The trademark VUSH was filed by HuCaPro GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 26, 2020, and received one opposition filed on May 26, 2020 by Cosmetic Warriors Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 26, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 18, 2020.
The Opposition with reference B 003122623 was refused according to Article 8(1)(b) EUTMR with decision issued on October 3, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Room fragrancing preparations
Cosmetics
Cosmetic pencils
Fluid creams [cosmetics]
Nail base coat [cosmetics]
Lip stains [cosmetics]
Functional cosmetics
Organic cosmetics
Natural cosmetics
Emollient preparations [cosmetics]
Sun care preparations
Moisturising preparations
Concealers
Cosmetic facial lotions
Tanning milks [cosmetics]
Liners [cosmetics] for the eyes
Skin care lotions [cosmetic]
Decorative cosmetics
Mousses [cosmetics]
Suntanning oil [cosmetics]
Skin emollients
Sun-tanning gels
Facial washes [cosmetic]
Skin whitening preparations [cosmetic]
Skin masks [cosmetics]
Nail tips [cosmetics]
Nail hardeners [cosmetics]
Eyelid shadow
Sun protecting creams [cosmetics]
Sun bronzers
Creams for tanning the skin
Pre-moistened cosmetic wipes
Shaving cream
Bubble bath
Cosmetic kits
Cosmetics containing hyaluronic acid
Cosmetics containing keratin
Cosmetics containing panthenol
Cosmetics for children
Non-medicated cosmetics
Cosmetic foams containing sunscreens
Cleaner for cosmetic brushes
Cosmetic dyes
Cosmetics and cosmetic preparations
Impregnated cleaning pads impregnated with cosmetics
Impregnated cloths for cosmetic use
Temporary tattoos for cosmetic purposes
Basma [cosmetic dye]
Sun protectors for lips
Teeth whitening strips impregnated with teeth whitening preparations [cosmetics]
Body moisturisers
Cosmetic preparations for bath and shower
Refill packs for cosmetics dispensers
Nail primer [cosmetics]
Sun blocking oils [cosmetics]
Powder compact refills [cosmetics]
Non-medicated cosmetics and toiletry preparations
Perfumes
Oils for perfumes and scents
Perfumed soaps
Perfumery
Liquid perfumes
Solid perfumes
Scented body spray
Perfumed tissues
Scented body creams
Scented body lotions
Scented sachets
Scented soaps
Perfumed creams
Scented linen water
Deodorants for the feet
Natural perfumery
Body deodorants [perfumery]
Synthetic perfumery
Extracts of flowers [perfumes]
Peppermint oil [perfumery]
Deodorants for personal use [perfumery]
Musk [perfumery]
Eau de parfum
Aromatics for perfumes
Perfumed body lotions [toilet preparations]
Perfumed lotions [toilet preparations]
Perfumery, essential oils
Perfumery and fragrances
Cosmetic preparations for baths
Scented fabric refresher sprays
Scented body lotions and creams
Extracts of flowers
Perfumed oils for skin care
Perfumed powder [for cosmetic use]
Cushions filled with perfumed substances
Cushions impregnated with perfumed substances
Perfume oils for the manufacture of cosmetic preparations
Essential oils for use in the manufacture of scented products