The trademark RUDE BOY was filed by Lloyd Glyn Partridge, a national of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on October 3, 2022, and received one opposition filed on December 19, 2022 by Carolina Herrera Ltd on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 19, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations
Vitamins and supplements
Dietary and nutritional supplements in drop form, pill form, capsule form, liquid form, and roll-on form
Nutritional medical cannabis and derivatives thereof
Marijuana extracts
Medicinal herbal preparations, namely marijuana preparations including dried flower and marijuana derivatives that may be legally produced, including liquids, oils, oral sprays, capsules
Medicinal cannabis oil
Dietary and nutritional supplements containing cannabidiol (CBD) derived from industrial hemp in whole or significant part
Hemp based beverages for medicinal and health purposes
Cannabis based beverages for medicinal and health purposes
Cannabidiol and CBD products
Medicated skincare, haircare, bath, toiletry and body care preparations.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys, ores
Metal materials for building and construction
Transportable buildings of metal
Metal signs
Metal works of art
Small items of metal hardware
Metal containers for storage or transport
Safes
Gold solder and silver solder
Parts and fittings for all the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmission or reproduction of sound or images
Apparatus for storing, processing and communication of data
Computer software
Downloadable software and applications
Software applications delivered online through a web-browser or as a downloadable application or application delivered to any computing device including desktop, laptop and tablet computers as well as mobile devices
Downloadable software and applications relating to music
Downloadable digital media and files, podcasts, electronic publications
Downloadable video and musical recordings
Downloadable software for processing transactions related to crypto-collectibles, non-fungible tokens (NFTs) and other application tokens
Downloadable electronic publications, including blog entries and tweets
Video and musical recordings in the form of discs
Audio cassettes
CD's
DVD's
Vinyl records
Pre-recorded instructional videos
Data processing apparatus and equipment
Computer databases
Data banks and files
Non fungible tokens (NFT's)
Downloadable virtual goods, namely, computer software or programs featuring goods that can be purchased within a virtual world
Tokens [software]
Magnetic badges
Phone cases
Laptop bags
Headphones
Speakers
Audio equipment
Microphones
Masks (protective)
Eyewear
Sunglasses
Cases for sunglasses
Illuminated signs
Neon signs
Parts and fitting for all the above goods.
The mark was filed in class 14 with following description of goods:
Horological and chronometric instruments
Watches
Wristwatches
Clocks
Chronometers
Chronographs
Timekeeping instruments
Timepieces comprised primarily of wristwatches featuring software for sending and receiving data used to monitor fitness
Jewellery
Precious metals
Precious stones
Semi-precious stones
Costume jewellery
Earrings
Rings
Necklaces
Bracelets
Bracelets, rings or necklaces featuring software for sending and receiving data used to monitor fitness
Clock cases
Watch cases
Watch straps
Watch bands
Watch chains
Tie clips
Tie tacks
Cuff links
Keyrings
Key chains
Charms
Ornamental pins
Boxes of precious metal
Jewellery cases
Badges of precious metal
Metal badges for wear (precious metal)
Parts and fittings for all of the above goods.
The mark was filed in class 16 with following description of goods:
Printed matter
Printed publications
Periodicals
Books
Magazines
Paintings
Paintings (pictures), framed or unframed
Calligraphic works
Posters
Photographs
Stationery
Writing materials
Paper
Artists' materials
Instructional and teaching materials (except apparatus)
Envelopes
Writing pads
Notebooks
Postcards
Stickers
Greeting cards
Printed invitations
Printed announcements
Folders
Photo albums
Diaries
Address books
Guest books
Journals
Coupon books
Paper gift tags
Paper gift bags
Paper shopping bags
Calendars
Bookmarks
Booklets
Tickets
Paper and cardboard badges
Pamphlets
Brochures and newsletters.
The mark was filed in class 18 with following description of goods:
Bags
Luggage
Suitcases
Backpacks
Travel bags
Athletics bags
Bags made of leather
Bags for climbers
Leather shoulder straps
Trunks
Travelling sets (leatherware)
Belt bags
Belts (leather shoulder -)
Harness and saddlery
Wallets
Purses
Walking sticks
Clothing for animals
Umbrellas
Parasols
Parts and fittings for all the above goods.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Cloths for cleaning
Powder puffs
Cosmetic utensils
Brushes
Brush-making materials
Vanity cases
Wash bags
Articles for cleaning purposes
Steel wool
Articles made of ceramics, glass, porcelain or earthenware which are not included in other classes
Non-electric domestic cooking apparatus
Tableware, crockery, drinking vessels
Instruments and materials for cleaning purposes
Electric and non-electric toothbrushes
Tooth picks
Household gloves
Cloths for cleaning purposes
Candle holders
Incense stick holders
Vases
Cooking pots and pans
Vessels of metal for making ices and iced drinks
Statues and statuettes of porcelain, terracotta or glass
Accessories for the bathroom namely towel holders, toothbrush holders, holders for cups for bathrooms, bathroom cups, glasses, mugs, holders for washing mitts, toilet paper holders
Non-heated towel holders
Soap dispensers
Toilet brushes
Towel rails
Laundry baskets
Soap holders
Non-metal containers for household or kitchen use
Non-electric coffee filters and tea filters
Refuse bins
Kettles (non electric)
Mops
Dustpans
Bins and refuse bins
Tableware
Flasks
Bottles
Mugs
Drinking bottles
Water bottles
Bottle openers
Corkscrews
Parts and fittings for all the aforesaid goods.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Cloth barrier masks.
The mark was filed in class 30 with following description of goods:
Coffee
Coffee beverages
Coffee drinks
Coffee extracts
Coffee oils and concentrates.
The mark was filed in class 31 with Live cannabis plants, cannabis seeds.
The mark was filed in class 34 with following description of goods:
Marijuana, cannabis and derivatives thereof namely hashes, resins, concentrates, and oils, hashes and waxes for smoking
Cannabidiol [CBD] oil for electronic cigarettes
Cannabidiol [CBD] oil for oral vaporizers for smoking
Tetrahydrocannabinol [THC] oil for oral vaporizers for smoking
Cannabis capsules, cannabis sprays
Cannabis extracts, namely, hashish, resins and oils
Products for administering medical and recreational marijuana and cannabis, namely, atomizers, oral vaporizers
Smoking articles, namely cigarette papers, cigarette cases, cigarette filters, cigarette lighters, cigarette rollers, cigarette rolling machines, cigarette tips, match books
E-cigarettes
Electric cigarettes and smoking pipes
Herbs for smoking
Liquid nicotine solutions for use in electronic cigarettes
Liquid solutions for use in electronic cigarettes
Tobacco pouches
Tobacco products.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing services
Promotional services
Business management
Office functions
Advertising by mail order
Demonstration of goods
Direct mail advertising
Distribution of samples
On-line advertising on a computer network
Presentation of goods on communication media, for retail purposes
Retail and online retail services in relation to cleaning products, personal care products, hygiene products, cosmetics, toiletries, skincare preparations, sanitary goods, pharmaceuticals, vitamins and nutritional products, medicinal products, medicinal marijuana preparations, CBD oil, medicated healthcare products, signage, works of art, software applications, non-fungible tokens (NFTs), video and musical recordings, badges, phone cases, bags, laptop bags, electrical equipment, headphones, audio equipment
Eyewear, sunglasses, cases for sunglasses, lighting, masks, hand tools, electric tools, horological and chronometric instruments, jewellery, boxes for jewellery, keyrings, chains for wear, musical instruments, printed matter, paintings, posters, photographs, stationary, paper, folders, photo albums, calendars, bookmarks, tickets, luggage, belts, wallets, purses, clothing for animals, umbrellas, parasols, walking sticks, furniture, domestic household items, utensils and containers, cosmetic utensils, cooking apparatus, cooking equipment, instruments and materials for cleaning purposes, accessories for the kitchen and bathroom, towels, bins, filters for beverages, tableware, crockery, mops, dustpans, drinking vessels, bottles, flasks, mugs, bottle openers, corkscrews, glasses, candlesticks, statues, decorative items of porcelain, terracotta or glass, textile items for the home, clothing, footwear, headgear, clothing accessories, coffee, alcoholic beverages, beers, ales, lagers, shandy, non-alcoholic beers, energy drinks, spirits and liqueurs, cocktails, cider, wine, sparkling wine, tonic wine, live cannabis, cannabis seeds, smoking articles, tobacco products, liquid solutions for use in electronic cigarettes, oils for electronic cigarettes, CBD oil, cigarettes, oral vaporizers, lighters
Operation and management of customer incentive, reward and loyalty schemes
Advisory, consultancy and information services relating to all the above services.
The mark was filed in class 41 with following description of goods:
Entertainment services
Sporting and cultural activities
Musical entertainment services
Recreational and cultural activities
Publishing services relating to music
Television entertainment services
Audio and video recording services
Film production and distribution
Music publishing services
Publication of books and magazines in relation to music and entertainment
Provision of entertainment in the nature of concerts, performances, and literary readings
Organisation of musical entertainment
Entertainment services, namely personal appearances by groups, artists and celebrities
Providing electronic publications for browsing over computer networks, on the subjects of drinks, music and entertainment
Provision of information relating to music, entertainment and musical equipment
Providing entertainment in the field of music, multimedia products, interactive products (including applications) and online services
Provision of digital music from the internet
Organisation and presentation of contests, competitions, games and quizzes provided by means of the internet or on-line from a computer database or network
Nightclub services
Fan clubs
Advisory, consultancy and information services relating to all the above services.