The trademark I AM ENOUGH was filed by Marisa Peer, a national of the United Kingdom of Great Britain and Northern Ireland (the "Applicant") and John Robert Davy, a national of the United Kingdom of Great Britain and Northern Ireland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 11, 2021, and received one opposition filed on November 10, 2021 by shopmate GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Merx Pütz Rechtsanwälte PartmbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 10, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 13, 2021.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Accounting
Accounts (Drawing up of statements of -)
Administrative processing of purchase orders
Advertising by mail order
Arranging newspaper subscriptions for others
Arranging subscriptions to telecommunication services for others
Auctioneering
Auditing
Bill-posting
Business appraisals
Business consultancy (Professional -)
Business information
Business inquiries
Business investigations
Business management and organization consultancy
Business management assistance
Business management consultancy
Business management of hotels
Business management of performing artists
Business management of sports people
Business organization consultancy
Business research
Commercial administration of the licensing of the goods and services of others
Commercial information agencies
Commercial information and advice for consumers [consumer advice shop]
Commercial or industrial management assistance
Compilation of information into computer databases
Compilation of statistics
Cost price analysis
Data search in computer files for others
Demonstration of goods
Loyalty scheme services
Administration of consumer loyalty reward programs
Sales promotion through customer loyalty programs
Organisation and management of customer loyalty schemes and programs
Direct mail advertising
Dissemination of advertising matter
Distribution of samples
Document reproduction
Economic forecasting
Efficiency experts
Employment agencies
Fashion shows for promotional purposes (Organization of -)
File management (Computerized -)
Import-export agencies
Invoicing
Layout services for advertising purposes
Management (Advisory services for business -)
Marketing
Marketing research
Marketing studies
Modelling for advertising or sales promotion
News clipping services
Office machines and equipment rental
On-line advertising on a computer network
Opinion polling
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes
Outsourcing services [business assistance]
Payroll preparation
Personnel management consultancy
Personnel recruitment
Photocopying services
Presentation of goods on communication media, for retail purposes
Price comparison services
Procurement services for others [purchasing goods and services for other businesses]
Production of advertising films
Psychological testing for the selection of personnel
Public relations
Publication of publicity texts
Publicity
Publicity agencies
Publicity columns preparation
Publicity material rental
Radio advertising
Relocation services for businesses
Rental of advertising space
Rental of advertising time on communication media
Rental of photocopying machines
Rental of vending machines
Sales promotion for others
Secretarial services
Shop window dressing
Shorthand
Sponsorship search
Systemization of information into computer databases
Tax preparation
Telemarketing services
Telephone answering for unavailable subscribers
Television advertising
Transcription
Typing
Updating of advertising material
Word processing
Writing of publicity texts
Advertising and marketing
Advertising services
Business data analysis
Online advertising and marketing services
Promotional services
Business networking
Business monitoring and consulting services, namely, tracking users and advertising of others to provide strategy, insight, marketing guidance, and for analysing, understanding and predicting consumer behaviour and motivations, and market trends
Placing advertisements and promotional displays in electronic sites accessed via computer networks
Providing information regarding careers, employment, and job placement
Providing market information in relation to consumer products
Providing shopping information
Compiling and maintaining online directories
Providing information regarding organising and conducting volunteer programmes and community service projects
Computerized file management
Computer data recording services
Business information services
Providing business information over the internet
Retail services connected with the sale of stationery, printed matter, printed publications, calendars, diaries, notebooks, books, book marks, stickers, business cards, CDs, DVDs, USB sticks, mouse mats, candles, scented candles, mugs, coasters, water bottles, exercise mats, flasks, badges, lanyards, magnets, bags, phone cases, wallets, purses
Retail services connected with the sale of card holders, umbrellas, confectionery, sporting articles and equipment, playthings, toiletries, cosmetics, perfumery, essential oils, soaps, wax and wicks for lighting, cushions, mirrors, picture frames, towels, caps, mirrors, pens, magnets, badges, mugs, tote bags, journals, rucksacks, pictures, nightlights, lanyards, credit card holders
Retail services connected to the sale of clothing, footwear, headgear, all sold in connection with training and therapy courses and events
Retail and online retail services connected to the sale of paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for use in painting, decorating, printing and art
Retail and online retail services connected to the sale of non-medicated cosmetics and toiletry preparations, non-medicated dentifrices, perfumery, essential oils, bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, shaving preparations, soaps, creams, balms, deodorants for personal use, antiperspirants
Retail and online retail services connected to the sale of body wash, bath gels, oils, foams and salts, cosmetic accessories and instruments, fragrances, colognes, aftershaves, toiletries, hair gels, shampoo, mousse, spray, conditioner and wax, skin care and skin cleansing preparations, sunscreen and sun tanning preparations, oral hygiene products, toothpaste, cleaning preparations, shoe and boot creams and polishes, breath freshening sprays, hand washes
Retail and online retail services connected to the sale of industrial oils and greases, lubricants, dust absorbing, wetting and binding compositions, fuels (including motor spirit) and illuminants, candles and wicks for lighting
Retail and online retail services connected with the sale of Pharmaceuticals, medical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for humans and animals, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants
Retail and online retail services connected with the sale of preparations for destroying vermin, fungicides, herbicides, Dietary and nutritional supplements, dieting pills and powder preparations to promote fat burning, orally ingested gel for boosting energy, liquid vitamin supplements, mineral, vitamin, or nutritionally enhanced water, mineral nutritional supplements, vitamin supplement in tablet form for use in making an effervescent beverage when added to water
Retail and online retail services connected with the sale of medicaments for promoting recovery from tendon injuries, muscle injuries and sports related injuries, medicinal creams for skin care, plasters, kits containing medical preparations, filled first aid boxes and kits, pharmaceutical preparations and substances, medicinal preparations and substances, drugs for medical purposes, mineral and protein preparations and substances, protein supplements
Retail and online retail services connected with the sale of mineral drinks (medicated), waters (beverages) for medical purposes, vitamin drinks, drinks predominantly of minerals or vitamins, preparations for dietary use, dietetic substances adapted for medical use, nutritional supplements, food supplements, carbohydrates in liquid form, plant compounds and extracts for use as dietary supplements, nutritional supplements for boosting energy, highly caffeinated energy pills
Retail and online retail services in connection with the sale of hand tools and implements (hand-operated), cutlery, side arms, razors
Retail and online retail services in connection with Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, compact discs
Retail and online retail services in connection with DVDs and other digital recording media, mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment, computers, computer software, fire-extinguishing apparatus, universal timers, electric timers, countdown timers, smartphones in the shape of watch, wearable activity trackers, scales, weighing scales, electronic scales, bathroom scales, body fat scales, hydration weighing scales
Retail and online retail services in connection with headphones, earphones, wireless headphones, wireless speakers, cases for mobile phones, eyewear, glasses, spectacle glasses, optical glasses, sunglasses, sports glasses, lenses for glasses, frames for glasses, reading spectacles, eye glass cases
Retail and online retail services in connection with Computer application software for mobile phones, portable media players and handheld computers, namely, software for use in database management and use in electronic storage of data
Retail and online retail services in connection with computer application software for mobile phones, portable media players and handheld computers, namely, interactive multimedia software for providing information through the integration of text, audio, graphics, still images and moving pictures for the creation and management of individualized health, well-being, exercise and nutrition programs and by connecting users to the internet
Retail and online retail services in connection with protective helmets, protective visors, teeth protectors, protective eyewear, protective sports helmets, mouth protectors [gum shields], protective clothing [body armour], pedometers, electronic display apparatus for use with exercise equipment, swimming goggles, sports goggles, mouth guards, workout and exercise DVDs, life belts, jackets and boys, ear plugs, cell phone accessories, namely chargers, cables, skins, cases, screen protectors
Retail and online retail services in connection with, diving apparatus, glasses, visors, balancing apparatus, bells (warning devices), protective clothing, footwear and headgear, computers and computer apparatus, keyboards and mice, computer software, data processing apparatus, disks, distance measuring and recording equipment, downloadable files, downloadable ringtones for mobile phones, ear plugs and nose plugs, eyepieces, gauges, goggles for sports, headphones
Retail and online retail services in connection with high-visibility safety clothing and reflective safety vests, scale meters, electric locks, locks, padlocks, speakers, loudspeakers, magnets, portable media players, portable telephones, pressure indicators, personal devices for use against accidents, mouthguards, protective masks, protective helmets, helmets, sales, protective boots, sound, audio and video recording, display, reproduction and transmitting apparatus and instruments
Retail and online retail services in connection with frames, cases and straps for glasses, sunglasses, spectacles, reading glasses and eyewear, tape recorders, time clocks, walkie-talkies, nose clips for swimming, high visibility LED and reflective accessories, namely armbands, wristbands, headbands, waist belts, heel spurs, strobe lights, shoelaces, handheld lights, and vests with reflective and/or LED qualities for night time activity
Retail and online retail services in connection with Emergency information wrist bands, wearable and non-wearable standalone fitness tracking devices (which includes heart rate monitors, pedometers, GPS devices, timers, timing, stop watches, distance travelled, calories burned, sleep monitors etc)
Retail and online retail services in connection with cell phone accessories, meaning chargers, cables, skins, cases, arm bands, screen protectors, FM transmitters, ear buds/headphones, speakers, Computer accessories meaning skins, cases, screen protectors, earbuds/headphones, hubs, mouse pads, mice, chargers
Retail and online retail services in connection with paper and cardboard, printed matter, books, magazines, posters, bookbinding material, photographs, stationery and office requisites, except furniture, adhesives for stationery or household purposes, artists' and drawing materials, paintbrushes, instructional and teaching materials, plastic sheets, films and bags for wrapping and packaging, notebooks, spiral-bound notebooks
Retail and online retail services in connection with folders, binders, wall calendars, desktop planners, agendas, writing instruments, pens, pencils, markers, crayons, highlighter pens, envelopes, paper clips, writing grips, book marks, pencil boxes, stationery cases, drafting rulers, gift vouchers, removable tattoos, banners of paper, display banners made of cardboard, passport holders, glues, adhesives, diaries, calendars, desk mats, pamphlets
Retail and online retail services connected to the sale of Leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, suitcases, luggage, bags, backpacks, rucksacks, knapsacks, cases, wallets, purses, pouches
Retail and online retail services connected to the sale of card holders, belts, umbrella seats, canes, horse tack, frames for handbags, straps for skates, tote bags, duffle bags, gym bags, all-purpose sports bags, extendible backpacks, padded backpacks, overnight bags, athletic bags, belt bags, garment bags for travel, kit bags, school bags, shoe bags for travel, toiletry bags sold empty, cosmetic bags sold empty, holdalls
Retail and online retail services in connection with household or kitchen utensils and containers, combs and sponges, brushes, except paintbrushes, brush-making materials, articles for cleaning purposes, unworked or semi-worked glass, except building glass, glassware, porcelain and earthenware
Retail and online retail services in connection with water bottles, sports bottles, drinking bottles, plates, cups, bowls, dishes, baskets and trays for domestic use, tableware, cooking utensils, trinket boxes, cool bags, thermally insulated flasks for household use, mugs, tankards, lunch boxes, shakers, protein shaker bottles
Retail and online retail services in connection with textiles and substitutes for textiles, household linen, banners, textile wall hangings, linen and upholstery fabrics, bed linen, bed covers, bed clothes, bed spreads, quilt covers, duvet covers, mattress covers, bed sheets, pillows, pillow cases, pillow covers, quilts, duvets, towels, flannels, face towels, kitchen towels, tea towels, bath linen, shower curtains, table linen
Retail and online retail services in connection with table cloths not out of paper, cloth napkins, textile coasters, curtains, curtain tie backs in the nature of textile curtain holders, cushion covers, handkerchiefs, blinds and cloth coasters, bunting, boxing ring canvas, flags, cushions, pads, covers, padding and ropes for boxing rings, all made of textiles or textile materials
Retail and online retail services in connection with the sale of lace, braid, embroidery and haberdashery, ribbons and bows, buttons, hooks and eyes, pins and needles, artificial flowers, hair decorations, false hair, braid, sewing pins, sewing needles, ornamental novelty badges for wear not of precious metals, zip fasteners for bags, edgings for clothing, clothing hooks, shoulder pads for clothing, collar stays
Retail and online retail services in connection with the sale of competitors' numbers not of textile, decorative cords for clothing, trouser clips for cyclists, heat adhesive patches for decoration of textile articles, shoe fasteners, competitors' numbers and letters not of textile for marking linen, monogram ornamental cloth patches for marking linen on clothing, ornamental novelty badges, zippers, shoe laces, belt clasps, Novelty buttons
Retail and online retail services in connection with the sale of games, toys and playthings, video game apparatus, gymnastic and sporting articles, decorations for Christmas trees, fitness and exercise equipment, supporters, protectors, guards and pads for sports, athletics and fitness, mouth guards, playground apparatus and equipment, playing cards, ear and eyebrow protectors for boxers, boxing masks, boxing gloves, hand tapes and wraps for boxing and MMA (mixed martial arts) use
Retail and online retail services in connection with the sale of punch mitts and gloves, punch and kick boards, grappling gloves, sparring gloves, gloves for sports, gloves for use in boxing and MMA (mixed martial arts), striking bags, strike shields, target paddles, punching bags, freestanding bags, training dummies, striking-bag platforms, dumbbells, rowing machines, chest weights, spring exercisers, grip developers, medicine balls, head guards, punching bags, training bags, skipping ropes
Retail and online retail services in connection with the sale of shoe guards, boxing and wrestling rings, gymnasium horses, parallel bars, weight benches, step machines, weightlifting gloves, trampolines, exercise equipment, weight lifting equipment, weight lifting belts, free weights, aerobic equipment, aerobic fitness belts, stationery cycles, elastic exercise bands, ankle weights, wrist weights, treadmills, exercise bikes
Retail and online retail services in connection with the sale of stationery bikes, elliptical machines, martial arts equipment, kicks, shin guards, body shields, dumb-bells, kettle bells, free weights, medicine balls, gym balls, gym bars, sit up benches, exercise bikes, stationary bikes, weight benches, weight towers, trampolines, sport mats, aerobic equipment, aerobic fitness belts
Retail and online retail services in connection with the sale of stationery cycles, elastic exercise bands, ankle weights, wrist weights, hurdles, javelins, shot puts, discus, poles for used in athletic jumps, vaulting poles, nets, hammers for throws, starting blocks, dumb-bells, kettle bells, free weights, medicine balls, gym balls, gym bars, sit up benches
Retail and online retail services in connection with the sale of meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats, food protein bars, power bars, food supplement bars to support physical exercise, protein milk, whipped cream, pate, food bars, nutrition and supplement products, pre and post workout nutrition products, protein powders, mass gain powder, whey protein powder
Retail and online retail services in connection with the sale of protein based, nutrient-dense snack foods, dairy-based powders for making dairy-based food beverages and shakes, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, Bread, pastry and confectionery, Edible ices, Sugar, honey, treacle, Yeast, baking-powder, Salt, Mustard, Vinegar, sauces (condiments), Spices, Ice, Popcorn, husked oats, oat flakes, oat based food
Retail and online retail services in connection with the sale of muesli, cereal preparations, corn flakes, corn flour, corn meal, maize flakes, maize flour, maize meal, gluten for food, flour, biscuits, cookies, edible decorations for cakes, cakes, tarts, petit fours, macaroons, bread, buns, waffles, pancakes, pizzas, pastilles, pasta and noodles, chocolate, chocolate based beverages, chocolate beverages with milk, cocoa, cocoa based beverages
Retail and online retail services in connection with the sale of coffee beverages with milk, coffee flavourings, confectionery, fondants, liquorice, lozenges, candy caramels, candy for food, maltose, gum sweets, pralines, peppermint sweets, natural sweeteners, pepper, mustard, essences for foodstuffs, starch for food, ice cream, edible ices, ice sherbets, ice sorbets, ice for refreshment, glucose for food, golden syrup, semolina, pies, puddings, sandwiches, sauces, ketchup, salad dressings, mayonnaise
Retail and online retail services in connection with the sale of non-medicated additives for beverages: aerated beverages with a coffee, cocoa or chocolate base, beverages made from cereals, flavourings (other than essential oils) for beverages, powder for making beverages, whiteners (non-dairy) for beverages
Retail and online retail services in connection with the sale of tea beverages, instant powder for making flavoured drinks, corn starch derivatives in powder form for making into drinks, preparations for use as dietetic additives for consumption by sports persons, protein cereal bars, Chewing gum, carbohydrate and energy bars, protein bars, Cereal based energy bars, Chocolate-based meal replacement bars
Retail services connected to the sale of wax and wicks for lighting
Retail services connected to the sale of Beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages, non-alcoholic beverages enriched with added vitamins, minerals or added trace elements, isotonic drinks [not for medical purposes], energy drinks, cordials, seltzers [beverages], sorbets [beverages], preparations in the form of powder for making drinks, beverages for use as aids to slimming
Retail services connected to the sale of beverages containing soya, drinks, sports drinks, isotonic drinks, protein drinks, beverages containing vitamins, energy shots, soft drinks, powders used in the preparation of sports and energy drinks, drinking water, powder for making beverages, instant powder for making flavoured drinks, protein powder mix, hydration drinks powder mix
Advertising, marketing and promotional services provided by means of social media
Presentation of goods on communications media, for retail purposes
Assistance information, advisory and consultancy services relating to the aforesaid
None of the aforesaid relating to jewellery, costume jewellery, watches, jewellery articles, key rings as well as corresponding accessories
All the aforesaid services relating only to hypno therapy and teaching other therapists.