The trademark BABE was filed by LABORATORIOS BABE, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on November 15, 2022, and received one opposition filed on February 15, 2023 by Elixir Cosmetics Opco, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Marks & Clerk LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 15, 2023
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 9 with following description of goods:
Downloadable computer applications (apps)
Communication, networking and social networking software
Downloadable software
Non-downloadable virtual and augmented reality software
Downloadable virtual goods, namely, Downloadable computer programs and files in relation to the following goods: Perfumery products, Cosmetic articles, Make-up preprations, Personal sanitary products, Skin-care products, Products for hair care, Facial care products, Sun creams, All the aforesaid goods for use online and in online virtual worlds
Electronic publications, downloadable
Interactive electronic publications
E-commerce and e-payment software
Application software for mobile phones
Virtual reality software for simulators
Interactive entertainment software
Virtual reality models
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Software for creating, managing and accessing groups within virtual communities
Interactive software based on artificial intelligence
Downloadable cryptocurrency transaction management software using blockchain technology for facilitating commercial transactions by enabling consumers to obtain, use and trade non-fungible tokens
Downloadable virtual goods, namely, Downloadable computer programs and files in relation to the following goods: Perfumery products, Cosmetic articles, Make-up preprations, Personal sanitary products, Skin-care products, Products for hair care, Facial care products, Sun creams, all the aforesaid goods authenticated by NFTs (non-fungible tokens)
Virtual reality glasses
Virtual reality headsets
Virtual reality hardware.
The mark was filed in class 35 with following description of goods:
Retail services, Distribution wholesale, Sale via global telematic networks and Sale in virtual or augmented reality environments in relation to the following goods: Perfumery, Cosmetics, Make-up products, personal sanitary products, Skin care and hair care products, Face care preparations, suncream
Retail services, Distribution wholesale, Sale via global telematic networks in relation to the following goods: Perfumery, Cosmetics, Make-up products, personal sanitary products, Skin care and hair care products, Face care preparations, suncream, All the aforesaid goods authenticated by NFTs (non-fungible tokens) and Downloadable and non-downloadable virtual goods in relation to the following goods: Perfumery, Cosmetics, Make-up products, personal sanitary products, Skin care and hair care products, Face care preparations, suncream
Provision of an online and virtual or augmented reality marketplace for buyers and sellers of goods and services
Organisation of events, exhibitions, trade fairs and shows, both in person and online and/or in virtual or augmented reality environments for commercial, promotional or advertising purposes
Sales promotion for others
Presentation of products by any means of communication, both in person, online and/or in virtual or augmented reality environments, for retail and wholesale purposes or for sale via global telematic networks
Advertising, marketing and sales promotion, both in person and online and/or in virtual or augmented reality environments
Promoting the goods and services of others, both in person, online and/or in virtual or augmented reality environments
Public relations services
Product demonstration and testing services, either physically, online or in virtual or augmented reality environments
Loyalty, incentive and bonus program services
Distribution of advertising, marketing and promotional material, The aforesaid services provided both in person, online and/or in virtual or augmented reality environments
Providing and rental of physical and virtual spaces, time and physical or virtual media for advertising purposes
Assistance in business operations, Business management and Business administration, The aforesaid services provided both in person and online and/or in virtual or augmented reality environments
Administrative support and data processing services, The aforesaid services provided both in person, online and/or in virtual or augmented reality environments
Providing physical and virtual facilities for business meetings, Providing physical and virtual facilities for business conferences and conventions.
The mark was filed in class 41 with following description of goods:
Entertainment services, specifically, Online non-downloadable virtual goods in relation to the following goods: Perfumery goods, Cosmetic articles, Make-up preparations, Personal sanitary products, skin care products, Coat care preparations, Face care preparations, sun creams, the aforesaid goods for use online and in online virtual worlds, all authenticated by NFTs (non-fungible tokens)
Entertainment services, specifically, Providing interactive online and augmented reality games and entertainment, augmented reality content and experiences
Entertainment services, specifically, providing online virtual reality environments
Interactive entertainment services
Virtual reality arcade services
Virtual reality game services provided on-line from a computer network
Online interactive entertainment
Providing non-downloadable online and virtual or augmented reality electronic publications
Physical, online or virtual reality ticket booking services for educational, entertainment and sporting activities and events, provided in physically, online or in virtual/augmented reality environments
Entertainment services
Providing of education in any form, either physically, online or in virtual reality environments
Electronic publishing services
Organisation of conferences, exhibitions and competitions in any form, either physically, online or in virtual reality environments
Providing online publishing services in a virtual environment.