The trademark PROFIS by Szlendak was filed by Null FRYZOPOL Zenon Szlendak, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 18, 2022, and received one opposition filed on November 20, 2022 by Hubbarna AB on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GROTH & CO. KB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 20, 2022
The application was filed in Polish, and Polish 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:
Cosmetics
Non-medicated cosmetics
Hair grooming preparations, including the following products: Lotions, Masques, Fluids, Creams, gels, Washing pastes, Conditioner, rinses, Foams, Lotions, Waxes, Pomades, Olives and Silk
Hair lighteners and hair glitter
Shampoos, Hair dyes and Hair spray, including the following products: Tints for the hair, Dyes and Colouring sprays
Permanent waving lotions
Permanent wave fixatives
Hydrogen peroxide creams.
The mark was filed in class 35 with following description of goods:
Manufacturing business management and administration
Management services for business and commercial enterprises and Commercial business administration services
Wholesale and retail services, including via Internet, in relation to the following goods: Cosmetics, non-medicated cosmetics, Hair care agents, including the following goods: Lotions, masks, Fluids, Creams, gels, Pastes, Rinses and conditioners, Wetsuits, Lotions, waxes, Brillantine, olives and Silk
Wholesale and retail services, including via Internet, in relation to the following goods: Lightening preparations for the hair and Hair glitter, Shampoos for the hair, Hair dyes and Hair sprays, including the following goods: colouring shampoo, Paints and colouring sprays
Wholesale and retail services, including via Internet, in relation to the following goods: permanent waving liquids, Permanent wave fixatives, Cream peroxide
Advertising, marketing and sales promotion services provided via the radio, television and press
Advertising, marketing and sales promotion by means of billboards, posters, neon signs, flags and banners
Advertising, marketing and sales promotion services provided via the internet, telecommunications networks, radio networks and other networks enabling communication between a variety of electronic devices
Advertising, marketing and sales promotion services provided via web portals
Providing commercial, business, advertising and marketing information via web portals and social media
Public relations services
Preparation and publication of publicity texts and advertising matter, Development and publication of texts and advertising material
Distribution of promotional and advertising material in the form of samples, leaflets, catalogues, prospectuses and brochures
Arranging and conducting of exhibitions, festivals, trade fairs, demonstrations, competitions and contests for advertising and promotional purposes
Market research and opinion polling
Statistical market research
Information and consultancy relating to all the aforesaid services.