The trademark DIVINE RITUAL was filed by Purely Byron Pty Ltd, a corporation established under the laws of the Commonwealth of Australia (the "Applicant"). The application was published for oppositions on April 21, 2022, and received one opposition filed on July 19, 2022 by Rituals International Trademarks B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 19, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Cosmetic preparations
Organic cosmetics
Cosmetic creams for skin care
Non-medicated skin care preparations, namely, creams, lotions, serums, gels, toners, cleaners and peels
Body creams and oils
Facial toners (cosmetic)
Facial creams
Lotions for cosmetic purposes
Cosmetic moisturiser
Facial wash
After sun creams, gels and moisturisers
Cosmetic eye gels
Beauty masks for the face
Conditioning creams and lotions for the skin
Cosmetic kits
Cosmetic masks
Anti-aging creams and lotions
Cosmetic creams for wrinkles
Hair shampoos and conditioners
Leave-in hair conditioners
Hair gel and hair mousse
Hair styling preparations
Hair spray
Make-up preparations for the face and the body
Face wipes
Pre-moistened cosmetic wipes
Exfoliating scrubs for cosmetic purposes being body scrubs and facial scrubs
Exfoliant creams
Wipes impregnated with a cleaning preparation
Sunscreen
Cosmetic sunscreen preparations
Cosmetic sun-tanning preparations
Cosmetic preparations against sunburn
Cosmetic hair-dressing preparations
Cosmetic nail preparations
Hand and cuticle cream
Essential oils
Natural oils for cosmetic purposes
Ointments for cosmetic use
Lipsticks
Lip gloss
Non-medicated lip balms
Foundation creams
Foundation make-up
Mascara
Eyebrow cosmetics
Eye make-up
Preparations for removing make-up
Blush
Nail polish
Nail polish removers (cosmetics)
Body deodorants
Deodorant preparations for personal use
Deodorants for personal use
Shower gels
Bubble bath preparations
Bath soap
Body soaps
Cosmetic soaps
Facial soaps
Soap
Soaps for personal use
Perfume
Perfume oils
Toothpastes
Non-medicated dentifrices
Preparations for shaving
Cleaning preparations
Bleaching preparations for the hair
Bleaching preparations for household use.
The mark was filed in class 10 with following description of goods:
Dermarollers
Dermal rollers for therapeutic purposes
Microneedle dermal rollers
Microneedle dermal pens
Dermabraders
Facial toning machines for cosmetic use
Electronic stimulation apparatus for skin for physical therapy purposes
Electronic light therapy apparatus for the skin
Light emitting devices, namely, lamps and LED devices for treatment of a variety of skin conditions
Cosmetic apparatus, namely, light based devices providing mainly pulsed light for performing non-ablative aesthetic skin treatment procedures
Medical devices for nonsurgical cosmetic treatments
Cosmetic apparatus using ultrasonic waves for performing aesthetic facial treatment procedures
Lasers for the cosmetic treatment of the face and skin
Therapeutic facial masks
Massage apparatus
Massage apparatus and instruments
Massage apparatus for massaging the face
Massage apparatus for neck and shoulders
Massaging apparatus for personal use
Electric massage rollers
Electric massage appliances, namely, electric vibrating massager