
Wholesaling and retailing services in relation to the following goods: Candle burners, scented candles, Insecticide candles, Electric candle lamps, Tea lights, Holders for candles, Air dehumidifiers, Air moisturisers
Wholesaling and retailing services in relation to the following goods: insecticides, Chemical preparations for destroying vermin, Biocides, insect repellers, Arachnicides, Fly catching paper, Biopesticides for household purposes, Pesticides for domestic use, Pesticides for household use, Insect-repellents, anti-insect spray, Behaviour modifying chemicals for controlling pests, Animal washes [insecticides]
Wholesaling and retailing services in relation to the following goods: Insect attractants, Worming treatments, Parasiticides, Preparations for controlling insects, Fungicides
Wholesaling and retailing services in relation to the following goods: Mothproofing preparations, Fumigation preparations, Mildewcides, Insecticide sprayers and vaporisers, Electric devices for attracting and killing insects, Plug-in diffusers for insect repellents, Traps for animals and insects, Bait for insects and vermin, Refills for electric and non-electric insecticide devices
Wholesaling and retailing services in relation to the following goods: Cosmetic preparations, Disinfectants, Antiseptics, antiseptic cleaners, Alcohol for cleaning purposes, Bactericides, virucides, Sanitising gels
All of the aforesaid services also provided via global computer communications networks and electronic media.