The trademark Tomcare was filed by Dongguan Tianhao Intellectual Property Service Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on January 21, 2021, and received one opposition filed on April 20, 2021 by Tommy Hilfiger Licensing B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CHIEVER BV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 20, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003144868 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 28, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Air fragrance reed diffusers
Ethereal oils
Extracts of flowers [perfumes]
Fumigation preparations [perfumes]
Perfumery
Scented wood
Incense
Air fragrancing preparations
Perfumes for industrial purposes
Aromatic essential oils
Essential oils for soothing the nerves
Lavender oil
Oils for perfumes and scents
Rose oil
Mint essence [essential oil]
Mint for perfumery
Perfume oils for the manufacture of cosmetic preparations
Perfumed soaps
Perfumery, essential oils
Blended essential oils
Amber [perfume]
Scented water
Eau de parfum
Cosmetic preparations for the care of mouth and teeth
Wax (Laundry -).
The mark was filed in class 4 with following description of goods:
Beeswax
Carnauba wax
Ceresine
Wax [raw material]
Belting wax
Industrial wax
Ozokerite
Paraffin
Wax for skis
Beeswax for use in the manufacture of cosmetics
Paper spills for lighting fires
Christmas tree candles
Tapers for lighting
Illuminating wax
Wicks for candles
Lamp wicks
Nightlights [candles]
Perfumed candles
Tinder
Petroleum jelly for industrial purposes
Fuel
Charcoal [fuel]
Lanolin for use in the manufacture of cosmetics.
The mark was filed in class 11 with following description of goods:
Light bulbs
Electric lamps
Lamps
Lamp mantles
Lamp shades
Chinese lanterns
Luminous tubes for lighting
Lights, electric, for Christmas trees
Lamps for christmas trees
Luminous house numbers
Electric torches
Solar powered torches
Light-emitting diodes [LED] lighting apparatus
Fairy lights for festive decoration
Lamps for festive decoration
Lighting and lighting reflectors
Candle lamps
Electric candles
Candle lanterns
Flameless light-emitting diode candles.
The mark was filed in class 18 with following description of goods: