The trademark application DARE TO BE COLOURFUL was filed by POM HOLDING B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 5, 2021, and it was registered by office on December 13, 2021 without any oppositions.
The application was filed in Dutch (English was selected as the second language).
The Refusal with reference B 018382615 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on May 26, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Soap
Skin care preparations based on only natural ingredients
Cosmetic preparations for skin care
Cosmetic creams
Bath preparations
Antiperspirants [toiletries], Antiperspirants [toiletries], Being toiletries
Cosmetic shower and bath gel
Cosmetic bath and shower foams
Gel eye masks (cosmetics)
Hand cleansers
Skin cleansing foams
Cosmetic skin care products
Body cleansing foams
Serums for cosmetic purposes
Foot scrubs
Washing creams
Hand washes
Washing preparations for personal use
Soap free washing emulsions for the body
Soaps and cosmetic gels
Skin care oils [non-medicated]
Cosmetic oils for the body
Creams, gels, sprays, mousses and balms for hair styling and hair care
Shampoos
Perfumery
Toilet water
Toilet water
Toiletry preparations
Hair-care products
Deodorants for personal use
Ethereal oils
Cosmetic lotions
Suncare products
Hair lotions
Dentifrices.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publicity and sales promotion
Marketing
Merchandising
Promotion of goods and services of others
Mediation of advertising
Dissemination of advertising matter
Import and export, Retail and Distribution wholesale, in relation the following goods: Perfumery, For personal use and Not for laundry use, sanitary use or interior use, Clothing, footwear and headgear, headscarves, anmely, Scarves, Belts, Scarves, Underwear, Lingerie, Mouth masks, Leather and imitations of leather skins, hides
Luggage labels, Exchanges, Purses, Credit card holders and key cases, Animal skins, trunks and travelling bags, Travel accessories (leather goods), Panniers, Purses and pocket wallets, Vanity cases, not fitted, Umbrellas, parasols and walking sticks, whips, harness and saddlery, Furniture, mirrors, Picture frames, of the following materials: wood, Cork reed, Reed, wicker, Of horn, bone, ivory, whalebone, shell, amber, Mother-of-pearl, Meerschaum, Substitutes for all these materials, Stools, Bedding (except linen), Silvered glass [mirrors], door handles and Of non-metal door-handles, Seat cushions, decorative cushions and pillows, Head-rests [furniture], Coatstands, Clothing covers (wardrobes), Clothes stretchers, image, Works of art and models made of wood, wax, plaster or plastic, Fabrics, textile goods, Cushion covers and pillow cases, Bed covers, Beer, Non-alcoholic beverages, home design, Furniture accessories, coverlets, and The bringing together, in relation the following goods: all the aforesaid goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods
Arranging and conducting of promotional events and activities, including openings, demonstrations and product presentations
Arranging and conducting publicity and advertising events
Business organisation, professional business and business management consultancy
Business consulting relating to franchising
Management of personnel
Negotiating and concluding commercial transactions for others
Administrative handling of orders and related sales orders
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Compilation of information into computer databases
Data file administration
Organisation of exhibitions and trade fairs for business and promotional purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.