The trademark was filed by STEFANO RICCI S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 7, 2020, and received one opposition filed on October 29, 2020 by HEINEKEN ESPAÑA, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by FERNÁNDEZ-PALACIOS ABOGADOS, S.L.P.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 29, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Soap
Shaving soaps
After-shave preparations
Bath foam
Shampoos
Perfumes
Toilet water
Essential oils
Scents
Hair care lotions
Balms
Dentifrices
Cosmetics
Toilet water
Scented water
Balsamic hand creams for cosmetic use
Cosmetic creams
Anti-wrinkle cosmetic creams for use around the eyes
Body creams (cosmetics)
Skin care creams [cosmetic]
Bath creams
Shower creams
Day creams
Night cream
Shaving cream
Pre-shave creams
Cleansing cream (cosmetics)
Beauty creams for face and body care
Aftershave creams
Scented body lotions and creams
Deodorants and antiperspirants for personal use
Emulsions, gels and lotions for the care of the skin
After-shave emulsions
Cloths impregnated with essential oils, for cosmetic purposes
Replacement fragrances for electric diffusers for rooms
After-shave gel
Bath and shower gels and salts not for medical purposes
Massage gels, other than for medical purposes
Gels for sculpting the hair
Hair care and styling gels, sprays, foams and balms
Granules for cleaning the face
Cosmetic moisturisers for the face
Hair moisturisers
Skin moisturisers
After-sun milk (cosmetics)
Moisturizing milk
Lotions for beards
Lotions, creams and preparations for care of the face, body, scalp, nails and hair
After-shave lotions
Massage oils and lotions
Beauty masks
Cosmetic kits
Oils for toilet purposes
Massage oils
Potpourris [fragrances]
Facial washes [cosmetic]
Shaving preparations
Sachets for perfuming linen
Cologne, aftershaves
Air fragrancing preparations
Beauty soap
Bath soap
Shaving soap
Cream soaps
Liquid soap for hands, face and bodies
Hair mousses and gels
Talcum powder, for toilet use
Skin toners
Fragrances
Make-up
Sun creams
Body lotions
Bath preparations, not for medical purposes
Cosmetic hair dressing preparations
Perfumed lotions [toilet preparations]
Air fragrancing preparations.
The mark was filed in class 9 with following description of goods:
Spectacles
Spectacle frames
Spectacle cases
Cases designed for sunglasses
Goggles for sports
Cases of leather or imitations of leather for mobile telephones
Cases for eyewear
Leather cases formobile phones
Sleeves for laptops
Cell phone covers
Leather cases for smartphones
Electronic book reader covers
Carrying cases for portable music players
Covers for tablet computers
Sunglasses
Spectacles
Spectacles and sunglasses
Covers for glasses
Cords for mobile phones (straps)
Computer bags
Cases for electronic personal organizers
Containers for storing discs
Holders for compact discs
Storage cases for CDs and DVDs
Camera bags
Canvas or textile covers for mobile phones and tablet computers
Mouse pads
Decorative magnets
Cases for headphones
Sports bags adapted to contain protective helmets
Protective helmets
Protective helmets for sports.
The mark was filed in class 11 with following description of goods:
Lighting apparatus
Lamps
Floor lamps
Chandeliers
Lamp globes
Electric lamps
Ceiling lights.
The mark was filed in class 14 with following description of goods:
Wristwatches
Pocket watches
Wall clocks [horological]
Watches made of precious metals
Water clocks
Sports watches
Watches incorporating a telecommunication function
Wristwatches with GPS apparatus
Pendants for watch chains
Buckles forwatchstraps
Bracelets for watches
Cases for clocks and watches
Presentation boxes for watches
Chronometers
Rings [jewellery]
Bracelets
Tie clips of precious metal
Ornamental chains of precious metal
Cuff links
Brooches, of precious metal
Buttons of precious metal
Tabletop and wall clocks
Jewellery
Paste jewellery
Precious stones
Necklaces [jewellery]
Earrings
Jewellery charms
Gems
Pearls and precious metals and imitations thereof
Tie pins
Jewelry boxes of precious metal
Jewellery boxes of precious metal
Boxes of precious metal
Jewellery cases not of precious metal
Key rings and key chains, and charms therefor
Key chains as jewellery [trinkets or fobs]
Key fobs of precious metals
Alarm clocks
Hat jewellery
Shoe jewellery
Diamonds
Chronographs [watches]
Pendulums [clock- and watchmaking]
Watch bands
Watch cases [parts of watches].
The mark was filed in class 16 with following description of goods:
Albums
Engravings, lithographic works of art
Book covers
Desk sets
Photographs [printed]
Stationery
Inkwells
Adhesives for stationery or household purposes
Artists' materials
Paintbrushes
Writing machines and office requisites (not furniture)
Paperweights
Ink
Mines
Automatic pencils
Pencils and pencil cases
Pens
Pencil cups
Fountain pens
Fountain pens
Writing or drawing books
Magazines [periodicals]
Newspapers
Books
Writing, drawing and painting instruments
Calendars
Writing paper
Paper invitation cards
Greeting cards
Terrestrial globes
Paper
Cardboard.
The mark was filed in class 18 with following description of goods:
Key cases
Tie cases for travel
Key cases made of leather
Key cases of leather or moleskin (imitation of leather)
Walking staffs
Travelling trunks
Bags
Travelling sets [leatherware]
Reins
Card cases [notecases]
Credit-card holders
Business card cases
Cheque book holders
Briefcases (leatherware)
Coverings of skins [furs]
Briefcases
Fur-skins (pelts)
Pocket wallets
Wallets of precious metal
Purses
Suitcases
Attaché cases
Travelling bags
Rucksacks
Saddlery
Halters
Horse collars
Horse blankets
Riding saddles
Horseshoes
Halters
Cross-body bags
Bags for sports
Beach bags
Handbags
Evening handbags
Ladies' handbags
Make-up bags, not fitted
Clutches [purses]
Vanity cases, not fitted
Travelling sets [leatherware]
Travel bags for footwear
Attaché cases
Garment bags for travel
Flexible bags for garments
Travelling bags
Overnight bags
All-purpose carrying bags
Leather and imitation leather bags
Shopping bags
Chain mesh purses
Saddlebags
Bags of precious metal (handbags)
Purses
Gentlemen's handbags
Bags for sports clothing
Garment bags of leather for travel
Small bags for men
Multi-purpose purses
Bumbags
Attaché cases of leather
Document bags of imitations of leather
Leather luggage tags
Credit card cases [wallets]
Key cases
Unfitted vanity cases
Daypacks
Music cases
Beach bags
Haversacks
School book bags
School knapsacks
Rucksacks on castors
Sports packs
Golf umbrellas
Parasols
Umbrella sticks
Bags for umbrellas
Umbrella covers
Hat boxes for travel
Hat boxes of leather
Umbrellas
Parasols
Leather and imitations of leather.
The mark was filed in class 20 with following description of goods:
Furniture
Tables
Seats
Divans
Armchairs
Mirrors (silvered glass)
Frames
Cupboards
Works of art of wood, wax, plaster or plastic
Animal horns
Garment bags for travel
Bins, not of metal
Costume stands
Hat stands
Bins, not of metal
Furniture schemes
Tea trolleys
Bassinets
Cushions
Casks of wood for decanting wine
Pillows
Coat hangers
Lecterns
Mannequins and tailors' dummies
Mattresses
Shelves
Bookstands
Umbrella stands
Furniture partitions of wood
Book rests [furniture]
Magazine racks
Doors for furniture
Flower-pot pedestals
Shelves, shelving
Ladders of wood
Boxes of wood
Writing desks
Writing desks
Deck chairs
Footstools
Sofas
Corks for bottles
Indoor window blinds of textile
Dressing tables
Office furniture
Glass cabinets
Trolleys for computers [furniture]
Curtain rails
Seat cushions
Coatstands
Benches [furniture].
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Brushes, except paint brushes
Glassware
Porcelain and earthenware not included in other classes
Indoor aquaria
Works of art of porcelain, terracotta or glass
Drinking glasses
Glass bowls
Bottles
Jugs
Busts of porcelain, ceramic, earthenware or glass
Stemware
Shoe horns
Candelabra [candlesticks]
Candlesticks
Decanters
Crystal (glassware)
Sculptures made from glass
Meal trays
Decanters
Corkscrews and bottle openers
Fruit dishes
Ceramics for household purposes
Knife holders
Statuettes of porcelain, ceramic or earthenware
Flower pots
Flasks
Salad bowls
Shaving brushes and shaving brush stands
Table plates
Saucers
Perfume sprayers and vaporisers
Coffee and tea services (tableware)
Cups
Teapots
Sugar bowls
Soup bowls
Waste paper baskets
Brushes for footwear
Toothbrush containers
Combs
Sponges.
The mark was filed in class 24 with following description of goods:
Textiles
Covers
Eiderdowns (down coverlets)
Bed covers
Sheets [textile]
Table covers
Table linen
Napkins.
The mark was filed in class 25 with following description of goods:
Clothing
Dresses
Dressing gowns
Bath robes
Bathing suits
Bathing trunks
Berets
Underwear
Underwear
Blouses
Suspenders
Footwear
Training shoes
Stockings
Socks
Lounging robes
Shirts
Hats
Casual jackets
Belts [clothing]
Cravats
Bow ties
Pocket squares
Scarves
Foulards [clothing articles]
Cummerbunds for dinner jackets and formal wear
Jackets [clothing]
Blousons
Overcoats
Gloves [clothing]
Raincoats
Clothing of leather
Hosiery
Jerseys [clothing]
Mock turtleneck shirts
Sweaters
Sweaters
Cloaks
Trousers
Slippers
Clothing of leather
Pelisses
Furs [clothing]
Pyjamas
Sandals
Shoes
Collar protectors
Beach clothes
Half-boots
Boots
Tee-shirts
Golf clothing, other than gloves
Tennis wear
Riding jackets
Equestrian and polo clothing
Clothing for horse-riding [other than riding hats]
Riding jackets
Jodhpurs
Motorcycle jackets
Cycling tops
Polo shirts
Golf trousers
Golf trousers
Golf caps
Footwear and boots for small children
Children's wear
Children's headwear
Cloth bibs for babies and children
Trousers for children
Infants' footwear
One-piece bodysuits for babies
Layettes [clothing]
Ski-wear
Skiing hats
Ski jackets
Ski gloves
Ski trousers
Ski boots
Ski scarves
Snow suits
Ski suits for competition
Headgear
Gym shoes (sneakers)
Training shoes
Wooden shoes
Bath sandals
Footwear uppers
Inner soles
Soles for footwear
Heels
Sportswear
Sweat shirts
Knitwear [clothing]
Clothing of imitations of leather
Shawls
Bandanas [neckerchiefs]
Muffs [clothing]
Bermuda shorts
Trousers shorts
Leggings [trousers]
Jumper suits
Ear muffs [clothing]
Visors [headwear]
Skirts
Dresses
Polo shirts
Undershirts
Sports jerseys
Gilets
Quilted vests
Overcoats
Parkas (hooded jackets)
Parkas
Down jackets
Down vests
Cagoules
Nighties
Fingerless gloves
Beach robes
Beach hats
Lounging robes
School uniforms
Sandals and beach shoes
Rain boots
Inner soles
Shoe soles
Insoles for footwear
Heels.
The mark was filed in class 26 with following description of goods:
Buttons
Buckles
Shoe buckles
Metal fasteners for footwear
Shoe trimmings
Shoe hooks
Stud buttons [fasteners] for shoes
Decorative charms for spectacles
Decorative charms for cellular phones
Embroidery laces
Lace trimmings.
The mark was filed in class 28 with following description of goods:
Cricket bags
Golf bag trolleys
Bags adapted for snow skis
Golf bags, with or without wheels
Toy gliders
Tennis ball throwing apparatus
Apparatus for games
Hunting bows
Bows for archery
Cabinets for dartboards
Fencing weapons
Cases for game accessories
Dart cases
Cases for tennis balls
Snowboard bindings
Snow ski bindings
Bindings for alpine skis
Hand-operated gymnastic equipment
Billiard game playing equipment
Archery implements
Machines for physical exercises
Divot repair tools [golf accessories]
Golf flags (sporting articles)
Golf clubs
Floorball sticks
Field hockey sticks
Targets
Firearm targets
Dartboards
Archery targets
Skittles
Dowling pins
Bocce balls
Bowling pins
Playing balls
Bags for bowling balls
Bridges for billiard cues
Golf club shafts
Hunting hides (sporting articles)
Golf bag trolleys
Playing cards
Ball baskets for tennis
Shaped cases for golf clubs
Cases adapted for carrying golf putters
Covers (Shaped -) for squash racquets
Tennis racket covers (shaped)
Covers (Shaped -) for golf bags
Shaped cases for golf club heads
Dice
Archery quivers
Golf irons
Chips for playing bingo
Poker chips (articles for games)
Foils for fencing
Hunting game calls
Toy arrows
Arrows [for archery]
Darts
Toys
Handmade soft toys
Handmade fabric toys
Board games
Table basketball games
Building games
Dice
Draughts [games]
Dominoes
Darts
Chess games
Parlour games
Target games
Table football
Landing nets for golf balls
Cricket bats
Ice hockey sticks
Model vehicles
Scooters [toys]
Monoskis for snow
Posts for table tennis nets
Posts for tennis nets
Grip tape for golf clubs
Racquet grip tapes
Teddy bears
Stuffed toy bears
Billiard balls
Cricket balls
Balls for games
Golf balls
Tennis balls
Balls racquet sports
Table tennis balls
Soccer balls
Play balloons
Basketballs
Roller skates
In-line roller skates
Ice skates
Stuffed toys
Soft toys
Chest protectors for sports use
Throat protectors for sporting use
Leg guards (sports articles)
Shoulder protectors for sporting use
Golf putters
Rackets
Snowshoes
Table tennis paddles
Ski sticks
Tennis rackets
Squash rackets
Mechanical bridges for billiard cues
Covers for snow skis
Chessboards
Boxes for playing cards
Snow skis
Snow sleds for recreational use
Snowboards
Épées for fencing
Snooker cues
Chalk holders for billiard cues
Putting mats (golf articles)
Billiard tables
Tables for table tennis
Foosball tables
Golf tees
Hunting tents (sporting articles)
Golf club heads
Cases for shooting bows
Cases for billiard cues
Toy vehicles
Playground apparatus for children
Games and multiple activities for children
Indoor play apparatus for children
Playhouses for children
Cases adapted for sporting articles
Surfboards
Sailboards
Sailboards
Monoskis and water skis.
The mark was filed in class 33 with following description of goods:
Wine
Spirits [beverages]
Sparkling wines.
The mark was filed in class 34 with following description of goods:
Tobacco
Articles for use with tobacco
Lighters for smokers
Tobacco pouches
Cigars
Cigar cutters
Cigar cases
Cigar boxes of precious metal
Humidors of precious metals
Tobacco pipes
Ashtrays
Cigarette cases
Containers for cigars
Cigarette and cigar boxes, including with dehumidifiers.
The mark was filed in class 35 with following description of goods:
Advertising
Advertising and marketing
Business management
Business administration
Office functions
The bringing together of a variety of goods, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of perfumery, cosmetics and personal hygiene articles, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of eyewear, cases and pouches, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of jewellery and horological instruments, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of leatherware, bags and umbrellas, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of furniture, mirrors and picture frames, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of works of art, curtains, goods of glass, crystal, porcelain, earthenware, table services, table articles and household objects, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of clothing, footwear and headgear, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of buttons, buckles and laces, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
The bringing together of sports equipment, games, toys and playthings, and making the aforesaid goods available to the public, enabling customers to view and purchase those goods
Sale of perfumery, cosmetics and personal hygiene articles
Sale of eyewear, cases and pouches
Sale of jewellery and horological instruments
Sale of leatherware, bags and umbrellas
Sale of furniture, mirrors, picture frames
Sale of works of art, curtains, goods of glass, crystal, porcelain, earthenware, table services, table articles and household objects
Sale of clothing, footwear and headgear
Sale of buttons, buckles and laces
Sale of sports equipment, games, toys and playthings
Online retail store services relating to clothing
Online retail store services relating to cosmetic and beauty products
Online retailing of eyewear, jewellery, horological instruments, leatherware, umbrellas, furniture, mirrors, picture frames, works of art, goods of glass, crystal, porcelain, earthenware, table services, table articles, household objects, footwear, headgear, buttons, buckles, sports equipment, games, toys and playthings
Presentation of goods on communication media, for retail purposes
Sale via mail order relating to footwear, clothing, bags and fashion accessories, household articles and furniture
On-line advertising on a computer network
Advertising and marketing in the fashion sector
Promoting the goods and services of others through advertisements on Internet websites
Assistance relating to the management of a franchised company
Assistance in business management within the framework of a franchise contract
Organisation of exhibitions and events for commercial or advertising purposes
Organization of exhibitions for commercial or advertising purposes
Organisation and conducting of exhibitions and trade fairs for commercial or advertising purposes
Organisation of events, exhibitions, trade fairs and shows for commercial, promotional or advertising purposes
Advertising, including promotion of products and services of third parties through sponsoring arrangements and licence agreements relating to international sports' events
On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet.
The mark was filed in class 42 with following description of goods:
Science and technology services
Research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Dress designing
Design of interior decor
Architectural consultancy
Styling [industrial design]
Industrial and graphic art design
Design of boats
Styling [industrial design]
Styling [industrial design]
Product design
Design services
Dress designing
Art work design
Textile design services
Design of home pages
Designing of watches
Dress designing
Dress designing
Design of glass and of glass products
Art work design
Jewellery design services
Design services relating to interior decorating for homes
Design of clothing, footwear and headgear
Design services relating to furnishing fabrics
Textile design services for motor vehicle trim
Consultancy relating to the creation and design of websites
Research and development of computer software
Software design and development
Services for the writing of computer software
Computer programming
Computer design and programming services.
The mark was filed in class 43 with following description of goods: