The trademark SANITIEN was filed by Null Julia den Ouden h.o.d.n. J-DO, a national of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on February 22, 2021, and received one opposition filed on May 17, 2021 by AC MARCA BRANDS, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CANELA PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 17, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 19, 2024.
The Appeal with reference B R1733/2022-1 was Application allowed according to Article 8(1)(b) EUTMR with decision issued on April 18, 2023 by the EUIPO. The Opposition with reference B 003147159 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 13, 2022 by the EUIPO. The null with reference B T-345/23 was Decision annulled according to Article 8(1)(b) EUTMR with decision issued on July 2, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Body lotions, creams, hair care preparations including shampoo, conditioner, hair grease, hair gel, hair wax, hair lotions, hair masks, hair mousse and hair spray
Deodorants (for personal use)
Perfumery
Cosmetic skin care oils
Cosmetic body oils
Cosmetic face creams
Cosmetic skin cleansers
Hand creams
Liquid soaps
Perfumed soaps
Hand gels
Soaps for body care
Hygiene products, namely toiletries
Hygienic or deodorizing preparations for intimate body care
Moist cleaning cloths for hygienic and cosmetic purposes
Sprays for the body
Sprays for refreshing and washing the skin.
The mark was filed in class 5 with following description of goods:
Disinfectant hand cleansers
Disinfectants for household use
Disinfectants for hygienic use
Disinfectant soap
Sterilizing soaps
Hygienic wipes
Antibacterial sprays.
The mark was filed in class 21 with following description of goods:
Soap dispensers
Dispensers for disinfectants
Dispenser pillars for soaps, disinfectant soaps, sterilizing soaps, antibacterial soaps, gels, disinfectant gels, sterilizing gels and antibacterial gels
Dispensers for disinfecting hand cleansers.
The mark was filed in class 35 with following description of goods:
Advertisement
Business management
Business administration
Administrative services
Retail services in the field of cosmetics, namely soaps, gels, shower gel, bath foam, bath oil, shower creams, body lotions, creams, hair care products including shampoo, conditioner, hair grease, hair gel, hair wax, hair lotions, hair masks, hair mousse and hair spray, deodorants (for personal use), perfumery, cosmetic skin care oils, cosmetic body oils, cosmetic face creams, cosmetic skin cleansers, hand creams
Retail services in the field of liquid soaps, perfumed soaps, hand gels, soaps for body care, hygiene products namely toiletries, hygienic or deodorizing preparations for intimate body care, moist cleansing cloths for hygienic and cosmetic purposes, sprays for the body, sprays for refreshing and washing the skin
Retail services in the field of hand sanitizers, household disinfectants, sanitary disinfectants, disinfectant soaps, sterilizing soaps, sanitary wipes, antibacterial sprays
Retail services in the field of soap dispensers, disinfectant dispensers, dispenser pillars for soap, disinfectant soaps, sterilizing soaps, antibacterial soaps, gels, disinfectant gels, sterilizing gels and antibacterial gels.
The mark was filed in class 44 with following description of goods:
Consultation and services in the field of hygiene
Lending and rental of disinfectant dispensers, soap dispensers, towel dispensers, towel dispensers, paper towel dispensers, paper towel holders, soap dispensers, toilet roll dispensers and sanitary napkin / tampon dispensers
Lending and rental of devices, apparatus and supplies for sanitary and hygienic purposes
Information and advice regarding the aforesaid services, including via electronic networks, namely the Internet.