The trademark KaLa Hemp Studios was filed by Falk Hemp Care GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 13, 2022, and received one opposition filed on January 15, 2023 by THE SMILEY COMPANY SPRL on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BAKER & MCKENZIE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 15, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003188176 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 4, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Body cleaning and beauty care preparations
Perfumery and fragrances
Oral hygiene preparations
Aloe vera gel for cosmetic purposes
Aloe vera preparations for cosmetic purposes
Amla oil for cosmetic purposes
Balms, other than for medical purposes
Lint for cosmetic purposes
Bergamot oil
Pumice stone
Pumice stones for use on the body
Foot smoothing stones
Organic cosmetics
Colour cosmetics for children
Greases for cosmetic purposes
Cosmetic kits
Geraniol for cosmetic use
Hair piece bonding glue
Henna [cosmetic dye]
Henna powders
Sanitary preparations being toiletries
Impregnated cloths for cosmetic use
Adhesives for affixing false hair
Adhesives for cosmetic purposes
Toiletries
Coconut oil for cosmetic purposes
Cosmetics
Cosmetics for children
Cosmetics containing hyaluronic acid
Cosmetics containing keratin
Cosmetics containing panthenol
Cosmetics and cosmetic preparations
Facial preparations
Cosmetic preparations for body care
Cosmetic preparations for use as aids to slimming
Cosmetic preparations for slimming purposes
Cotton balls for cosmetic purposes
Chalk for cosmetic use
Lacquer for cosmetic purposes
Massage creams, not medicated
Massage gels, other than for medical purposes
Massage candles for cosmetic purposes
Massage waxes
Massage oils
Massage oils, not medicated
Spirit gum for cosmetic use
Seaweed for cosmetology
Mineral oils [cosmetic]
Moist wipes impregnated with a cosmetic lotion
Mineral water sprays for cosmetic purposes
Massage oils and lotions
Oils for cosmetic purposes
Oils for toilet purposes
Emollient preparations [cosmetics]
Pedicure preparations
Nasal cleaning preparations for personal sanitary purposes
Natural cosmetics
Non-medicated cosmetics and toiletry preparations
Non-medicated massage preparations
Non-medicated toiletry preparations
Perfumed body lotions [toilet preparations]
Perfumed lotions [toilet preparations]
Impregnated cleaning pads impregnated with cosmetics
Paper hand towels impregnated with cosmetics
Impregnated cleaning pads impregnated with toilet preparations
Tissues impregnated with cosmetic lotions
Tissues impregnated with cosmetics
Slimming aids [cosmetic], other than for medical use
Scalp treatments (Non-medicated -)
Cosmetics for personal use
Non-medicated cosmetics
Cosmetics in the form of oils
Cuticle cream
Cuticle removers
Cuticle conditioners
Cotton swabs for cosmetic purposes
Cotton wool for cosmetic purposes
Non-medicated toiletries
Make-up pads of cotton wool
Abrasive preparations for use on the body
Ointments for cosmetic use
Castor oil for cosmetic purposes
Cleaner for cosmetic brushes
Piperonal for cosmetic use
Baby care products (Non-medicated -).
The mark was filed in class 5 with following description of goods:
Sanitary preparations and articles
Dietary supplements and dietetic preparations
Air deodorising and air purifying preparations
Pest control preparations and articles
Dental preparations and articles, and medicated dentifrices
Hygienic preparations and articles
Dental preparations and articles.
The mark was filed in class 34 with following description of goods:
Articles for use with tobacco
Matches
Tobacco and tobacco products (including substitutes)
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor.