The trademark HC was filed by Holland Cooper Clothing Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on May 24, 2022, and received one opposition filed on August 23, 2022 by Carolina Herrera Ltd on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 23, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Preparations for perfuming or fragrancing the air
Potpourri
Essential oils
Room perfume sprays
Reed diffuser oils
Linen sprays
Scented oils
Fragrance oils
Fragrance oils for scenting candles
Refresher oils for perfumes and scents
Scented sachets
Perfumed room spray or mist
Room fragrances and scenters
Incense
Incense cones
Incense sachets
Incense spray
Incense sticks
Aromatherapy pillows comprising potpourri in fabric containers
Perfumes
Perfumery
Eau de toilette
Fragrances
Soaps
Bath and shower gels and salts not for medical purposes
Deodorants for personal use
Toiletries
Cosmetics
Cosmetics, in particular creams, milks, lotions, gels and powders for the face, body and hands
Sun-tanning milks, gels and oils and after-sun preparations (cosmetics)
Make-up preparations
Make-up removal wipes
Cotton wool and cotton wool buds for cosmetic or non-medical purposes
Shampoos
Gels, mousses, balms and preparations for haircare
Hair lacquers
Hair-colouring and hair-decolorizing preparations
Preparations for waving and setting hair.
The mark was filed in class 4 with following description of goods:
Candles
Scented candles
Fragranced candles
Aromatherapy candles
Wax candles and gel candles
Wicks
Wax
Gel for candle-making
Tallow
Tapers
Coloured wax chips
Tealights
Nightlight candles
Candles in glass containers
Lamp oils and fuel oils
Lavender lamp oil
Candles in ceramic and metal containers
Parts and fittings for all the aforesaid.
The mark was filed in class 9 with following description of goods:
Computer software
Downloadable software
Application software for mobile phones and wireless devices
Application software for social networking services via the Internet
Non-fungible tokens (NFTs)
Downloadable digital multimedia content, namely, non-fungible tokens featuring textual and graphic content
Digital collectibles and downloadable virtual goods
Downloadable and non-downloadable publications
Digital collectibles represented by non-fungible cryptographic tokens via a distributed registry or blockchain network
Digital artworks
Digital video recordings
Digital images
Downloadable virtual goods, namely, computer programs featuring articles of clothing, footwear, headwear, eyewear, eyewear accessories, bags, vanity cases, make up bags, umbrellas, purses, wallets, cases, cases for electronic devices, fashion accessories, jewellery, watches, candles and scents, perfumes, fragrances, essential oils, toiletries and cosmetics for use online and in online virtual worlds
Downloadable virtual goods, namely beds and blankets for animals, bags for animals, dog baskets, homeware, household and kitchen utensils, glassware, porcelain and earthenware, rugs, carpets, mats, wall hangings, haberdashery, furniture, mirrors, picture frames, pillows, pillow cases, blankets, throws, cushions, soft furnishings, bed linen, bed sheets, duvets, towels, table linen, table mats and textiles for use online and in online virtual worlds
Binoculars
Sports goggles
Protective helmets for use in sports
Helmets
Swimming goggles
Containers for contact lenses
Eyeglass cases
Eyeglass chains
Eyeglass frames
Eyeglass cords
Eyeglasses
Spectacle cases
Spectacle frames
Spectacle glasses
Sunglass cords
Sunglass frames
Sunglass chains
Sunglasses
Laptop bags
Bags and cases for personal digital assistants, electronic organisers, tablet computers and e-book devices
Personal digital assistants
Fascias, cases, covers, carry bags and holders for telephones, smart phones, mobile telephones, satellite navigational devices, MP3 and other digital format audio and video players, cameras and video cameras
Wearable activity trackers
Pedometers
Altimeters
Personal electronic devices used to track fitness goals and statistics
Smart watches
Smart bands
Wearable smart phones
Wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smartphones, and personal computers through Internet websites and other computer and electronic communication networks
Music headphones
Wireless headphones.
The mark was filed in class 18 with following description of goods:
Umbrellas and parasols
Canes
Walking sticks
Umbrella covers
Wallets
Leather and imitation leather wallets
Pocket wallets
Card wallets
Pouches
Card cases
Key cases (leatherwear)
Key cases
Attaché cases
Purses
Bags
Leather and imitation leather bags
Handbags
Backpacks
School bags
School satchels
Sling bags
Cross body bags
Shopping bags
Garment bags
Tote bags
Beach bags
Kit bags
Gym bags
Briefcases
Travelling bags
Travelling trunks
Valises
Suitcases
Haversacks
Net bags
Bags for campers
Bags or cases for carrying animals
Baby carriers
Holdalls
Shoulder bags
Rucksacks
Vanity cases
Make up bags
Toiletry bags
Boxes of leather or leather board
Leather or imitation leather belts
Leather or imitation leather cords, twists and straps
Dog coats
Dog collars and leads
Collars for animals
Covers for animals
Articles of clothing for animals
Blankets and rugs for animals
Harnesses for animals
Fur skins
Whips
Saddlery.
The mark was filed in class 20 with following description of goods:
Beds for animals
Dog baskets
Baskets
Furniture
Cushions and pillows
Seat cushions
Armchairs
Chairs
Benches
Deck chairs
Easy chairs
Settees
Sofas
Foot stools
Stools
Bassinets
Mattresses (spring)
Beds
Bedding
Bedsteads of wood
Clothing covers (wardrobes)
Wardrobes
Chest of drawers
Dressing tables
Chests
Hampers
Crates
Desks
Filing cabinets
Tables
Television tables
Sideboards
Blinds
Bead curtains for decorations
Curtain holders
Curtain poles, hooks, rods, rails, rings and tie backs
Mirrors
Mirror tiles
Frames
Picture frames
Pedestals
Plaques
Wall plaques
Statuettes and wickerwork
Mannequins
Statues of wood, wax, plaster or plastic
Statuettes of wood, wax, plaster or plastic
Wind chimes
Works of art, of wood, plaster or plastic
Coat hangers and coat stands and rails
Hat stands
Umbrella stands
Clothes drying stands and airers
Newspaper display stands
Magazine racks
Bottle racks
Tea carts
Tea trolleys
Trays
Dinner wagons
Divans
Fans for personal use
Showcases
Goods namely items of furniture (not included in other classes) made from wood, rattan, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Baskets of wicker and wood for household use
Cushions.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers (not of precious metal or coated therewith)
Non-electric household or kitchen utensils
Ceramics, glassware, porcelain, earthenware
Flasks and thermal insulated containers for beverages
Tableware
Tableware of porcelain and earthenware
Bakeware including baking tins, cases, trays and sheets
Kitchen mixers
Cookware
Basting brushes and basting spoons for kitchen use
Ramekins
Cake tins and molds
Cauldrons
Pans
Frying pans
Deep fryers
Saucepans
Platters
Tureens
Woks
Basins
Dinnerware
Kitchenware
Ovenware
Stoneware
Crockery
Chinaware
Dishes
Butter dishes
Cheese-dishes and cheese-dish covers
Cups
Mugs
Plates
Bowls
Grills
Griddles
Containers for food and for household and kitchen use
Lunchboxes
Storage jars
Knife blocks
Egg cups
Jugs
Chopsticks
Beaters
Blenders
Bread bins
Bread boards
Chopping boards
Carving boards
Bottles
Bottle openers
Coasters
Trays
Wire brushes
Cafetieres
Carafes
Decanters
Skewers
Spits
Meat grinders
Mincers
Colanders
Sieves
Spatulas
Spoons
Whisks
Strainers
Juice squeezers
Garlic presses
Melon ballers
Scoops
Recipe holders
Cooking utensils
Kitchen utensils
Serving utensils
Pressure cookers
Slow cookers
Funnels
Gridirons (non-electric)
Coffee percolators and coffee pots
Pots
Sugar bowls
Coal scuttles
Beverage coolers
Bottle coolers
Cocktail shakers
Cocktail stirrers
Cocktail mixers
Ice buckets
Ice trays and molds
Corkscrews
Dish covers
Shoe horns
Fruit mashers
Fruit pressers
Potato mashers
Tea sets
Tea pots
Tea infusers not of precious metals
Unworked or semi-worked glass (except glass used in building)
Glassware
Beer mugs
Tumblers
Glasses
Wine glasses
Coffee cups
Coffee grinders
Coffee filters
Cutlery trays
Dinner services
Napkin holders
Picnic baskets
Picnic utensils
Picnicware
Pewter ware for household and kitchen utensils
Sprinklers
Moulds
Cake stands
Cutters for pastry
Pastry brushes
Rolling pins
Cookie jars
Wire strainers
Tea kettles
Trivets
Spice racks
Coasters not of paper being leather and plastic
Cloths and dish drying racks
Towel and kitchen roll holders
Cake servers
Articles for cleaning purposes
Steel wool
Cleaning cloth
Cookie cutters
Cookie sheets
Glass bowls
Salt and pepper mills
Sponges for household purposes
Brushes (except paint brushes)
Household utensils, namely, pot and pan scrapers, spatulas, ladles and turners
Mug trees
Containers for soap
Plastic serving trays
Water bottles sold empty
Goblets
Towel holders and napkin holders
Napkin rings
Refuse containers
Bins
Receptacles for household refuse
Oven gloves and oven mitts
Mashers
Breadbaskets
Candelabra [candlesticks]
Candlesticks and candle holders
Flowerpots
Holders for flowers and plants
Ornaments made from china, ceramics, wood, earthenware and glass
Vases made from glass, ceramics, earthenware and porcelain
Watering cans
Watering devices
Ironing boards and ironing board covers
Hair combs
Cosmetic brushes
Nail brushes
Footwear brushes
Toilet brushes, toilet cases, toilet utensils
Toothbrushes, toothpicks
Perfume burners, perfume sprayers and vaporizers
Soap dispensers
Boxes for dispensing paper towels
Soap holders
Table ware
Parts and fittings for all the aforesaid goods.
The mark was filed in class 24 with following description of goods:
Fabrics
Silk fabrics
Fabrics for textile use
Textiles and textile goods
Bedware
Blankets
Quilts
Throws
Bed linen
Duvets
Duvet covers
Bed blankets
Bed cloths
Bed covers
Bed sheets
Bedspreads
Eider downs
Mattress covers
Pillow shams
Pillow cases
Chair covers
Cushion covers
Soft furnishings
Bath linen
Face towels
Towels
Bath towels
Beach towels
Tea towels
Flannels
Linen
Household linen
Table linen
Table covers
Table cloths
Table napkins
Table mats
Table runners
Place mats (textile)
Serviettes (textile)
Coasters
Curtains
Travelling rugs
Upholstery (fabrics)
Wall hangings
Furniture coverings
Flags
Handkerchiefs
Soft furnishings
Curtains
Shower curtains
Sleeping bags for camping
Textile piece goods for making up into the aforesaid goods.
The mark was filed in class 35 with following description of goods:
Retail services, mail order retail services, online retail services and wholesale services connected with the sale of articles of clothing, footwear, headwear, eyewear, eyewear accessories, bags, vanity cases, make up bags, umbrellas, purses, wallets, cases, cases for electronic devices, fashion accessories, jewellery, watches, candles and scents, perfumes, fragrances, essential oils, toiletries, cosmetics, beds and blankets for animals, bags for animals and dog baskets
Retail services, mail order retail services, online retail services and wholesale services connected with the sale of household and kitchen utensils, glassware, porcelain and earthenware, rugs, carpets, mats, wall hangings, haberdashery, furniture, mirrors, picture frames, pillows, pillow cases, blankets, throws, cushions, soft furnishings, bed linen, bed sheets, duvets, towels, table linen, table mats and textiles
Loyalty card services
Organisation, operation and supervision of loyalty card, incentive and promotional schemes
Loyalty, incentive and bonus program services
On-line advertising on a computer network
Advertising by mail order
Business information
Sales promotion for others
Import-export agencies
Procurement services for others [purchasing goods and services for other businesses]