The trademark ELLEMENTAL was filed by SC ELEMENTAL SRL, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on June 28, 2022, and received one opposition filed on June 29, 2022 by Essence of Chi GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Wyland-Fries, Deana and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 29, 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:
Tailors' and cobblers' wax
Cleaning and fragrancing preparations
Animal grooming preparations
Toiletries
Essential oils and aromatic extracts
Household fragrances
Leather and shoe cleaning and polishing preparations
Substances for laundry use
Vehicle cleaning preparations
Body cleaning and beauty care preparations
Oral hygiene preparations
Perfumery and fragrances
Mouthwash
Deodorants and antiperspirants
Make-up
Bath preparations
Skin, eye and nail care preparations
Hair preparations and treatments
Hair removal and shaving preparations
Soaps and gels
Bath gel
Bath bombs
Foaming bath liquids
Bath soak for cosmetic use
Perfumed tissues
Perfumed creams
Perfumes
Fragrance preparations
Javelle water
Scented linen water
Air fragrance reed diffusers
Soap pads
Perfumes for ceramics
Perfumes for cardboard
Fragrances for automobiles
Cleaning fluids
Washing liquids
Dishwashing detergents
Varnish-removing preparations
Stain removing preparations for use on household goods
Rinse aids
Spray cleaners for use on textiles
Cleaning preparations in the form of foams
Cleansers for household purposes
Soaps for household use
Bleaching preparations
Pre-moistened towelettes impregnated with a detergent for cleaning
Soap powder
Soda lye
Oils for cleaning purposes
Natural oils for cleaning purposes
Geraniol fragrancing compounds
Scented fabric refresher sprays
Stain removers
Hair piece bonding glue
Adhesives for cosmetic purposes
Cuticle conditioners
Balms, other than for medical purposes
Massage waxes
Cosmetics
Cosmetics containing hyaluronic acid
Cosmetics containing keratin
Cosmetics containing panthenol
Non-medicated cosmetics and toiletry preparations
Pedicure preparations
Sanitary preparations being toiletries
Aloe vera preparations for cosmetic purposes
Emollient preparations [cosmetics]
Pumice stone
Massage candles for cosmetic purposes
Perfumed lotions [toilet preparations]
Perfumed body lotions [toilet preparations]
Lacquer for cosmetic purposes
Henna [cosmetic dye]
Aloe vera gel for cosmetic purposes
Make-up pads of cotton wool
Massage creams, not medicated
Chalk for cosmetic use
Cosmetic preparations for body care
Cosmetic preparations for use as aids to slimming
Impregnated cloths for cosmetic use
Coconut oil for cosmetic purposes
Castor oil for cosmetic purposes
Cosmetic kits
Paper hand towels impregnated with cosmetics
Cuticle removers
Non-medicated massage preparations
Cosmetics in the form of oils
Organic cosmetics
Natural cosmetics
Colour cosmetics for children
Massage oils and lotions
Oils for toilet purposes
Ointments for cosmetic use
Floral water
Aromatics [essential oils]
Food flavorings prepared from essential oils
Ethereal essences and oils
Aromatherapy preparations
Aromatic oils
Aromatherapy oil
Distilled oils for beauty care
Blended essential oils
Aromatic essential oils
Natural essential oils
Essential oils for soothing the nerves
Emulsified essential oils
Scented oils
Perfumed toilet waters
Toilet water
Eau de parfum
Scented water
Aromatics for perfumes
Body deodorants [perfumery]
Extracts of perfumes
Scented body lotions and creams
Bay rums
Body sprays [non-medicated]
Body splash
Natural perfumery
Natural oils for perfumes
Micellar water
Hydrolyzed collagen for cosmetic purposes
Beauty care cosmetics
Functional cosmetics
Beauty balm creams
Cosmetic dyes
Cosmetic creams and lotions
Scented wood
Scented sachets
Scented soaps
Incense cones
Solid perfumes
Potpourris [fragrances]
Perfumed powder [for cosmetic use]
Scented ceramic stones
Aromatics for fragrances
Incense spray
Extracts of flowers [perfumes]
Room fragrancing preparations
Scented body lotions
Pomanders [aromatic substances]
Scented bathing salts
Scented pine cones
Air fragrancing preparations
Fragrance emitting wicks for room fragrance
Carpet freshening preparations
Pet odor removers
Fragrance refills for non-electric room fragrance dispensers
Refills for electric room fragrance dispensers
Make up foundations
Nail polish pens
Nail varnish
Nail art stickers
Adhesives for affixing false eyelashes
Skin cleaning and freshening sprays
Salves [non-medicated]
Lip conditioners
Make-up base
Moisturising concentrates [cosmetic]
Eye compresses for cosmetic purposes
Cosmetics for the treatment of dry skin
Nail base coat [cosmetics]
Eye cream
Nail cream
Night cream
Sunscreen cream
Anti-wrinkle cream
Creams for cellulite reduction
Anti-aging creams
Nail cosmetics
Moisturising creams, lotions and gels
Nail varnish remover [cosmetics]
Toning creams [cosmetic]
Cold creams for cosmetic use
Skin care creams [cosmetic]
Anti-freckle creams
Make-up removing creams
Scented body creams
False eyelashes
Facial cleansing grains
Age retardant gel
Nail gel
Cleansing gels
Gel scrub
Face-powder on paper
Skin emollients
Body emulsions
Abrasive paper for use on the fingernails
Moisturizing milk
Body milks
Nail varnish for cosmetic purposes
Nail strengtheners
After-sun lotions
Cosmetic body mud
Hydrating masks
Beauty masks
Cleansing masks
Cosmetic moisturisers
Nail repair preparations
Acne cleansers, cosmetic
Exfoliants
Bath salts
Anti-ageing serum
Toilet powders
Body talcum powder
Skin toners
Skin calming serum
Sun-tanning oils
Cleansing mousse
Eyebrows [false]
Hair balsam
Beard balm
Hair wax
Hair lighteners
Creams for fixing hair
Hair care creams
Hair masks
Hair lotions
Gels for fixing hair
Hair fixers
Hair tinting preparations
Hair dressings for men
Dry shampoos
Shampoos
Hair powder
Oils for hair conditioning
Beard oil
Hair treatment preparations
Hair serums
Mascara
Shower gels
Cleaning agents for the hands
Soaps in liquid form
Body washes
Waterless soap
Liquid perfumes
Body fragrances
Bases for flower perfumes
Room perfumes in spray form
Lavender water
Refill packs for hand soap dispensers.
The mark was filed in class 5 with following description of goods:
Sanitary preparations and articles
Dental preparations and articles, and medicated dentifrices
Air deodorising and air purifying preparations
Pest control preparations and articles
Dietary supplements and dietetic preparations
Dental preparations and articles
Hygienic preparations and articles
Medical dressings, coverings and applicators
Diagnostic preparations and materials
Live organs and tissues for surgical purpose
Pharmaceuticals and natural remedies
Absorbent articles for personal hygiene
Disinfectants and antiseptics
Medicated and sanitising soaps and detergents
Feminine hygiene products
Nappies for babies and incontinents
Alcohol for pharmaceutical purposes
Infant formula
Dietary supplements for animals
Dietetic foods adapted for medical purposes
Antioxidants
Multi-vitamin preparations
Vitamins and vitamin preparations
Massage gels for medical purposes
Bacterial preparations for medical purposes
Bacterial preparations for veterinary purposes
Bacteriological preparations for medical purposes
Biochemical preparations for medical use
Biochemical preparations for veterinary use
Mixed biological preparations for medical purposes
Amino acid preparations for medical purposes
Amino acid preparations for veterinary use
Vitamin and mineral preparations
Trace element preparations for human use
Diagnostic radiopharmaceutical preparations
Bath preparations for medical purposes
Preparations for making medicated beverages
Mineral preparations for medical purposes
Medical preparations
Pharmaceutical preparations for animals
Pharmaceutical preparations for veterinary use
Pre-filled syringes for medical purposes
Nutritional supplements for veterinary use
Medicated baby oils
Sandalwood oil for medical, pharmaceutical and veterinary purposes
Castor oil as a coating for pharmaceuticals
Acetates for pharmaceutical purposes
Acids for pharmaceutical purposes
Protein dietary supplements
Anti-oxidant food supplements
Medicated food supplements
Food supplements for sportsmen
Mineral dietary supplements
Medicine
Allergy medication
Homeopathic pharmaceuticals
Pharmaceutical sweets
Pharmaceutical compositions
Pharmaceutical implants
Elixirs [pharmaceutical preparations]
Dermatological pharmaceutical substances
Medicated skin lotions
Pharmaceutical lipsalves
Dermatological pharmaceutical products
Slimming pills
Deodorants, other than for human beings or for animals
Dietetic foods adapted for infants
Milk powders [foodstuff for babies]
Food for diabetics
Medicinal drinks
Medicinal tea
Diet capsules
Dietary supplemental drinks
Dietetic sweeteners for medical purposes
Dietary and nutritional preparations
Mineral water salts
Nutritional supplements
Antiseptics
Disinfectants
Germicides
Antibacterial hand lotions
Medicated after-shave lotions
Anti-bacterial preparations
Antiseptic body care preparations
Germicidal preparations [other than soap]
Medicated handwash
Hand-sanitizing preparations
Sanitizing wash for fruit and vegetables
Antimicrobial facewashes
Antiseptic washing preparations
Antiseptic preparations for wound care
Antiseptic cleansers
Antibacterial wipes
Wipes for medical use
Sanitizing wipes
Impregnated medicated wipes
Tissues impregnated with antibacterial preparations
Sanitizers for household use
Sterilising solutions
Antibacterial sprays
Sterilising substances
Disinfectants impregnated into tissues
Antiseptic ointments
Biocides
Natural biocides
Synthetic biocides
Antiseptic mouthwashes
Medicated toiletry preparations
Tonics [medicines]
Dragees [medicines]
Drug delivery agents that facilitate the delivery of pharmaceutical preparations
Balms for pharmaceutical purposes
Analgesics for pharmaceutical use
Pharmaceutical creams.
The mark was filed in class 11 with following description of goods:
Regulating and safety accessories for water and gas installations
Lighting and lighting reflectors
Sun tanning appliances
Personal heating and drying implements
Igniters
Burners, boilers and heaters
Flues and installations for conveying exhaust gases
Refrigerating and freezing equipment
Heating, ventilating, and air conditioning and purification equipment (ambient)
Cooking, heating, cooling and preservation equipment, for food and beverages
Filters for industrial and household use
Drying installations
Industrial treatment installations
Sanitary installations, water supply and sanitation equipment
Nuclear installations
Vehicle lighting and lighting reflectors
Steam baths, saunas and spas
Sterilization, disinfection and decontamination equipment
Decorative fountains, sprinkler and irrigation systems
Water purification, desalination and conditioning installations
Sanitary and bathroom installations and plumbing fixtures
Industrial ovens and furnaces (not for food or beverages)
Chemical processing equipment
Gas cleaners and purifiers
Air treatment equipment
HVAC systems (heating, ventilation and air conditioning)
Vehicle HVAC systems (heating, ventilation and air conditioning)
Ventilating apparatus for vehicles
Scented electric candles
Vehicle-mounted air purifying apparatus
Electric dispensers for air fresheners
Electric dispensers for room deodorants
Disinfectant dispensers for washrooms
Deodorising apparatus
Air drying apparatus
Pollen filtering apparatus
Air sterilising apparatus
Dehumidifiers
Air purifiers
Installations for humidifying
Humidifiers
Electric torches
Incandescent light bulbs
Ultra-violet sun ray lamps for cosmetic purposes
Cosmetic refrigerators
Sterilizers
Ultraviolet sterilizers
Air sterilizers
Steam sterilizers.
The mark was filed in class 21 with following description of goods:
Articles for the care of clothing and footwear
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Unworked and semi-worked glass, not specified for use
Cosmetic, hygiene and beauty care utensils
Household utensils for cleaning, brushes and brush-making materials
Tableware, cookware and containers
Aquaria and vivaria
Devices for pest and vermin control
Dental cleaning articles
Air fragrancing apparatus
Toilet and bathroom cleaning utensils
Perfume burners [other than electric]
Potpourri dishes
Perfume vaporizers
Aromatic oil diffusers, other than reed diffusers
Candle warmers, electric and non-electric
Essential oil burners
Bath sponges
Glasses, drinking vessels and barware
Coin banks (Piggy banks)
Wine aerators
Body cleanser dispensers
Soap dispensers
Skin care cream dispensers
Scalp scratchers
Electric make-up removing appliances
Non-electric make-up removing appliances
Applicators for cosmetics
Eye make-up applicators
Make-up sponges
Cosmetic sponges
Body sponges
Cases adapted for toilet utensils
Cosmetic utensils
Cases adapted for cosmetic utensils
Perfume bottles
Eyelash brushes
Bath brushes
Make-up brushes
Loofahs
Hand tools for the application of cosmetics
Brushes for personal hygiene
Combs
Fitted vanity cases
Brushes.
The mark was filed in class 29 with following description of goods:
Processed fruits, fungi, vegetables, nuts and pulses
Meat and meat products
Prepared insects and larvae
Sausage skins and imitations thereof
Birds eggs and egg products
Fish, seafood and molluscs, not live
Dairy products and dairy substitutes
Soups and stocks, meat extracts
Edible oils and fats
Meat spreads
Jellies, jams, compotes, fruit and vegetable spreads
Ready cooked meals consisting wholly or substantially wholly of meat
Fish, seafood and molluscs spreads
Cheese
Vegetable-based snack foods
Meat-based snack foods
Cooked meat dishes
Prepared vegetable dishes
Prepared meals containing [principally] eggs
Prepared meals consisting primarily of meat substitutes
Mixes for making soup
Vegetable-based entrees
Soy-based food bars
Nut and seed-based snack bars
Pieces of chicken for use as a filling in sandwiches
Dairy spreads
Prepared entrees consisting primarily of seafood
Chilled foods consisting predominately of fish
Prepared meat dishes
Frozen meals consisting primarily of meat
Frozen meals consisting primarily of fish
Ready cooked meals consisting primarily of chicken
Quick-frozen vegetable dishes
Prepared meals made from meat [meat predominating]
Prepared dishes consisting principally of meat
Soups
Chile con queso
Antipasto salads
Legume salads
Poultry salads
Stews
Bacon
Cured sausages
Sausages in batter
Meat
Prepared meat
Sliced meat
Liver
Cooked meats
Luncheon meats
Ham
Meat substitutes
Hamburgers
Processed meat products
Cold cuts
Prosciutto
Salami
Soft white cheese
Cheese dips
Cottage cheese fritters
Truffle cheeses
Cheese-based snack foods
Hard cheese
Smoked cheese
Cheese mixtures
Blended butter
Mozzarella sticks.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Mixtures of coffee
Tea mix powders
Coffee-based beverages
Cocoa-based beverages
Tea-based beverages
Beverages based on coffee substitutes
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Pastries, cakes, tarts and biscuits (cookies)
Bread
Cookie mixes
Doughs, batters, and mixes therefor
Cereal preparations
Yeast and leavening agents
Dried and fresh pastas, noodles and dumplings
Sweet glazes and fillings
Treacle
Rice
Flour
Breakfast cereals, porridge and grits
Rice-based prepared meals
Pasta-based prepared meals
Prepared meals in the form of pizzas
Prepared meals containing [principally] rice
Prepared meals containing [principally] pasta
Confectionery ices
Chocolate for confectionery and bread
Orange based confectionery
Chocolate confectionery having a praline flavour
Flour confectionery
Non-medicated confectionery containing chocolate
Non-medicated confectionery products
Mixtures for making frozen confections
Chocolate decorations for confectionery items
Confectionery having liquid fruit fillings
Snack foods consisting principally of confectionery
Mixtures for making ice cream confections
Cocoa-based ingredients for confectionery products
Sweets (Non-medicated -) in the nature of sugar confectionery
Sponge cakes
Iced cakes
Fruit cakes
Petits fours [cakes]
Sponge fingers [cakes]
Tea cakes
Cream cakes
Flavourings for cakes
Cheesecakes
Millet cakes
Cake flour
Strawberry gateaux
Cake doughs
Chocolate cakes
Cake frosting [icing]
Cake mixes
Cake batter
Almond cookies
Frozen cookie dough
Brownies
Aromatic preparations for cakes
Iced fruit cakes
Frozen yogurt cakes
Candy decorations for cakes
Cake powder
Sauces
Seasoning mixes
Bakery goods
Preparations for making bakery products
Prepared desserts [confectionery].
The mark was filed in class 31 with following description of goods:
Live animals, organisms for breeding
Agricultural and aquacultural crops, horticulture and forestry products
Bait, not artificial
Litter peat
Fodder
Fungi
Plants and their fresh produce
Trees and forestry products
Flowers
Fresh fruits, nuts, vegetables and herbs
Natural turf
Malts and unprocessed cereals
Plant residues (raw materials)
Seeds, bulbs and seedlings for plant breeding
Grass
Hazelnuts, fresh.
The mark was filed in class 32 with following description of goods: