The trademark ESENCIA DE ALDA was filed by NATALIA ALEGRIA SIBONI LARA, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on June 1, 2023, and received one opposition filed on August 17, 2023 by ALDI Einkauf SE & Co. oHG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 17, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003201579 was rejected according to Article 8(1)(b) EUTMR with decision issued on September 1, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Fragrances
Perfumes
Fragrance preparations
Perfumery
Scented body lotions and creams
Cosmetics in the form of creams
Cosmetics in the form of powders
Functional cosmetics
Beauty care cosmetics
Body and facial creams [cosmetics]
Cosmetics
Essential oils and aromatic extracts
Toiletries.
The mark was filed in class 35 with following description of goods:
Retail services in relation to essential oils and aromatic extracts
Catalogue retail services in relation to essential oils and aromatic extracts
Mail order retail services in relation to essential oils and aromatic extracts
Wholesale services in relation to essential oils and aromatic extracts
Online retail services in relation to essential oils and aromatic extracts
Retail services in relation to toiletries
Catalogue retail services in relation to toiletries
Mail order retail services in relation to toiletries
Wholesale services in relation to toiletries
Online retail services in relation to toiletries
Advertising, marketing and promotional services
Import and export services
Retail services in relation to cosmetics
Catalogue retail services in relation to cosmetics
Mail order retail services in relation to cosmetics