The trademark Magical Angel Creamy Mami was filed by Pierrot Co., Ltd, a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on April 12, 2023, and received one opposition filed on July 3, 2023 by Angel Yeast Co., Ltd. on Likelihood of confusion. the opponent was represented by GALLETERO COMPANY, DOMINGO and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 3, 2023
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 3 with following description of goods:
Antistatic preparations for household purposes
De-greasing preparations for household purposes
Fabric softeners for laundry use
Laundry bleach
Adhesives for affixing false hair
Laundry starch
Seaweed gelatine for laundry use [Funori]
Adhesives for affixing false eyelashes
Breath freshening preparations for personal hygiene
Deodorants for animals
Shoe cream
Shoe black (shoe polish)
Polishing preparations
Soaps and detergents
Dentifrices
Cosmetics
Perfume
Incense
Artificial pumice stone
Polishing paper
False nails
False eyelashes
Spray for ironing.
The mark was filed in class 9 with following description of goods:
Game programs for arcade video game machines
Telecommunication machines and apparatus
Personal digital assistants
Electronic telecommunications apparatus
Computer software
Computer programs
Computers and computer peripheral devices
Smartwatches
Wearable activity trackers
Joysticks for use with computers, other than for video games, virtual reality headset, smartglasses
Spectacles [glasses]
Goggles
Game programs for home video game machines
Electronic circuits
Pre-recorded CD-ROMs
Phonograph records
Downloadable music files
Downloadable image files
Pre-recorded video discs and video tapes
Electronic publications
Exposed cinematographic films
Exposed slide films
Slide film mounts.
The mark was filed in class 14 with following description of goods:
Precious metals
Unwrought and semi-wrought precious stones and their imitations
Key rings
Jewellery boxes
Trophies [prize cups] of precious metal
Commemorative shields of precious metal
Personal ornaments of precious metal
Jewelry
Shoe ornaments of precious metal
Clocks and watches
Amulets.
The mark was filed in class 16 with following description of goods:
Pastes and other adhesives for stationery or household purposes
Sealing wax
Printers' reglets [interline leads]
Printing type
Addressing machines
Ink ribbons
Stamping machines for office use
Electric staplers for offices
Envelope sealing machines for offices
Stamp removers
Drawing instruments
Typewriters
Typewriters for check
Check books
Mimeographs
Relief duplicators
Paper shredders for office use
Electronic and electric franking machines
Rotary duplicators
Marking templates
Decorators' paintbrushes
Containers of paper, for packaging
Plastic bags for packaging
Food wrapping plastic film for household purposes
Garbage bags of paper for household purposes
Garbage bags of plastics for household purposes
Paper patterns
Tailors' chalk
Banners of paper
Flags of paper
Hygienic hand towels of paper
Towels of paper
Table napkins of paper
Hand towels of paper
Handkerchiefs of paper
Shipping labels
Colorboard [colored paperboard]
Transfers
Decals
Origami folding paper
Paper cuttings
Japanese handicraft paper
Coloring pictures
Paper and cardboard
Stationery
Printed matter
Paintings and calligraphic works
Photographs [printed]
Photograph stands
Omikuji [sacred lots]
Printed strips of paper used for fortune telling
Strips for fortune telling.
The mark was filed in class 18 with following description of goods:
Purse frames
Horseshoes
Leathercloth
Leather, unworked or semi-worked
Fur
Industrial packaging containers of leather
Clothing for domestic pets
Bags
Pouches
Vanity cases, not fitted
Umbrellas and their parts
Walking sticks
Canes
Handles for canes and walking sticks
Saddlery.
The mark was filed in class 20 with following description of goods:
Cushions [furniture]
Japanese floor cushions [Zabuton]
Pillows
Mattresses
Nameplates and door nameplates, not of metal
Hand-held flagpoles, not of metal
Hand-held flat fans
Hand-held folding fans
Furniture.
The mark was filed in class 21 with following description of goods:
Unworked or semi-worked glass, not for building
Cosmetic utensils
Gloves for household purposes
Industrial packaging containers of glass or porcelain
Plastic bottles
Kitchen implements and containers, not including gas water heaters for household use, non-electric cooking heaters for household purposes, kitchen sinks incorporating integrated worktops for household purpose and kitchen sinks for household purpose
Household utensils for cleaning
Ironing boards
Empty spray bottles
Plastic spray nozzles
Ironing boards [Kotedai]
Flower pots
Plant pots
Feeding vessels for pets
Brushes for pets
Bird cages
Bird baths
Clothes brushes
Piggy banks
Dispensers for liquid soap [for household purposes]
Signboards of glass or porecelain.
The mark was filed in class 24 with following description of goods:
Woven fabrics
Knitted fabrics
Felt and non-woven textile fabrics
Vinyl cloth
Rubberized cloth
Bedsheets
Futon quilts
Quilt covers
Pillowcases [pillow slips]
Bed blankets
Table napkins of textile
Dish towels for drying
Shower curtains
Banners
Flags, not of paper
Toilet seat covers of textile
Seat covers [loose] for furniture
Wall hangings of textile
Curtains
Table cloths, not of paper
Draperies [thick drop curtains]
Billiard cloth [baize]
Sleeping bags.
The mark was filed in class 25 with following description of goods:
Clothing
Garters
Sock suspenders
Braces [suspenders] for clothing
Waistbands
Belts [clothing]
Footwear
Masquerade costumes
Footwear for sports
Clothes for sports.
The mark was filed in class 28 with following description of goods:
Coin-operated amusement machines
Coin-operated amusement apparatus
Toys for domestic pets
Toys
Dolls
Go games
Japanese chess [Shogi games]
Japanese playing cards [Utagaruta]
Dice
Japanese dice games [Sugoroku]
Cups for dice
Chinese checkers [games]
Chess games
Checkers [checker sets]
Conjuring apparatus
Dominoes
Playing cards
Japanese playing cards [Hanafuda]
Mah-jong
Amusement game machines
Apparatus for games
Billiard equipment
Sports equipment
Fishing tackle
Butterfly nets
Insect cages.
The mark was filed in class 30 with following description of goods:
Binding agents for ice cream
Meat tenderizers for culinary purposes
Preparations for stiffening whipped cream
Aromatic preparations for food
Tea
Prepared coffee and coffee-based beverages
Prepared cocoa and cocoa-based beverages
Ice
Sweets
Confectionery
Sandwiches
Steamed buns stuffed with minced meat
Hamburgers
Pizzas
Hot dog sandwiches
Meat pies
Ice cream mixes
Sherbet mixes
Coffee beans
Cereal preparations
Chocolate spread
Chinese stuffed dumplings [Gyoza, cooked]
Chinese steamed dumplings [Shumai, cooked]
Sushi
Octopus dumplings, boxed lunches consisting of rice, with added meat, fish or vegetables
Ravioli
Pasta sauce
Husked rice
Husked oats
Husked barley
Instant confectionery mixes.
The mark was filed in class 32 with following description of goods:
Beer
Carbonated soft drinks
Fruit juices
Vegetable juices [beverages]
Extracts of hops for making beer
Whey beverages.
The mark was filed in class 38 with following description of goods:
Telecommunication
News agency services
Rental of telecommunication equipment including telephones and facsimile apparatus.
The mark was filed in class 41 with following description of goods:
Operating lotteries
Dubbing
Educational and instruction services relating to arts, crafts, sports or Medical education services
Arranging, conducting and organization of seminars
Animal training
Plant exhibitions
Animal exhibitions
Providing electronic publications
Services of reference libraries for literature and documentary records
Book rental
Art exhibitions
Gardens for public admission
Caves for public admission
Publication of books
Arranging and planning of movies, shows, plays or musical performances
Providing online videos, not downloadable
Movie theatre presentations
Film production and distribution
Providing digital music from the Internet, not downloadable
Presentation of live show performances
Direction or presentation of plays
Presentation of musical performances
Production of radio or television programs
Production of videotape film in the field of education, culture, entertainment or sports
Production of radio and television programs
Operation of video and audio equipment for the production of radio and television programs
Organization, arranging and conducting of sports competitions
Organization of entertainment events
Organization, arranging and conducting of horse races
Organization, arranging and conducting of bicycle races
Organization, arranging and conducting of boat races
Organization, arranging and conducting of auto races
Providing audio or video studio services
Providing sports facilities
Providing amusement facilities
Providing facilities for movies, shows, plays, music or educational training
Booking of seats for shows
Rental of cinematographic machines and apparatus
Rental of cine-films
Rental of musical instruments
Rental of sports equipment
Rental of television sets
Rental of radio sets
Rental of records or sound-recorded magnetic tapes
Rental of image-recorded magnetic tapes
Rental of film negatives
Rental of reversal film
Toy rental
Rental of amusement machines and apparatus
Rental of game machines and apparatus
Rental of paintings and calligraphic works
Photography
Language interpretation
Translation
Rental of cameras.
The mark was filed in class 43 with following description of goods:
Providing temporary accommodation
Accommodation bureaux services
Hotels
Boarding houses
Providing foods and beverages
Boarding for animals
Preschooler and infant care at daycare centers
Retirement home services
Rental of meeting rooms
Room rental for exhibitions
Rental of Futon and quilts
Rental of pillows
Rental of blankets
Rental of electric hot plates for household purposes
Rental of electric toasters for household purposes
Rental of microwave ovens for household purposes
Rental of cooking equipment for industrial purposes