The trademark SOPHIE BARONESS VON WELLENDORFF was filed by Sophie Maria Anna Elisabeth Baroness von Wellendorff, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 9, 2023, and received one opposition filed on February 6, 2024 by Dr. Alex Wellendorff GmbH & Co. KG. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GLEISS GROßE SCHRELL UND PARTNER MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 6, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on October 20, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Oils and Preparations, for use in the following fields: Light therapy, colour therapy, crystal therapy, precious stone therapy and ayurvedic therapy, All for cosmetic use
Mineral oils [cosmetic]
Floral water
Botanic, herbal and floral extracts for essential oils and perfumed waters
Air fragrance reed diffusers
Crystal and precious-stone essences
Plant essences, herbal essences, Flower essences
Wax melts [fragrancing preparations].
The mark was filed in class 4 with following description of goods:
Candles
Fuels and illuminants
Wicks for candles and lamps
Perfumed candles
Tealights
Perfumed candles
Illuminating wax
Combustible waxes
Aromatherapy fragrance candles
Candles for lighting
Candle assemblies
Table candles
Candles, for use in the following fields: Ayurveda therapy, alternative medical therapy, Aromatherapy, Light therapy, colour therapy, crystal therapy and gemstone therapy
Mineral oils for use in the following fields: Manufacture of toiletry preparations, skin care products and preparations for Ayurveda therapy, alternative medical therapy, aromatherapy, light therapy, colour therapy, crystal therapy and gemstone therapy.
The mark was filed in class 5 with following description of goods:
Nutritional supplement meal replacement bars for boosting energy
Dietary supplements consisting of vitamins
Protein dietary supplements
Mineral dietary supplements
Caffeine preparations for stimulative use
Dietary supplements with a cosmetic effect
Herbal supplements
Probiotic supplements
Health food supplements made principally of vitamins
Vitamins and vitamin preparations
Pharmaceutical, medical and veterinary products
Sanitary preparations and articles
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Homeopathic medicines, pharmaceuticals and substances
Tinctures for homeopathic purposes
Natural remedies
Herbal supplements and medicines
Herbal extracts for medical purposes
Anti-oxidants obtained from herbal sources
Therapeutic creams, gels and preparations for therapeutic purposes
Medicinal oils
Vitamin supplements
Air deodorizing preparations
Oils and preparations, for use in the following fields: Alternative medical therapy.
The mark was filed in class 18 with following description of goods:
Umbrellas
Parasols
Beach umbrellas [beach parasols]
Walking sticks
Luggage, bags, wallets and other carriers
Trunks and suitcases
Trunks and suitcases
Trolley duffels
Briefcases
Credit card cases [wallets]
Pocket wallets
Purses
Key cases
Business card cases
Travelling trunks
Travelling bags
Weekend bags
Hipsacks
Rucksacks
Courier bags
Canvas bags
Beach bags
Work bags
Diplomatic bags
School bags
Bags for sports
Sports packs
Gym bags
Shopping bags
Travel garment covers
Vanity cases, not fitted
Cosmetic purses
Cosmetic purses
Toiletry bags
Handbags
Clutches [purses]
Ladies' handbags
Nappy bags.
The mark was filed in class 20 with following description of goods:
Furniture
Items of furniture, namely Magazine racks, Chests for toys, Wickerwork, Tool chests, not of metal, empty, Umbrella stands, Keyboards for hanging keys, Drawer organizers, Decorative wall panels
Beds, mattresses, pillows and cushions
Frames
Mirrors (silvered glass)
Indoor blinds, and fittings for curtains and indoor blinds
Clothes hangers, clothes stands [furniture] and clothes hooks
Bassinets
Furniture for children
Filing cabinets
Tea trolleys
Inflatable furniture
Benches [furniture]
Office furniture
Bottle racks
Freestanding partitions [furniture]
Stools
Bins, not of metal
Wardrobes
Picture frames
Chests of drawers
Wickerwork
Screens [furniture]
Armchairs
Racks [furniture]
Bathroom furniture
Umbrella stands
Keyboards for hanging keys
Cupboards
Desks
School furniture
Covers for clothing [wardrobe]
Sofas
Chests for toys
Seats
Tables
Magazine racks
Sleeping pads
Air mattresses
Straw mattresses
Inflatable pillows
Air bed lounger
Locks and keys, non-metallic
Door, gate and window fittings, non-metallic
Animal housing and beds
Displays, stands and signage, non-metallic
Mannequins and tailors' dummies
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Works of art of wood, wax, plaster or plastic
Mobiles [decoration]
Wind chimes [decoration]
Models [ornaments], of the following materials: Wood, Wax plaster or plastic.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils
Containers for household or kitchen use
Cookware and tableware, except forks, knives and spoons
Household utensils for cleaning, brushes and brush-making materials
Combs
Sponges
Brushes, except paintbrushes
Cleaning articles
Glass, unworked or semi-worked, except building glass
Glassware
Tableware, cookware and containers
Cosmetic, hygiene and beauty care utensils
Dental cleaning articles
Painted glassware
Make-up brushes
Powder puffs
Make-up sponges
Applicators for cosmetics
Facial cleansing sponges
Facial sponges for applying make-up
Hair combs
Make-up brushes
Perfume bottles
Scent sprays [atomizers]
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Porcelain
Earthenware
Works of art of porcelain, ceramic, earthenware or glass
Bottles for essential oils and homeopathic preparations
Air fragrancing apparatus
Incense burners [domestic]
Essential oil burners
Perfume vaporizers
Plates for diffusing aromatic oil
Nebulizers for household use.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Scarves
Scarves
Belts [clothing]
Gloves [clothing]
Caps being headwear
Ear muffs [clothing]
Bathing suits
Bathing trunks
Bath robes
Bath slippers
Rainwear
Coats
Winter coats
Jackets [clothing]
Leather jackets
Waistcoats
Ponchos
Suits
Dresses
Evening wear
Evening wear
Evening wear
Formalwear
Shirts
Blouses
Polo shirts
Tee-shirts
Tops [clothing]
Sweaters
Hooded pullovers
Sweaters
Trousers
Skirts
Pyjamas
Uniforms
Underpants
Underpants
Brassieres
Adhesive bras
Socks
Sportswear
Clothing for gymnastics
Clothing for gymnastics
Sports jerseys
Sports shoes
Maternity clothing
Teddies [underclothing]
Layettes [clothing]
Baby clothes
Children's wear
Infants' footwear
Children's headwear
Sun hats.
The mark was filed in class 30 with following description of goods:
Baked goods, confectionery, chocolate and desserts
Ice creams, frozen yogurts, and sorbets
Coffee, teas and cocoa and substitutes therefor
Tea
Packaged tea [other than for medicinal use]
Aromatic teas [other than for medicinal use]
Flowers or leaves for use as tea substitutes
Fermented tea
Fruit teas
Herbal teas
Tea bags
Tea leaves
Tea-based beverages
Tea pods.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Public relations services
Consultancy services relating to advertising, publicity and marketing
Sponsorship search
Affiliate marketing
Provision of advertising space, time and media
Advertising agency services
Event marketing
Marketing consulting
Product demonstrations and product display services
Modeling agency services
Business assistance, management and administrative services
Business representative services
Administration of the business affairs of franchises
Advisory services for business management
Advice in the running of establishments as franchises
Office functions services
Business consultancy and advisory services
Advisory services relating to corporate identity
Career planning consultancy
Retail and wholesale services in relation to: Non-medicated cosmetics and toiletry preparations, Perfumery, Essential oils, essential oils for personal use, Oils for Ayurveda therapy, alternative medical therapy, aromatherapy, light therapy, colour therapy, crystal therapy and gemstone therapy, preparations for Ayurveda therapy, alternative medical therapy, aromatherapy, light therapy, colour therapy, crystal therapy and gemstone therapy
Retail and wholesale services in relation to: non-medicated oils, scented oils, Mineral oils (cosmetics), aromatic plant extracts, floral waters, Oils and preparations for Ayurveda therapy, alternative medical therapy, light therapy, colour therapy, crystal therapy and gemstone therapy
Retail and wholesale services in relation to: Herbal and floral extracts for essential oils and perfumed waters and Reed diffusers, Toiletries, Aromatic extracts, Fuels and And illuminants, Candles
Retail and wholesale services in relation to: Nutritional supplements, Mobile apps, Printed matter, Umbrellas and parasols, Luggage, Bags, Handbags, carrying cases, Crockery, Figurines and works of art, Cooking utensils and containers, hygiene and beauty care utensils, Cosmetic and toilet utensils
Retail and wholesale services in relation to: bathroom articles, Bathroom accessories, furniture and furnishings, Beds, bedding, mattresses, pillows and cushions, Seating, Tables, Picture frames, mirrors, Venetian blinds, Coathangers, Clothes stands and clothes hooks, Bathroom furniture, Headgear, clothing foot wear
Retail and wholesale services in relation to: Sports goods and equipment, Fitness and exercise machines, Toys, Foodstuffs, Pastries and cakes, Chocolate and confectionery items, Alcoholic and non-alcoholic beverages, Tea and coffee, Candles and wicks for lighting, Perfumed candles and candles for Ayurveda therapy, alternative medical therapy, aromatherapy, light therapy, colour therapy, crystal therapy and gemstone therapy
Retail and wholesale services in relation to: Mineral oils for use in the manufacture of toiletry preparations, skin care preparations and preparations for Ayurveda therapy, alternative medical therapy, aromatherapy, light therapy, colour therapy, crystal therapy and gemstone therapy, pharmaceuticals, Medical and veterinary preparations
Retail and wholesale services in relation to: Sanitary preparations for medical purposes, Dietetic foods and substances adapted for medicinal or veterinary use
Retail and wholesale services in relation to: Food for babies and Nutritional supplements for humans and animals, Homeopathic pharmaceuticals, Pharmaceutical preparations and substances, tinctures for homeopathic purposes, Crystals for therapeutic purposes, Natural remedies, herbal remedies and Food supplements of plant origin, Herbal extracts for medical use
Retail and wholesale services in relation to: Antioxidants obtained from herbal sources, Medicated creams, gels and preparations For therapeutical purposes, Medicinal oils, Vitamin supplements, Air fresheners and air purifiers
Retail and wholesale services in relation to: Books, Magazines, Brochures, leaflets, Posters, Books and Magazines, in the following fields: Ayurveda therapy, alternative medical therapy, Aromatherapy, light therapy, Colour therapy, crystal therapy and gemstone therapy, Homeopathy, and well-being
Retail and wholesale services in relation to: Photographs, Stationery sets and teaching material, Instructional and teaching materials and Paper and cardboard, Glassware, glass bottles, Plastic bottles, Bottles for essential oils and homeopathic preparations, Room fragrancing apparatus, Incense burners [domestic], essential oil burners, Perfume atomisers, Plates for diffusing aromatic oils and Sprayers for household use
Business consultancy and advisory services, in relation to the following fields: Homeopathy and colour and light therapy consultancy, aroma, crystal and gemstone therapy consultancy, Ayurveda therapy and alternative medical therapy consultancy for companies and practitioners
Information, advisory and consultancy services, all relating to the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services
Education academy services
Providing of training at educational, further training and continuous training institutes
Arranging and conducting conferences, seminars and training workshops, Arranging and conduction of courses, Symposiums (arranging and conducting of-), arranging and conducting professional conferences, Arranging and conducting of exhibitions, Arranging and conducting competitions
Advanced training
Providing of further training courses
Providing online training seminars
Sporting activities
Cultural activities
Personal development training
Provision of training services for business
Organisation of training
Personal development training
Arranging and conducting of workshops and seminars in self-awareness
Health and wellness training
Education services relating to health
Education services relating to health
Presentation of live performances
Coaching
Online coaching and Offline coaching in relation to the followings fields: nutrition, sports, Health and fitness
Mental training
Publication, in relation to the following goods: Printed publications, Magazines, Printer engines, books, Brochures, MAGAZINE, Publication series
Providing of online tutorials
Publication of multimedia material online
Special event planning consultation
Training, in relation to the followings fields: Ayurveda therapy, alternative medical therapy, aroma therapy, Light therapy, colour therapy, Crystal therapy and gemstone therapy and Advisory and consultancy services
Providing of training at an academy for the training and accreditation of practitioners, in the following fields: Ayurveda therapy, alternative medical therapy, aroma therapy, Light therapy, colour therapy, Crystal therapy and gemstone therapy
Tuition in homeopathy
Tuition in herbalism
Courses in self-awareness
Education services relating to meditation
Publishing services
Publishing, In connection with the following goods: books, MAGAZINE, circular publications, Brochures, provision of advertising material, Card sets and teaching materials, the aforesaid goods being printed and electronic
Provision of club entertainment services
Operation of a business and private club, for entrainment purposes
Fan club organisation
Audio, video and multimedia production, and photography
Production of audio entertainment
Production of audio-visual recordings
Production of video and/or sound recordings
Providing on-line non-downloadable audio content
Provision of downloadable music for temporary offline use
Providing online electronic publications in the field of music, not downloadable
Production of music
Provision of on-line entertainment
Live entertainment
Information, advisory and consultancy services relating to the aforegoing.
The mark was filed in class 42 with following description of goods:
Design services
Interior design
Advisory services relating to interior design
Design of clothing, footwear and headgear
Design of clothing accessories
Jewellery design services
Design services for furniture
Design services for furniture
Design of fashion accessories
Design of sculptures, design of works of art
Fashion design
Product design and development.
The mark was filed in class 44 with following description of goods:
Medical services
Human hygiene and beauty care
Human healthcare services
Hygienic and beauty care
Counselling services, in the following fields: Physical health, Emotional and mental health
Therapy services
Health counselling
Health assessment services
Dietetic advisory services
Consultancy in the field of body and beauty care
Services, in the following fields: Mental health, Emotional health, mental health, Physical health
Professional consultancy relating to health care
Cryotherapy services
Beauty care for human beings
Beauty consultancy
Consultation services relating to skin care
Conducting of psychological, emotional and mental assessments and examinations
Personality assessment services
Chromotherapy, Ayurveda therapy, Alternative medical therapy, Aromatherapy services, Light therapy services, Colour therapy, Crystal therapy and gemstone therapy, colour therapy, light therapy, Ayurveda therapy, alternative medical therapy, aromatherapy, crystal therapy and gemstone therapy services
Health care relating to homeopathy
Herbalism and herbal medicine consultancy
Aromatherapy services
Meditation services
Information, advisory and consultancy services relating to the aforesaid services.
The mark was filed in class 45 with following description of goods:
Mediation
Arbitration, mediation and dispute resolution services
Astrological and spiritual services
Spiritual consultancy
Consultancy of mediums [spiritualists]
Spiritual consultancy for companies through a medium
Spiritual consultancy for start-ups through a medium, spiritual consultancy for people through a medium
Counselling relating to spiritual direction
Providing information about religion and spiritualism
Counselling services relating to Buddhist philosophy and practice
Spiritual information and consultancy, in the following fields: Rituals, ceremonies, traditions, wisdom, philosophies, Science, Religions and culture, Information and advisory services relating to all the aforementioned services.