The trademark MUSE by Atanasia was filed by MUSE Cosmetics Ltd, a corporation established under the laws of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on July 11, 2023, and received one opposition filed on October 11, 2023 by Cosmetize B.V. on Likelihood of confusion. the opponent was represented by MERKENBUREAU KNIJFF & PARTNERS B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 11, 2023
The application was filed in Bulgarian, and Bulgarian was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on March 12, 2024.
The Opposition with reference B 003204803 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on July 24, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Air fragrancing preparations
Aromatics [essential oils]
Scented water
Joss sticks
Scented wood
Almond soap
Almond oil
Almond milk for cosmetic purposes
Hair conditioners
Balms, other than for medical purposes
Bergamot oil
Herbal extracts for cosmetic purposes
Hair dyes
Shaving stones
Petroleum jelly for cosmetic purposes
Hydrogen peroxide for cosmetic purposes
Dental bleaching gels
Massage gels, other than for medical purposes
Lip coatings (Non-medicated -)
Sandpaper
Make-up
Mascara
Deodorants for pets
Deodorants for human beings or for animals
Deodorant soap
Decorative transfers for cosmetic purposes
Nail art stickers
Depilatory wax
Depilatory preparations
Extracts of flowers
Ethereal oils
Essential oils of cedarwood
Essential oils of citron
Jasmine oil
Skin whitening creams
Bleaching preparations [decolorants] for cosmetic purposes
False eyelashes
False nails
Potpourris [fragrances]
Ionone [perfumery]
Cakes of toilet soap
Toilet soap
Amber [perfume]
Cosmetic dyes
Cosmetic kits
Cosmetic creams
Beauty masks
Cosmetic pencils
Cosmetic preparations for baths
Cosmetic preparations for skin care
Cosmetic preparations for eyelashes
Cosmetic preparations for slimming purposes
Cosmetics
Eyebrow cosmetics
Cosmetics for animals
Collagen preparations for cosmetic purposes
Quillaia bark for washing
Whiting
Lipstick cases
Henna for cosmetic purposes
Wipes incorporating cleaning preparations
Tissues impregnated with cosmetic lotions
Tissues impregnated with make-up removing preparations
Lavender water
Lavender oil
Nail varnish
Nail varnish removers
Teeth whitening strips
Breath freshening strips
Adhesives for cosmetic purposes
Adhesives for affixing false eyelashes
Adhesives for affixing false hair
Lotions for cosmetic purposes
Hair lotions
Pre-shaving lotions
Greases for cosmetic purposes
Oils for cosmetic purposes
Oils for perfumes and scents
Oils for toilet purposes
Oils for cleaning purposes
Wintergreen oil
Mint for perfumery
Mint essence [essential oil]
Carbides of metal [abrasives]
Eyebrow pencils
Musk [perfumery]
Bath preparations, not for medical purposes
Neutralizers for permanent waving
Toilet water
Bases for flower perfumes
Colorants for toilet purposes
Eye-washes, not for medical purposes
Cotton wool for cosmetic purposes
Cotton pads for cosmetic purposes
Perfumery
Perfumes
Pumice stone
Tooth polish
Pomades for cosmetic purposes
Dentifrices
Hair straightening preparations
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Hair waving preparations
Fumigation preparations [perfumes]
Varnish-removing preparations
Nail care preparations
Make-up removing preparations
Sun-tanning preparations [cosmetics]
Aloe vera preparations for cosmetic purposes
Antiperspirants [toiletries]
Make-up powder
Scouring solutions
Rose oil
Soap products
Antiperspirant soap
Soap for foot perspiration
Sunscreen preparations
Bath salts
Hair spray
Breath freshening sprays
Cleansers for intimate personal hygiene purposes, non medicated
Sachets for perfuming linen
Dry shampoos
Talcum powder, for toilet use
Terpenes [essential oils]
Toiletries
Cleansing milk for toilet purposes
Phytocosmetic preparations
Canned pressurized air for cleaning and dusting purposes
Shampoos
Shampoos for pets [non-medicated grooming preparations]
Refill packs for hand soap dispensers
Non-medicated cosmetics and toiletry preparations.
The mark was filed in class 4 with following description of goods:
Perfumed candles
Nightlights [candles]
Oils for the preservation of leather
Moistening oil
Beeswax
Fish oil, not edible
Candles
Christmas tree candles
Lamp wicks
Wicks for candles and lamps
Wicks for lighting.
The mark was filed in class 5 with following description of goods:
Antibacterial soap
Antibacterial handwashes
Disinfectants
Disinfectants for hygiene purposes
Disinfectant soap
Fumigating sticks
Air deodorizing preparations
Deodorants for clothing and textiles
Deodorants, other than for human beings or for animals
Dietetic foods adapted for medical purposes
Enzyme dietary supplements
Mud for baths
Linseed oil dietary supplements
Lecithin dietary supplements
Liniments
Sunburn ointments
Mineral nutritional supplements
Wart pencils
Bath preparations for medical purposes
Acne treatment preparations
Protein dietary supplements
Remedies for perspiration
Remedies for foot perspiration
Soporifics
Slimming pills
Appetite suppressant pills
Tanning pills
Therapeutic medicated bath preparations
Thermal water
Infant formula
Food for babies and infants
Food supplements
Dietary supplements for animals
Yeast dietary supplements
Linseed dietary supplements
Propolis dietary supplements
Pollen dietary supplements
Wheat germ dietary supplements
Pediculicidal shampoos.
The mark was filed in class 8 with following description of goods:
Emery files
Fingernail polishers, electric or non-electric
Manicure sets
Manicure sets, electric
Pedicure sets
Hand implements for hair curling
Hair clippers for personal use, electric and non-electric
Nail clippers, electric or non-electric
Nail scissors
Depilation appliances, electric and non-electric
Nail files
Nail files, electric
Tweezers
Hair-removing tweezers
Cuticle tweezers
Polishing irons [glazing tools]
Razors.
The mark was filed in class 10 with following description of goods:
Apparatus for acne treatment
Apparatus for the treatment of deafness
Massage apparatus
Esthetic massage apparatus
Abdominal belts
Maternity belts
Abdominal corsets
Soporific pillows for insomnia.
The mark was filed in class 21 with following description of goods: