The trademark FO GUANG YUAN ART GALLERY was filed by FO GUANG SHAN FOUNDATION FOR BUDDHIST CULTURE & EDUCATION, a corporation established under the laws of Taiwan, Republic of China (the "Applicant"). The application was published for oppositions on September 13, 2022, and received one opposition filed on December 12, 2022 by JULIUS SÄMANN LTD. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 12, 2022
The application was filed in French, and French 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:
Essential oils and aromatic extracts
Soap
Incense
Joss sticks
Incense spray
Incense cones
Scented sachets
Fumigating incenses (Kunko)
Scented wood
Extracts of flowers [perfumes]
Fumigation preparations [perfumes]
Perfumery
All of the foregoing (apart from soap) for use with spirituals ceremonies/ or practices.
The mark was filed in class 9 with following description of goods:
Talking books
Audio books
E-books.
The mark was filed in class 14 with following description of goods:
Amulets [jewellery]
Bracelets
Jewellery charms
Charms for key rings
Brooches [jewellery]
Chains [jewellery]
Tie clips
Watches
Statues of precious metal of religious icons
Statues of precious metal and their alloys
Works of art of precious metal
Statuettes made of semi-precious metals
Figurines of precious metal
Statuettes of precious metal and their alloys
Busts of precious metal
Key fobs of precious metals
Rosaries
Misbaha [prayer beads]
Pins [jewellery]
Cuff links
Necklaces [jewellery]
Tie pins
Action figures (Decorative -) of precious metal.
The mark was filed in class 16 with following description of goods:
Books
Picture books
Religious books
Coffee table books
Prayer books
Photographs [printed]
Printed publications
Cards
Envelopes [stationery]
Writing paper
Periodicals
Posters
Pictures
Art pictures
Graphic prints
Drawing books
Paintings
Wrapping paper
Booklets
Pocket books [stationery]
Stickers [stationery]
Paper
Magazines [periodicals]
Newspapers
Passport holders
Index cards [stationery].
The mark was filed in class 18 with following description of goods:
Book bags
Belt bags and hip bags
Handbags
Reusable shopping bags
Key cases
Canvas bags
Travelling bags
Garment carriers
Drawstring bags
Bags for sports
All-purpose athletic bags
Bags
Credit card cases [wallets]
Business card cases
Portfolio cases [briefcases]
Rucksacks
Bags [envelopes, pouches] of leather, for packaging
Umbrellas
Umbrella covers
Wheeled shopping bags.
The mark was filed in class 20 with following description of goods:
Plaster statues
Statues of wood, wax, plaster or plastic
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Works of art of wood, wax, plaster or plastic
Figurines of wood, wax, plaster or plastic
Buddhist family altars (butsudan)
Benches [furniture]
Furniture
Desks
Plaques (decorative wall -) [furniture] not of textile
Door nameplates, not of metal
Fans for personal use, non-electric
Picture frames
Photograph frames
Tables
Seats
Armchairs
Action figures (Decorative -) of wood
Action figures (Decorative -) of wax
Action figures (Decorative -) of plaster
Action figures (Decorative -) of plastic
Displays, stands and signage, non-metallic.
The mark was filed in class 24 with following description of goods:
Flags of textile or plastic
Banners of textile or plastic
Bunting of textile or plastic
Table linen
Household linen, including face towels
Towels of textile
Table napkins of textile
Hand towels
Labels (Textile -) for marking linen
Woven linen fabrics
Napery of textile
Mats of linen
Table linen, not of paper
Textile smallwares [table linen]
Coasters of textile
Chair covers
Chair backs [textile articles]
Silk [cloth].
The mark was filed in class 25 with following description of goods:
Footwear
Bonnets
Hats
Clothing
Overalls
Sashes for wear
Scarves
Neckties
Ascots
Bowties
Mitres [hats]
Chasubles
Jumper dresses
Maniples
Ear muffs [clothing]
Socks
Slipper socks
Gloves [clothing]
Belts [clothing]
Fabric belts [clothing]
Pinafores
Casualwear
Religious garments
Work clothes
Pocket squares
Tee-shirts.
The mark was filed in class 35 with following description of goods:
Advertising
Sales promotion
Arranging and conducting of commercial exhibitions and shows
Planning and conducting of trade fairs, exhibitions and presentations for economic or advertising purposes
Retail services connected with stationery
Retail services in relation to teas
Retail services relating to food
Retail services in relation to works of art
Retail services in relation to art materials
Retail services in relation to non-alcoholic beverages
Retail services for works of art provided by art galleries
Auctioneering services
Auction and reverse auction services
Wholesale services in relation to works of art
Wholesale services in relation to stationery supplies
Design of advertising materials
Layout services for advertising purposes
Outdoor advertising
Development of advertising concepts.
The mark was filed in class 40 with following description of goods:
Framing of works of art
Binding of books or documents
Picture-framing
Mounting of works of art as part of the framing process.
The mark was filed in class 41 with following description of goods:
Rental of books
Rental of audio books
Practical training [demonstration]
Religious education
Training
Education information
Education and training consultancy
Lending library services
Cultural, educational or entertainment services provided by art galleries
Mobile library services
Organisation of artistic competitions
Organising of competitions for education
Organising of entertainment competitions
Organization of sports competitions
Arranging and conducting of seminars
Arranging and conducting of symposiums
Arranging and conducting of cultural activities
Arranging and conducting of concerts
Arranging and conducting of workshops [training]
Arranging and conducting of educational events
Arranging and conducting of conferences, congresses and symposiums
Conducting of film festivals
Hosting [organising] awards relating to films
Hosting [organising] awards
Arranging and conducting of music concerts
Presentation of operas
Production of operas
Organization, production and presentation of theatrical performances
Planning of plays or musical shows
Audio, video and multimedia production, and photography
Film production services
Rental of recording studios
Issue of publications
Publishing services for books and magazines
Editing of written texts
Publication and edition of books
Publication and editing of printed matter
Publication of magazines
Newspaper publication
Production of podcasts.
The mark was filed in class 42 with following description of goods: