The trademark JEAN was filed by OLIVIA GARDEN, société anonyme, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on October 25, 2023, and received one opposition filed on December 5, 2023 by JDA GmbH & Co. KG on Likelihood of confusion. the opponent was represented by GLEISS LUTZ HOOTZ HIRSCH PARTMBB RECHTSANWÄLTE, STEUERBERATER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 5, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on September 11, 2023. Appointment and Replacement of representative of the trademark registration was recorded on October 22, 2023. Change of name and professional address of the trademark registration was recorded on February 14, 2024.
Goods And Services
The mark was filed in class 8 with following description of goods:
Electric straighteners for curling and styling the hair
Electric styling devices, hair straighteners and styling irons, heated products with interchangeable accessories for hair care, being electric hair straighteners and curlers
“electric devices for removing body hair from the roots
Manicure and pedicure kits, nail care kits
Razors and scissors for professional hairdressers and barbers
Hair-removing appliances (electric and non-electric)
Hair clippers (electric and non-electric)
Manicure sets
Nail files
Nail files (electric)
Cuticle nippers
Nail clippers (electric or non-electric)
Pedicure sets
Tweezers
Hair-removing tweezers
Razors, electric or non-electric
Razor blades
Shavers
Razor strops
Shaving sets
Eyelash curlers.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Brushes
Coloration brushes
Electric Hair brushes, electric brushes for removing the hair
Electric brushes for cleaning the body, face
Make-up brushes
Electric brushes for nail care
Shaving brushes
Material for brush-making
Articles for cleaning purposes
Shaving pots
Hair combs and brushes
Cosmetic brushes
Applicators and sponges
Toothbrushes
Perfume atomizers and bottles
Containers for burning and diffusing incense, perfume and oils
Candle holders and candlesticks of non-precious metal
Tissue holders and dispensers
Toilet paper holders and dispensers
Combs
Hair combs
Shaving brush stands
Toilet brushes
Shampoo brushes
Eyebrow brushes
Exfoliating brushes
Electric hair brushes.
The mark was filed in class 35 with following description of goods:
Advertising
Business management and organization consultancy
Business management consulting
Business administration
Business organization consulting
Publication of publicity texts
Sample distribution
Demonstration of goods
Sales promotion
Updating of advertising material
Office functions
Advertising services
Distribution of prospectuses, samples and advertising articles
Organization of shows or events for commercial or advertising purposes
Retailing, wholesaling and semi-wholesaling and e-commerce services of professional equipment and accessories for hairdressers, barbers and hairdressing and barbers salons, in particular hairdryers, electric straighteners for curling and styling the hair, Electric styling devices, hair straighteners and styling irons, heated products with interchangeable accessories for hair care, including electric hair straighteners, Hair clippers and epilators for the body, razors, scissors
Retailing, wholesaling and semi-wholesaling and e-commerce services of professional equipment and accessories for hairdressers, barbers and hairdressing and barber salons, in particular razors, beard clippers, electric hair clippers, Manicure and pedicure kits, nail care kits, Hand-operated hand tools and implements, razors, scissors for professional hairdressers and barbers
Retailing, wholesaling and semi-wholesaling and e-commerce services of professional equipment and accessories for hairdressers and hairdressing salons, in particular paper, cardboard and goods made from these materials, printed matter, such as books, advertising leaflets, catalogues, magazines, descriptions, instructions, information leaflets, teaching materials, photographs, stationery, office requisites, plastic materials for packaging, covers, bags, plastic films
Retailing, wholesaling and semi-wholesaling and e-commerce services of professional equipment and accessories for hairdressers, barbers and hairdressing and barber salons, in particular combs and sponges, brushes, except paint brushes, large-toothed hair combs, material for brush-making, articles for cleaning purposes
Retailing, wholesaling and semi-wholesaling and e-commerce services of professional equipment and accessories for hairdressers and barbers and hairdressing and barber salons, in particular brushes, hairbrushes, material for brush-making, Brushes for shaping the hair, electric brushes for removing hair, Electric brushes for cleaning the body, face, Make-up brushes, electric brushes for nail care, Shaving brushes
Retailing, wholesaling and semi-wholesaling and e-commerce services of professional equipment and accessories for hairdressers and barbers and hairdressing and barber salons, in particular clothing, headgear, Head coverings and aprons for professional hairdressers and barbers, Lace and embroidery
Retailing, wholesaling and semi-wholesaling and e-commerce services of professional equipment and accessories for hairdressers and barbers and hairdressing and barber salons, ribbons, braid, buttons, hooks and eyes, pins and needles, artificial flowers, hair curlers, hair bands, hair grips, hair pins, plaited hair, hair tresses, hair pieces and wigs
Retailing, wholesaling and semi-wholesaling and e-commerce services of professional equipment and accessories for hairdressers and barbers and hairdressing and barber salons, in particular hairstylers for hairdressing, products made by hand of hair for hairdressing purposes, Pins, Needles, Bobby pins, Barrettes, Hair pins, Toupees
Retailing, wholesaling and semi-wholesaling and e-commerce services of razors and scissors for professional hairdressers and barbers, Beard clippers, electric manicure sets, depilation appliances (electric and non-electric), razor cases, files (tools), fingernail polishers (electric or non-electric), hair styling appliances (hand-operated, non-electric)
Retailing, wholesaling and semi-wholesaling and e-commerce services of straightening irons, curling tongs, hair-removing appliances (electric and non-electric), hair clippers (electric and non-electric), manicure sets, nail files, nail files (electric), cuticle nippers, nail clippers (electric or non-electric), pedicure sets, tweezers, hair-removing tweezers, razors, electric or non-electric, razor blades, shavers, razor strops, shaving sets, eyelash curlers
Retailing, wholesaling and semi-wholesaling and e-commerce services of aprons for professional hairdressers and barbers, Headgear, Clothing
Retailing, wholesaling and semi-wholesaling and e-commerce services of electric Hair brushes, electric brushes for removing the hair, Electric brushes for cleaning the body and face, Make-up brushes, electric brushes for nail care, Shaving brushes, material for brush-making, articles for cleaning purposes, shaving pots, shaving brushes, shaving brush stands, hair combs and brushes, cosmetic brushes
Retailing, wholesaling and semi-wholesaling and e-commerce services of applicators and sponges, toothbrushes, perfume atomizers and bottles, containers for burning and diffusing incense, perfume and oils, tissue holders and dispensers, toilet paper holders and dispensers, Make-up brushes, Combs, Hair combs, Shaving brush stands, Shaving brushes, Toilet brushes, Shampoo brushes, Brushes
Advertising services
Marketing services
Organization of exhibitions and events for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes
Market research and marketing studies
Management of import-export agencies
Business management of flagship stores
Trade promotional services
Product presentation in communication media for retail purposes
Presentation of goods on all means of communication for retail
Wholesaling and retailing of preparations and products for care of the skin, hair and body, and hygiene preparations and products
Consumers (Commercial information and advice for -) [consumer advice shop]
Commercial information services, via the internet
Providing an on-line commercial information directory on the internet
Compilation of directories for publication on the internet
Business administration services for processing sales made on the internet
Marketing and promotional services, Including public relations, product demonstrations and product display services, Exhibition and trade fair services
Organisation of exhibitions and events for commercial or advertising purposes
Promotion and publicity
Dissemination of advertising matter
Dissemination of information or messages for advertising purposes by telephone, computer terminals or the press
Rental of advertising space
Shop window dressing
Demonstration of goods for commercial purposes
Market research
Publicity columns preparation
Sales promotion for others
Organisation of exhibitions, trade fairs or events for commercial or advertising purposes
Retailing, wholesaling and semi-wholesaling, including via mail-order and in the context of electronic commerce, of perfumery, essential oils, Organisation of events for advertising or commercial purposes
Import and export agency services
Advertising, advertising promotion and administration relating to customer loyalty schemes, including via customer clubs
Organisation of trade fairs for promotional purposes
All the aforesaid services also being provided via telecommunications channels, in particular via the internet
Information, advice and consultancy relating to the aforesaid services, in particular via global computer networks
Information, advice and consultancy relating to the aforesaid services
All the aforementioned services also via an online computer network or Internet
None of the aforesaid retailing, wholesaling, semi-wholesaling and e-commerce services for cosmetics.
The mark was filed in class 41 with following description of goods:
Education, training
Entertainment, organization and implementation of cultural and/or sporting events in the fields of hairdressing, shaving, barbering and cosmetics, motion picture rental and transparent slide rental, publication and issuing of books and magazines
Organization of international hairdressing, shaving and/or barbering awards
Organization of hairdressing shows and catwalks
Organization of seminars and special conferences, planning, development and operation of events in the hairdressers, shaving, barbering and cosmetic domain
Providing of training and continuing education for hairdressers and barbers
Arranging and conducting of conferences, events, colloquiums, workshops, congresses, seminars, conferences, meetings (training), courses, symposiums, exhibitions for cultural and educational purposes
Organization of lotteries and contests (education or entertainment)
Production of films and films on video tapes, radio programs, radio and television entertainment
Editing of video tapes, radio and television programs
Organization of exhibitions for cultural or educational purposes
Organization of entertainment
Providing education and training
Providing hairdresser training
Providing training for barber skills
Provision of training courses
Provision of hairdressing training courses
Provision of training courses for barbers
Hairdressing instruction
Educational seminars relating to hairdressing techniques
Consultancy in relation to the aforesaid services
Production of TV shows
Production, presentation and rental of television and radio programmes and of films and sound and video recordings
Production of audio-visual recordings
Provision of non-downloadable videos
Video production services
Production of training videos
Publication, production and rental of educational and instructional materials
Entertainment, education and instruction by or relating to television and radio programmes, and of films and sound and video recordings
Entertainment, education and instruction services
Entertainment, education and instruction relating to barber services
Organisation, presentation and production of shows, live performances and audience participation events
Hairdressing and barber exhibitions
Information, advice and consultancy relating to the aforesaid services
All the aforementioned services also via an online computer network or Internet.