The trademark DIVINA EIVISSA was filed by MARIE PLASSARD, a national of the French Republic (the "Applicant"). The application was published for oppositions on January 17, 2023, and received one opposition filed on April 13, 2023 by Divina Cosmetics Srl on Likelihood of confusion. the opponent was represented by ADEXE SRL and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 13, 2023
The application was filed in French, and French was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Scented bathing salts
Bath salts, not for medical purposes
Bath salts, not for medical purposes
Bath salts, not for medical purposes
Non-medicated bath salts
Non-medicated bath salts
Bath salts
Non-medicated bath salts
Floral water
Fragrance preparations
Perfumery and fragrances
Air fragrancing preparations
Incense
Dhoop
Joss sticks
Scented sachets
Fumigating incenses (Kunko)
Joss sticks
Incense cones
Incense spray
Fumigation preparations [perfumes]
Scented sachets
Aromatherapy pillows comprising potpourri in fabric containers
Extracts of flowers [perfumes]
Sachets for perfuming linen
Perfumed powder [for cosmetic use]
Natural perfumery
Stick pomade
Skin care products for animals
Natural oils for cosmetic purposes excluding the following goods: Bath and shower oils for hair and scalp care
Bath and shower oils excluding the following goods: Bath and shower oils for hair and scalp care.
The mark was filed in class 4 with following description of goods:
Candles
Tealights
Nightlights [candles]
Candles for lighting
Candle torches
Floating candles
Wicks for candles
Wicks for candles and lamps
Musk scented candles
Synthetic oils
Mineral oils
Perfumed candles
Aromatherapy fragrance candles
Candles for use as nightlights.
The mark was filed in class 5 with following description of goods:
Medicated mineral salts for baths
Phytotherapy preparations for medical purposes
Medicinal herbs
Extracts of medicinal herbs
Decoctions of medicinal herb
Medicinal infusions
Bath preparations for medical purposes
Medicinal herb infusions
Fumigation preparations for medical purposes
Extracts of medicinal plants
Skin care creams for medical use
Bath salts for medical purposes
Elixirs [pharmaceutical preparations].
The mark was filed in class 10 with Crystals for therapeutic purposes.
The mark was filed in class 16 with following description of goods:
Printed matter
Pamphlets
Printed publications
Promotional publications
Posters
Leaflets
Printed leaflets
Offset printing paper for pamphlets
Flyers
Printed paper invitations
Printed advertising boards of cardboard
Advertising pamphlets
Printed paper signs
Printed paper labels
Paper mail pouches
Posters made of paper
Prospectuses
Printed brochures
Printed information sheets
Calligraphy paper
Paper stock
Cartons of cardboard for packaging
Bottle wrappers of paper or cardboard
Paper and cardboard
Gift cartons
Labels of paper or cardboard
Cardboard labels
Paper boxes
Boxes of paper or cardboard
Airtight packaging of paper
Collapsible boxes of paper
Cardboard boxes
Cardboard packaging
Bags made of paper for packaging
Plastic bags for wrapping
Stationery
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Craft paper
Brown paper for wrapping
Gift wrap
Gift wrap cards
Birthday cards
Motivational cards
Thank you cards
Gift tags
Paper gift tags
Occasion cards
Gift wrap paper
Invitation cards
Paper pouches for packaging
Bags [envelopes, pouches] of paper or plastics, for packaging
Wrapping materials made of paper
Wrapping paper
Paper for bags and sacks
Paper for use in the manufacture of tea bags.
The mark was filed in class 21 with following description of goods:
Plates for diffusing aromatic oil
Bath brushes
Tealight burners
Pomanders [containers]
Scent sprays [atomizers]
Perfume vaporizers
Perfume bottles
Dispensers for cosmetics
Soap dispensing bottles
Candle jars [holders]
Tea bag rests
Ceramics for household purposes
Glass candlesticks
Glass bottles
Incense stick holders
Crystal [glassware]
Works of art made of porcelain
Soap boxes
Boxes of earthenware
Soap containers
Dispensers for liquid soap [for household purposes]
Cases adapted for cosmetic utensils
Empty spray bottles
Bottles
Biodegradable bottles
Reusable bottles
Biobased bottles
Insulating flasks
Containers for cosmetics
Cosmetic utensils
Holders for cosmetics
Fitted vanity cases
Toilet and bathroom cleaning utensils
Fitted sponge bags
Skin care cream dispensers
Cosmetic sponges
Loofahs
Make-up sponges
Facial cleansing sponges
Facial sponges for applying make-up
Scouring sponges
Makeup sponge holders
Abrasive mitts for scrubbing the skin
Exfoliating brushes
Skin cleansing brushes
Bath sponges
Hair combs
Combs for animals
Hairbrushes
Toilet brushes
Brushes
Sponges
Soap holders
Soap racks
Brush holders
Table napkin holders
Cosmetic, hygiene and beauty care utensils
Censers
Sponges for household purposes
Mascara brushes
Soap brackets
Brushes for pets.
The mark was filed in class 31 with following description of goods:
Flowers
Preserved flowers
Flowering plants
Seeds for flowers
Fresh cut garlands
Funeral wreaths
Garlands of natural flowers
Fresh cut wreaths
Cut flowers
Dried flower wreaths
Bouquets of dried flowers
Dried flowers
Natural plants and flowers
Wreaths of natural flowers
Fresh flower arrangements
Natural plants
Live corsages
Plants and their fresh produce
Fresh plants
Fresh edible cacti
Edible flowers, fresh.
The mark was filed in class 35 with following description of goods:
Advertising services relating to perfumery
Marketing research in the fields of cosmetics, perfumery and beauty products
Online retail store services relating to cosmetic and beauty products
Distribution of flyers, brochures, printed matter and samples for advertising purposes
Design of advertising brochures
Electronic publication of printed matter for advertising purposes
Design of advertising flyers
Direct mail advertising services provided by lettershops
Issuing of publicity leaflets
Distribution of publicity materials (flyers, prospectuses, brochures, samples, particularly for catalogue long distance sales) whether cross border or not
Dissemination of advertising material [leaflets, brochure and printed matter]
Advertising in periodicals, brochures and newspapers
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
Leasing of advertising space on pamphlets
Advertising
Advertising and marketing
Preparation of advertising material
Promotion [advertising] of business
Personnel recruitment advertising
Outdoor advertising
Advertising services of a radio and television advertising agency
Dissemination of advertisements via the Internet
Online advertisements
Dissemination of advertising matter online
Advertising, including on-line advertising on a computer network
Online advertising on a computer network
Advertising, marketing and promotional services
Providing business information via a web site
Advertising of business web sites
Presentation of goods and services
Product demonstrations and product display services
Product sampling
Presentation of companies and their goods and services on the Internet
Distribution of prospectuses and samples
Dissemination of commercial information
Dissemination of advertising matter
Distribution of advertising, marketing and promotional material
Dissemination services of advertisement matter
Dissemination of advertising, marketing and publicity materials
Production of advertising material
Rental of all publicity and marketing presentation materials
Dissemination of advertising matter by mail
Distribution of advertisements and commercial announcements
Television advertising
Advertisements (Placing of -)
Dissemination of advertising via online communications networks
Consultancy services relating to advertising, publicity and marketing
Internet marketing
Organization of exhibitions for commercial or advertising purposes
Retail services relating to fragrancing preparations
Wholesale services in relation to toiletries
Mail order retail services for cosmetics
Retail services in relation to toiletries
Online retail services relating to cosmetics
Wholesale ordering services
Business management
Organisation of exhibitions and events for commercial or advertising purposes
Arranging of competitions for advertising purposes
Arranging of exhibitions for advertising purposes
Arranging and conducting of art exhibitions for commercial or advertising purposes
Arranging of demonstrations for advertising purposes
Arranging of presentations for business purposes
Administration of competitions for advertising purposes
Exhibitions (Conducting -) for business purposes
Arranging promotion of charitable fundraising events
Publicity and sales promotion services
Management of a retail enterprise for others
Commercial management
Business organization and management consultancy including personnel management.
The mark was filed in class 36 with following description of goods: