The trademark FULLER was filed by Tupperware Products S.A., a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on January 14, 2007, and received one opposition filed on April 12, 2007 by THE FULLER BRUSH COMPANY, INC. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 12, 2007
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Make-up
Make-up removers
Perfumes
Fragrances
Deodorants
Essential oils
Bath oils
Bath salts
Bubble bath
Massage oils
Scented room sprays
Face, body, hand and foot creams, lotions and moisturizers
Soaps
Dentifrices
Nail polish
Nail polish remover
Sun care preparations (cosmetic products)
Shampoos
Hair conditioners, sprays, mousses, balms and gels
Hair coloring and decolorant preparations
Permanent waving, curling and straightening preparations
Household cleaning, polishing, scouring and abrasive preparations
Laundry preparations and soaps
Fabric softeners.
The mark was filed in class 8 with Cutlery and knives..
The mark was filed in class 16 with Printed catalogues, brochures, flyers, printed advertisements, handbooks, printed distribution guidebooks.
The mark was filed in class 21 with following description of goods:
Earthenware
Glassware
Porcelain
Pots
Pans
Cooking utensils and implements
Dishes
Glasses
Bowls
Household and kitchen utensils and containers (not of precious metal or coated therewith)
Containers for holding food and other household items
Mops
Sponges
Brooms
Dusters
Dust-pans.
The mark was filed in class 25 with Clothing, footwear, headgear.
The mark was filed in class 35 with following description of goods:
Direct selling, catalogue, door-to-door, mail order, online and retail sales services in relation to cosmetics, make-up, make-up removers, perfumes, fragrances, deodorants, essential oils, bath oils, bath salts, bubble bath, massage oils, scented room sprays, face, body, hand and foot creams, lotions and moisturizers, soaps, dentifrices, nail polish, nail polish remover, sun care preparations (cosmetic products), shampoos, hair conditioners, sprays, mousses, balms and gels
Hair coloring and decolorant preparations, permanent waving, curling and straightening preparations, household cleaning, polishing, scouring and abrasive preparations, laundry preparations and soaps, fabric softeners, earthenware, glassware, porcelain, cutlery, pots, pans, cooking utensils and implements, dishes, glasses, bowls, household and kitchen utensils and containers (not of precious metal or coated therewith), containers for holding food and other household items, mops, sponges, brooms, dusters, dust-pans, clothing, footwear and headgear, cutlery, knives
Advertising
Direct mail advertising
Promotional and marketing services
Sales promotion
Provision of commercial information
Distributorship services
Consultation services and sales by means of global computer information networks.