The trademark free rabbit was filed by Zeme Pharm Anna MrowiĊska, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on July 6, 2022, and received one opposition filed on August 23, 2022 by FREE on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by COURSIN CHARLIER AVOCATS 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 Polish, and Polish 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 preparations for skin care
Lotions for cosmetic purposes
Body emulsions
Cosmetic body scrubs
Cosmetic creams
Skin whitening creams
Make-up
Lip glosses
Lipsticks
Eyebrow cosmetics
Eyebrow pencils
Mascara
Nail varnish
Nail care preparations
Make-up removing preparations
Tissues impregnated with cosmetic lotions
Tissues impregnated with make-up removing preparations
Cleansing milk for toilet purposes
Cosmetics for the use on the hair
Hair dyes
Hair spray
Hair nourishers
Beauty masks
Hair lotions
Pomades for cosmetic purposes
Dry shampoos
Shampoos
Soaps and gels
Cotton swabs for cosmetic purposes
After-shave lotions
Depilatory preparations
Shaving preparations
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Make-up pads of cotton wool
Deodorants and antiperspirants
Cosmetic preparations for baths
Bath salts
Perfumery
Perfumes
Eau de Cologne
Eau de parfum
Ethereal oils
Cosmetic kits.
The mark was filed in class 5 with following description of goods:
Medicated creams
Babies' creams [medicated]
Creams (Medicated -) for the lips
Face scrubs (Medicated -)
Medicated baby powders
Impregnated medicated pads
Medicinal oils
Bath preparations for medical purposes
Bath salts for medical purposes
Pharmaceuticals
Herbal medicine
Tonics [medicines]
Medicines for human purposes
Vitamin preparations
Dietary and nutritional supplements
Sanitary preparations for medical purposes
Skin tonics [medicated]
Antibacterial gels
Infant formula.
The mark was filed in class 9 with following description of goods:
Prescription eyeglasses
Spectacle frames
Spectacle cases.
The mark was filed in class 14 with following description of goods:
Jewellery
Precious stones
Jewellery charms
Clocks
Watches.
The mark was filed in class 16 with following description of goods:
Writing instruments
Office stationery
Writing tablets
Pamphlets
Flags of paper
Paper emblems
Envelopes [stationery]
Stickers [stationery]
Adhesive labels
Notepads
Pocket notebooks
Pencils
Scented stationery
Pens
Gift bags
Bookmarkers.
The mark was filed in class 18 with following description of goods:
Vanity cases, not fitted
Travelling trunks
Trunks [luggage]
Key cases
Tie cases
Suitcases
Travel cases
Business cases
Briefcases
Bags
Game bags [hunting accessories]
Beach bags
Bags for sports
Travelling bags
Grocery tote bags
All-purpose carrying bags
Bags for umbrellas
Handbags
Ladies' handbags
Rucksacks
School knapsacks
Hiking rucksacks
Diplomatic bags
Pocket wallets
Purses
Shoulder belts [straps] of leather
Umbrellas and parasols.
The mark was filed in class 21 with following description of goods:
Cosmetic utensils
Combs
Brushes
Cosmetic bags [fitted]
Sponges
Make-up brushes
Toothbrushes
Oral irrigators, other than for use in dentistry
Foam toe separators for use in pedicures.
The mark was filed in class 25 with following description of goods:
Clothing
Shoes
Hats
Lingerie
Underwear
Sweat-absorbent underwear
Brassieres
Corsets [underclothing]
Underpants
Petticoats
Pants
Trunks
Bathing suits
Beach clothes
Bath robes
Blouses
Waistcoats
Suits
Shirts
Undershirts
Sweaters
Trousers
Skirts
Overalls
Sweat shirts
Ladies' dresses
Morning coats
Knit jackets
Polo shirts
Tank tops
Tee-shirts
Snap crotch shirts for infants and toddlers
Short-sleeved T-shirts
Imitation leather dresses
Fur stoles
Shawls and stoles
Casual jackets
Capes
Coats
Dust coats
Nightwear
Pyjamas
Nighties
Dressing gowns
Gloves [clothing]
Shawls
Scarves
Headscarves
Leggings [leg warmers]
Leggings [trousers]
Socks
Tights
Stockings
Suspender belts for men
Waist belts
Neckties
Sportswear
Wet suits for water-skiing
Cyclists' clothing
Motorcyclists' clothing of leather
Weatherproof clothing
Knitted caps
Woolly hats
Fur hats
Millinery
Turbans
Veils [clothing]
Hoods [clothing]
Ear muffs [clothing]
Sports shoes
Slippers
Bath slippers
Ballet slippers
Sandals
Rubbers [footwear]
Lace boots
Liveries
Layettes [clothing].
The mark was filed in class 29 with following description of goods:
Edible seeds
Edible nuts
Almonds, ground
Raisins
Dried fruit
Fruit, processed
Vegetables, dried
Vegetables, processed
Fruit purees
Vegetable mousses
Vegetable pastes
Nut-based spreads
Jams
Oils for food
Coconut flakes
Shredded coconut
Coconut milk-based beverages
Almond milk-based beverages
Dried edible mushrooms
Fruit-based snack food
Vegetable chips
Fruit chips.
The mark was filed in class 32 with following description of goods:
Soft drinks
Waters
Juices
Beer
Isotonic beverages.
The mark was filed in class 35 with following description of goods:
Online retail store services relating to cosmetic and beauty products
Retail services connected with the sale of clothing and clothing accessories
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services in relation to dietary supplements
Retail services relating to candy
Retail services in relation to foodstuffs
Retail services in relation to jewellery
Business management for shops
Sales administration
Sales management services
Business management
Marketing research in the fields of cosmetics, perfumery and beauty products.