The trademark pink mood was filed by GEISHA COSMETICS, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on August 2, 2023, and received one opposition filed on October 31, 2023 by Empowered Products, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by K&L GATES LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 31, 2023
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003205737 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cleansers for intimate personal hygiene purposes, non medicated
Feminine hygiene cleansing towelettes
Vaginal washes for personal sanitary or deodorant purposes
Feminine deodorant sprays
Cosmetics and cosmetic preparations
Oils for cosmetic purposes
Cosmetic creams
Cosmetic creams and lotions
Soap
Cosmetics in the form of gels
Balms, other than for medical purposes
Shampoos
Non-medicated beauty preparations
Body cleaning and beauty care preparations
Massage waxes
Massage creams, not medicated
Massage candles for cosmetic purposes
Non-medicated massage preparations
Massage oils and lotions
Essential oils and aromatic extracts
Perfumery and fragrances
Perfumed tissues.
The mark was filed in class 5 with following description of goods:
Sexual stimulant gels
Orgasm creams
Spermicidal creams
Spermicides
Contraceptive preparations
Oral contraceptives
Contraceptive foams
Disinfectants and antiseptics
Pharmaceuticals
Chemical pessaries
Vaginal washes for medical purposes
Vaginal antifungals
Vaginal moisturizers
Medicinal oils
Creams for dermatological use
Medicated creams
Medicated shampoos
Collagen for medical purposes
Gels for dermatological use
Enema preparations
Pharmaceutical preparations for inducing erections
Pharmaceuticals for the treatment of erectile dysfunction
Spermicides for application to condoms.
The mark was filed in class 10 with following description of goods:
Adult sexual aids
Artificial penises [adult sexual stimulation aids]
Artificial penises, being adult sexual aids
Penis enlargers, being adult sexual aids
Sexual activity articles
Contraceptive implants
Vaginal specula
Vaginal dilators
Vaginal syringes
Medical instruments for application in human bodies
Sex aids
Electrically operated massagers
Non-electric massage apparatus
Sexual activity apparatus, devices and articles
Sexual activity apparatus
Sexual activity devices
Benwa balls, being adult sexual aids
Vibrators, being adult sexual aids
Artificial vaginas, being adult sexual aids
Dildos
Constriction rings for use in maintaining penile rigidity in men with erectile dysfunction
Anal plugs
Penis rings
Sex toys
Love dolls [sex dolls]
Contraceptives, non-chemical
Intrauterine devices
Contrivances made from natural rubber for contraceptive purposes
Contrivances of synthetic rubber for contraceptive purposes
Diaphragms for contraception
Endoscopic apparatus
Condoms
Spermicidal condoms
Condoms having spermicidical properties
Massage apparatus
Massage balls
Body massagers
Douche bags
Urethral dilators
Uterine dilators
Gynecological dilators
Rectal dilators
Enema apparatus
Enema syringes
Apparatus for the therapeutic stimulation of the body
Static electric therapy apparatus
Apparatus for nerve stimulation
Transcutaneous electrical nerve stimulators
Low frequency electric therapy apparatus.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Saddlery
Whips.
The mark was filed in class 35 with following description of goods:
Retail services in relation to sex aids
Online ordering services
Online retail store services relating to cosmetic and beauty products
Online retail store services relating to clothing
Wholesale services in relation to beauty implements for humans
Retail services in relation to beauty implements for humans
Wholesale services in relation to hygienic implements for humans
Retail services in relation to hygienic implements for humans
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services connected with the sale of clothing and clothing accessories
Retail services in relation to clothing accessories
Retail services in relation to clothing
Wholesale services in relation to domestic electrical equipment
Wholesale services in relation to domestic electronic equipment
Retail services relating to sporting goods
Retail services relating to furs
Retail services in relation to fashion accessories
Retail services in relation to domestic electrical equipment
Retail services in relation to domestic electronic equipment
Retail services relating to fragrancing preparations
Online retail services relating to luggage
Online retail services relating to toys
Online retail services relating to jewelry
Online retail services relating to cosmetics
Online retail services relating to clothing
Retail services relating to fake furs
Wholesale services relating to fake furs
Retail services relating to batteries
Retail store services in the field of clothing
Retail services in relation to footwear
Retail services in relation to toiletries
Retail services in relation to cleaning articles
Retail services in relation to saddlery
Retail services in relation to disposable paper products
Retail services in relation to dietary supplements
Retail services in relation to physical therapy equipment
Retail services in relation to jewellery
Retail services in relation to printed matter
Retail services in relation to headgear
Retail services in relation to fabrics
Retail services in relation to medical apparatus
Retail services in relation to medical instruments
Retail services in relation to luggage
Wholesale services in relation to luggage
Retail services in relation to sporting articles
Retail services in relation to festive decorations
Wholesale services in relation to festive decorations
Retail services in relation to wall coverings
Retail services in relation to sporting equipment
Retail services in relation to games
Wholesale services in relation to games
Wholesale services relating to sporting goods
Wholesale services relating to furs
Wholesale services in relation to clothing
Wholesale services in relation to footwear
Wholesale services in relation to jewellery
Wholesale services in relation to toys
Wholesale services in relation to toiletries
Wholesale services in relation to headgear
Wholesale services in relation to fabrics
Wholesale services in relation to cleaning articles
Wholesale services in relation to saddlery
Wholesale services in relation to fragrancing preparations
Wholesale services in relation to cleaning preparations
Wholesale services in relation to dietary supplements
Wholesale services in relation to sporting equipment
Retail services in relation to toys
Wholesale services in relation to sporting articles
Wholesale services in relation to medical apparatus
Wholesale services in relation to medical instruments