The trademark Potion d'Amour by Dulcinée Café was filed by Amisial Weetenberg JOSEPH, a national of the French Republic (the "Applicant"). The application was published for oppositions on September 7, 2022, and received one opposition filed on November 27, 2022 by Oppacher Mineralquellen GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SimonGraeser Rechtsanwalts PartG mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 27, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0287/2024-5 was Trade mark application allowed according to Article 68(1) EUTMR with decision issued on August 12, 2024 by the EUIPO. The Opposition with reference B 003183917 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 7, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils and aromatic extracts
Toiletries
Cleaning and fragrancing preparations
Cosmetics in the form of oils
Cosmetic preparations for body care
Organic cosmetics
Cosmetics and cosmetic preparations
Colour cosmetics for children
Cosmetics containing panthenol
Cosmetics containing hyaluronic acid
Cosmetics containing keratin
Non-medicated cosmetics
Cosmetics
Hair piece bonding glue
Spirit gum for cosmetic use
Massage waxes
Cotton sticks for cosmetic purposes
Cotton balls for cosmetic purposes
Massage candles for cosmetic purposes
Balms, other than for medical purposes
Mineral water sprays for cosmetic purposes
Seaweed for cosmetology
Perfumery and fragrances
Oral hygiene preparations
Adhesives for cosmetic purposes
Adhesives for affixing false hair
Body cleaning and beauty care preparations.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Prepared foodstuffs in the form of sauces
Prepared savory foodstuffs made from potato flour
Filled baguettes
Baozi [stuffed buns]
Pizza bases
Banana fritters
Pineapple fritters
Bibimbap [rice mixed with vegetables and beef]
Rice biscuits
Rice biscuits
Crackers flavoured with herbs
Crackers flavoured with spices
Crackers flavoured with meat
Crackers flavoured with vegetables
Crackers filled with cheese
Crackers flavoured with cheese
Crackers made of prepared cereals
Pellet-shaped rice crackers (arare)
Onion biscuits
Rice glue balls
Puffed cheese balls [corn snacks]
Rice dumplings
Rice dumplings dressed with sweet bean jam (ankoro)
Pretzels
Frozen French toast sticks
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Pastries, cakes, tarts and biscuits (cookies)
Foodstuffs containing cocoa [as the main constituent]
Foods with a cocoa base
Almonds covered in chocolate
Chocolate flavourings
Chocolate-coated berries
Cotton candy
Chocolate coated nougat bars
Apple fritters
Deep-fried dough sticks (Youtiao)
Graham crackers
Cheese-flavored biscuits
Salted biscuits
Crackers flavoured with fruit
Cakes of sugar-bounded millet or popped rice (okoshi)
Savory biscuits
Korean traditional sweets and cookies [hankwa]
Confectionery chips for baking
Canapes
Chocolate-covered potato chips
Chocolate
Chocolate with Japanese horseradish
Chocolate with alcohol
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Cereals
Dried and fresh pastas, noodles and dumplings
Doughs, batters, and mixes therefor
Foodstuffs made from dough.
The mark was filed in class 32 with following description of goods:
Beer and non-alcoholic beer
Flavoured carbonated beverages
Nut and soy based beverages
Waters
Juices
Non-alcoholic bitters
Aperitifs, non-alcoholic
Non-alcoholic cocktail bases
Orange barley water
Lemon barley water
Green vegetable juice beverages
Beverages containing vitamins
Smoothies
Carbohydrate drinks
Guarana drinks
Mung bean beverages
Non-alcoholic sparkling fruit juice drinks
Whey beverages
Protein drinks
Smoked plum beverages
Brown rice beverages other than milk substitutes
Rice-based beverages, other than milk substitutes
Oat-based beverages [not being milk substitutes]
Energy drinks
Energy drinks containing caffeine
Energy drinks [not for medical purposes]
Non-alcoholic beverages
Non-alcoholic preparations for making beverages
Orange squash
Concentrates for use in the preparation of soft drinks
Concentrates for use in the preparation of energy drinks
Concentrates for making fruit drinks
Essences for making flavoured mineral water [not in the nature of essential oils]
Essences for making beverages
Non-alcoholic essences for making beverages
Non-alcoholic fruit extracts
Non-alcoholic fruit extracts used in the preparation of beverages
Hop extracts for use in the preparation of beverages
Hops (Extracts of -) for making beer
Extracts of unfermented must
Extracts for making beverages
Lemon juice for use in the preparation of beverages
Lime juice for use in the preparation of beverages
Unfermented preserved must
Grape must, unfermented
Starch-based dry mixes for beverage preparation
Mixes for making sorbet beverages
Orgeat
Pastilles for effervescing beverages
Powders used in the preparation of fruit-based beverages
Powders used in the preparation of coconut water drinks