The trademark LLUCH ESSENCE was filed by LLUCH ESSENCE, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on September 28, 2022, and received one opposition filed on December 29, 2022 by Cosmetic Warriors Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 29, 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 1 with following description of goods:
Chemicals for the manufacture of perfumery compositions, chemicals for the manufacture of cosmetics, Polymeric chemicals for use in the cosmetic industry, all of the aforesaid goods in relation to raw material, unrefined and refined ingredients and unfinished products sold in bulk
Chemical additives for food
Additives (Chemical -) for use in the preparation of animal foodstuffs
Chemical compositions and materials for use in the manufacture of cosmetics
Herbal extracts and Botanical extracts, Not essential oils, for use in the following fields: Manufacture of cosmetics
Chemical preparations for use in the manufacture of cosmetics
Chemical products for the manufacture of perfumery compositions
Industrial chemicals.
The mark was filed in class 3 with following description of goods:
Ethereal oils, Perfumery being mixes for perfumery, Aromatics for perfumes, Oils for perfumes and scents, all of the aforesaid goods in relation to raw material, unrefined and refined ingredients and unfinished products sold in bulk
Food flavourings [essential oils]
Flavourings for beverages [essential oils]
Ethereal essences and oils
Flavour enhancers for food [essential oils]
Food flavorings prepared from essential oils.
The mark was filed in class 30 with following description of goods:
Flavourings for foods
Chemical seasonings [cooking]
Essences for foodstuffs
Cooking essences
Edible essences for foodstuffs
Flavorings and seasonings
Salts, seasonings, flavourings and condiments
Seasoning mixes
Flavourings in the form of concentrated sauces
Flavourings in the form of dehydrated sauces
Gravy mixes
Mixes for preparing sauces
Sauce powders
Preparations for making up into sauces
Savory sauces used as condiments
Spice preparations
Preparations for use as rising agents in food
Vegetable concentrates used for seasoning
Natural sweeteners in the form of fruit concentrates
Seasoned coating for meat, fish, poultry
Food dressings [sauces]
Dressings for salad
Various preparations and mixtures based on salt, spices, aromatics, flavourings, culinary herbs
Dried and/or freeze-dried goods based on cereals, for making all kinds of cooked, prepared and semi-prepared dishes
Food flavourings, other than essential oils
Garden herbs, preserved [seasonings]
Seaweed [condiment]
Processed herbs
Dried herbs.
The mark was filed in class 35 with following description of goods:
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Chemicals for use in the manufacture of perfumery compositions, chemicals for use in the manufacture of cosmetics, all the aforesaid goods relating to raw materials, unrefined and refined ingredients and unfinished goods sold in bulk
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Polymeric chemicals for use in the cosmetic industry, All of the aforesaid goods in relation to raw material, unrefined and refined ingredients and unfinished products sold in bulk
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Chemical additives for food, Chemical additives for use in the preparation of animal feed, chemical compounds and materials for use in the manufacture of cosmetics
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Herbal and plant extracts, other than essential oils, for use in the manufacture of cosmetics, Chemical preparations for use in the manufacture of cosmetics
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Chemicals for the manufacture of perfumery compositions, Industrial chemicals
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Essential oils, Perfumery articles being mixtures for perfumery articles, all the aforesaid goods relating to raw materials, unrefined and refined ingredients and unfinished goods sold in bulk
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: aromatics for perfumes, Perfumery oils, All of the aforesaid goods in relation to raw material, unrefined and refined ingredients and unfinished products sold in bulk
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Ethereal oils and aromatic extracts, Natural oils for cosmetic purposes, natural oils for perfumes, Oils for perfumes and scents, Perfume oils for the manufacture of cosmetic preparations, Food flavourings, being essential oils
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Flavourings for beverages (essential oils), Etheric essences and essential oil, Flavour enhancers for food (essential oils), food flavourings prepared from essential oils, Flavourings for foodstuffs, Chemical seasonings for cooking, Essences for food
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: cooking essences, Edible essences for foodstuffs, Flavorings and seasonings, Salts, seasonings, dressings and condiments, Seasoning mixtures, Flavourings in the form of concentrated sauces, Flavourings in the form of dehydrated sauces, Sauce mixes
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Mixtures for making sauces, Sauce powder, Preparations for making sauces, Sauces used as condiments, Spice preparations, Preparations for use as rising agents in food, Vegetable concentrates used for seasoning, Natural sweeteners in the form of fruit concentrates
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Seasoned dressings for meat, fish and poultry, Food dressings (sauces), Dressings for salad, Various preparations and mixtures based on salt, spices, aromatics, flavourings, culinary herbs
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Dehydrated and/or freeze-dried cereal-based goods for the manufacture of cooked, processed and semi-processed meals of all kinds
Procurement, for others, Commercial intermediation, Import-export and Retailing and wholesaling, via electronic media and computer networks in relation to the following goods: Food flavourings, other than essential oils, Garden herbs, preserved (seasonings), Culinary herbs, Processed herbs, dried herbs.