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, including electric hair straighteners and curlers
Electric nasal hair trimmers
Manicure and pedicure kits, nail care kits
Razors and scissors for professional hairdressers and barbers
Shaving sets, namely beauty sets composed of mustache trimmers, beard trimmers, razors and shaving brushes
Eyelash curlers
Hand tools and implements, hand-operated
Razors
Razor blades
Razor knives
Cases (Razor -)
Razor cases
Disposable razors
Safety razors
Straight razors
Electric razors
Japanese razors
Razor blade dispensers
Safety razor blades
Non-electric razors
Vibrating blade razors
Cases for razors
Dispensers for razor blades
Razor strops [leather strops]
Cartridges for razor blades
Cartridges containing razor blades
Cassettes for razor blades
Cases adapted for razors
Blades for electric razors
Containers adapted for razor blades
Safety razor blades (Dispensers for -)
Beard trimmers
Electric beard trimmers
Nasal hair trimmers
Wick trimmers [scissors]
Electric hair trimmers
Non-electric eyebrow trimmers
Trimmers [hand operated tools]
Nail skin treatment trimmers
Mustache and beard trimmers
Electric ear hair trimmers
Non-electric beard trimmers
Wick trimmers being scissors
Hedge trimmers [hand-operated tools]
Candle wick trimmers being scissors
Beard Shaping Tool
Tool aprons
Shaving cases
Shaving blades.
The mark was filed in class 11 with Hairdryers.
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
Material for brush-making
Articles for cleaning purposes
Hair combs and brushes
Cosmetic brushes
Sponges
Toothbrushes
Perfume atomizers and bottles
Containers for burning and diffusing incense, perfume and oils
Candle holders and candlesticks of non-precious metal
Trash and rubbish cans and bins
Tissue holders and dispensers
Toilet paper holders and dispensers
Combs
Shaving brush stands
Toilet brushes
Shampoo brushes
Eyebrow brushes
Exfoliating brushes
Shaving stands
Shaving brushes
Stands for shaving brushes
Shaving brush holders
Stands for shaving utensils
Holders for shaving brushes
Shaving brushes of badger hair
Shaving dishes
Shaving bowls
Shaving pots
Hairbrushes
Hair combs
Hair brushes
Hair tinting brushes
Hair tinting bowls
Electric hair combs
Hair color application bottles
Hair color application brushes
Caddies for holding hair accessories for household and domestic use
Large-toothed combs for the hair
Combs for the hair (Large-toothed -)
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
Point-of-sale advertising
Distribution of prospectuses, samples and advertising articles
Organization of shows or events for commercial or advertising purposes
Retailing, wholesaling and semi-wholesaling as well as mail order 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 as well as mail order 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 as well as mail order and e-commerce services of professional equipment and accessories for hairdressers and hairdressing salons, in particular paper, cardboard and 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 as well as mail order 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 as well as mail order 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 as well as mail order 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 as well as mail order 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 as well as mail order and e-commerce services of professional equipment and accessories for hairdressers and barbers and hairdressing and barber salons, in particular hairstylers for hairdressing, pins, needles, bobby pins, barrettes, hair pins, toupees
Retailing, wholesaling and semi-wholesaling as well as mail order 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 as well as mail order 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 as well as mail order and e-commerce services of aprons for professional hairdressers and barbers, Headgear, Clothing
Retailing, wholesaling and semi-wholesaling as well as mail order 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 as well as mail order 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
Development of advertising and marketing concepts
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
Management of flagship stores
Consultancy relating to the management of flagship stores
Retailing, wholesaling and semi-wholesaling as well as mail order and ecommerce services, also on Internet, with hair care products and professional equipment and accessories for hairdressers and barbers and hairdressing and barber salons
Product presentation in communication media for retail purposes
Presentation of goods on all means of communication for retail
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, Trade show and exhibition 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
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 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
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
Hairdressing instruction
Barber instruction
Educational seminars relating to hairdressing and barber techniques
Demonstration of hairdressing and barber products for training purposes
Provision of courses of instruction in the removal of unwanted hair
Information, advice and consultancy relating to the aforesaid services
All the aforementioned services also via an online computer network or Internet.