The trademark ZADA BEAUTY was filed by ZADA EUROPE SRL, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on March 16, 2022, and received one opposition filed on June 1, 2022 by INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 1, 2022
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Cosmetic moisturisers
Natural cosmetics
Cosmetic preparations for eyelashes
Cosmetics for use on the skin
Cosmetics for the use on the hair
Eyebrow cosmetics
Powder compacts [cosmetics]
Moisturising gels [cosmetic]
Toning creams [cosmetic]
Cosmetic products for the shower
Skin cleansers [cosmetic]
Facial cleansers [cosmetic]
Cosmetics for personal use
Cosmetic preparations for skin care
Sun protecting creams [cosmetics]
Colour cosmetics for the eyes
Face creams for cosmetic use
Body cream
Tissues impregnated with cosmetics
Body oils [for cosmetic use]
Hair straightening preparations
Cosmetic facial lotions
Cosmetic nail care preparations
Lip stains [cosmetics]
Cosmetics in the form of milks
Lip protectors [cosmetic]
Nail varnish remover [cosmetics]
Non-medicated creams
Perfumed creams
Exfoliant creams
Depilatory creams
Creams for tanning the skin
Cosmetic creams
Anti-wrinkle cream
Moisturising creams
Lip cream
Scented body lotions and creams
Hair protection lotions
Cosmetic hair lotions
Multifunctional makeup
Powder for make-up
Eyes make-up
Make-up for the face
Make-up pencils
Make-up kits
Make up foundations
Make-up for compacts
Make-up removing lotions
Colour cosmetics for the skin
Make-up preparations for the face and body
Make-up for the face and body
Sanitary preparations being toiletries.
The mark was filed in class 5 with following description of goods:
Antibiotic creams
Food supplements
Protein dietary supplements
Dietary supplements and dietetic preparations
Dietary supplements with a cosmetic effect
Nutritional supplements
Dietary and nutritional supplements
Dietary supplements for humans.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Retail services in relation to dietary supplements
Retail services in relation to toiletries
Retail services in relation to dietetic preparations
Retail services in relation to beauty implements for humans
Retail services relating to fragrancing preparations
Online retail services relating to cosmetics
Wholesale services in relation to fragrancing preparations
Retail services in relation to hair products
Mail order retail services for cosmetics
Wholesale services in relation to dietary supplements
Wholesale services in relation to dietetic preparations
Wholesale services in relation to toiletries
Online retail store services relating to cosmetic and beauty products.