The trademark MAZARA was filed by SAFERDE SL, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 4, 2023, and received one opposition filed on October 2, 2023 by INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 2, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018773403 was partially rejected according to Article 7(1)(j) EUTMR with decision issued on April 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Body cream
Scented body lotions and creams
Skin care oils [cosmetic]
Cosmetic preparations for skin care
Body and facial oils
Moisturising creams, lotions and gels
Soaps for body care
Decorative cosmetics
Sanitary preparations being toiletries
Almond oil
Aloe soap
Scented soaps
Aloe vera preparations for cosmetic purposes
Skin calming serum
Oils for cosmetic purposes.
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations
Lotions for pharmaceutical purposes
Body creams for pharmaceutical use
Moisturising creams [pharmaceutical]
Balms for pharmaceutical purposes
Creams for dermatological use
Ointments for pharmaceutical purposes.
The mark was filed in class 29 with following description of goods:
Edible oils and fats
Vegetable fats for cooking
Cooking fats
Potato crisps
Potato-based snack foods
Sweet corn-based snack foods
Birds eggs and egg products
Cheese spreads
Hash browns
Jams
Marmalade
Compotes
Vegetable pate
Soybean oil
Spiced oils
Hardened oils [hydrogenated oil for food]
Flavoured oils
Butter oil
Maize oil for food
Sunflower oil for food
Edible sunflower seeds
Canola oil
Rape oil for food
Camellia seed oil for food
Sesame oil for food
Soybean oil for cooking
Guacamole [mashed avocado]
Processed avocados
Coconut oil for food
Extra virgin olive oil for food
Groundnut oil
Oils for food
Pork rinds
Lard
Olives, preserved
Truffle-based spread products (truffle creams)
Truffle-based oils
Dried truffles [edible fungi]
Aloe vera prepared for human consumption.
The mark was filed in class 35 with following description of goods:
Provision of an online marketplace for buyers and sellers of goods and services
Sales promotion
Procurement services for others [purchasing goods and services for other businesses].