The trademark application mélange BRÉSIL was filed by Ana Luiza TRAJANO, a national of the Federative Republic of Brazil (the "Applicant") and Charles Adrien PIRIOU, a national of the French Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on March 31, 2022, and it was registered by office on July 8, 2022 without any oppositions.
The application was filed in French (English was selected as the second language).
The Refusal with reference B 018498097 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on January 9, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Toiletries
Cleaning and fragrancing preparations
Essential oils and aromatic extracts
Perfumery and fragrances
Body cleaning and beauty care preparations
Oral hygiene preparations
Adhesives for cosmetic purposes
Seaweed for cosmetology
Balms, other than for medical purposes
Massage candles for cosmetic purposes
Cotton swabs for cosmetic purposes
Cosmetics and cosmetic preparations
Cosmetic preparations for body care
Cosmetics in the form of oils
Coconut oil for cosmetic purposes
Castor oil for cosmetic purposes
Amla oil for cosmetic purposes
Massage oils
Oils for toilet purposes
Mineral oils [cosmetic]
Oils for cosmetic purposes
Lacquer for cosmetic purposes
Moist wipes impregnated with a cosmetic lotion
Tissues impregnated with cosmetics
Perfumed lotions [toilet preparations]
Cosmetic kits
Natural cosmetics
Cosmetics for children
Cosmetics for personal use
Abrasive preparations for use on the body
Emollient preparations [cosmetics]
Aloe vera preparations for cosmetic purposes
Facial preparations
Abrasive strips
Sanding gloves
Abrasive granules
Household fragrances
Scented wood
Joss sticks
Incense cones
Incense
Incense spray
Extracts of flowers
Fragrance emitting wicks for room fragrance
Air fragrancing preparations
Room perfumes in spray form
Aromatics for household purposes
Sachets for perfuming linen
Refills for electric room fragrance dispensers
Fragrance refills for non-electric room fragrance dispensers
Aromatics [essential oils]
Food flavourings [essential oils]
Flavourings for beverages [essential oils]
Cake flavourings [essential oils]
Aromatic oils
Aromatherapy oil
Ethereal oils.
The mark was filed in class 21 with following description of goods:
Tableware, other than knives, forks and spoons
Tableware, cookware and containers
Glasses, drinking vessels and barware
Reusable stainless steel water bottles
Decanters
Drinking bottles
Biodegradable paper pulp-based cups
Paper cups
Cocktail shakers
Pint glasses
Mugs made of ceramic materials
Drinking glasses
Glasses [drinking vessels]
Wine glasses
Holloware
Table plates
Biodegradable plates
Decorative plates
Plastic plates [dishes]
Glass plates
Dessert plates
Plates for hors d'oeuvre
Dishes [household utensils]
Cooking pot sets
Butter coolers
Glass jars [carboys]
Cookie jars
Lunch boxes made of plastic
Biodegradable bowls
Mixing bowls
Boxes of glass
Boxes for dispensing paper towels
Bread bins
Tea caddies
Plastic bowls [household containers]
Candy boxes
Glass stoppers
Tea infusers
Bottles
Coffee pots
Stew-pans
Candelabra [candlesticks]
Ceramics for kitchen use
Insulated food cover domes
Cheese domes
Cake domes
Casseroles [dishes]
Egg cups
Bread baskets for household purposes
Baskets for household purposes
Fruit cups
Coupes
Fruit bowls
Reusable silicone food covers
Dish covers
Saucepan lids
Crystal [glassware]
Cream and sugar sets
Melon ballers
Ice cream scoops
Coffee scoops
Mixing spoons [kitchen utensils]
Steamers [cookware]
Coasters (tableware)
Trivets [table utensils]
Kitchen paper dispensers
Portable beverage dispensers
Straw dispensers
Dispensers for serviettes
Cooking funnels
Salad spinners
Draining trays
Non electric juice extractors
Thermally insulated flasks for household use
Whisks
Serving forks
Mess-tins
Oven mitts
Grills [cooking utensils]
Cruet sets for oil and vinegar
Tea infusers not of precious metal
Cupcake molds
Cake tins
Moulds [kitchen utensils]
Pie pans
Coffee grinders
Pepper mills, hand-operated
Salt mills
Salt and pepper mills
Shakers for spices
Mugs
Fitted picnic baskets, including dishes
Strainers
Pie servers
Basting brushes
Serving tongs
Cocktail sticks
Knife boards
Carving boards
Cheese boards
Bread boards
Cake trays
Trays for household purposes
Meal trays
Dishes
Glass holders for candles
Knife rests
Toothpick holders
Table napkin holders
Shallow pans for cooking
Mug racks
Jars
Plastic bins [dustbins]
Cake stands
Vegetable racks
Garlic presses [kitchen utensils]
Juice squeezers
Beverage coolers [containers]
Bottle coolers [receptacles]
Graters
Household containers
Serving pots
Finger bowls
Napkin rings
Rolling pins, domestic
Kitchen containers
Isothermic bags
Salad bowls
Salt cellars
Gravy boats
Demitasse sets comprised of cups and saucers
Coffee services [tableware]
Tea services [tableware]
Spice sets
Services [dishes]
Dinner mats of plastics material
Place mats, not of paper or textile
Vessels of metal for making ices and iced drinks
Soup bowls
Drip mats for tea
Spatulas
Sugar bowls
Holders for flowers
Cups
Teapots
Coffee stirrers
Urns being vases
Household or kitchen utensils
Cookware and tableware, except forks, knives and spoons
Bakeware
Vases
Glasses [receptacles]
Basting spoons [cooking utensils].
The mark was filed in class 43 with following description of goods:
Rental of furniture, linens, table settings, and equipment for the provision of food and drink
Information, advice and reservation services for the provision of food and drink
Provision of food and drink
Restaurant services
Rental of lighting apparatus
Rental of cooking apparatus
Rental of units for dispensing heated and chilled beverages, other than vending machines
Rental of bar equipment
Leasing of coffee makers
Rental of chairs, tables, table linen, glassware
Rental of chafing dishes
Rental of cutlery
Rental of cooking stoves
Drink dispensing machines (rental of)
Rental of drinking water dispensers
Rental of chocolate fountains
Rental of catering equipment
Hiring of furniture for conferences
Rental of kitchen worktops
Rental of dishes
Rental of tableware
Rental of glassware
Cookery advice
Advice concerning cooking recipes
Providing information about bar services
Information and advice in relation to the preparation of meals
Making reservations and bookings for restaurants and meals
Provision of information relating to bars
Restaurant information services
Provision of information relating to the preparation of food and drink
Consultancy services relating to food preparation
Consulting services in the field of culinary arts
Consultancy services in the field of food and drink catering