The trademark VINTAGE TATTOOS WORLD OF INK was filed by Oliver Wattler, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 23, 2023, and received one opposition filed on February 7, 2024 by Lauer, Danny on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by ALPMANN FRÖHLICH RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 7, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations
Medical wound care products, in particular for the aftercare for piercings and tattoos
Sanitary preparations for medical purposes
Medicated plasters, medical bandaging materials, Medicated swabs, Medical coverings and medical applicators
Pain relieving creams
Medicated creams
Gels for dermatological use
Antibacterial sprays
Medicinal sprays
Disinfectant agents
Antiseptics
Detergents having disinfectant properties.
The mark was filed in class 25 with following description of goods:
Outerclothing and underwear of all kinds for men, women, young people, children and babies (included in class 25), including of leather, latex and imitation leather, including lingerie, teddies, brassieres, corsets, hosiery, suspenders, briefs, bathrobes, bathing trunks, sportswear, leisurewear, in particular including T-shirts and sweatshirts
Accessories for clothing (included in class 25), namely bandanas (neckerchiefs), boas, belts, scarves, headbands, garters, gloves, ties, muffs, scarves, veils, shawls
Headgear, in particular hats, caps, baseball caps, sun hats, fur hats.
The mark was filed in class 35 with following description of goods:
Retailing, wholesaling and mail ordering, Also provided via the Internet, in relation to the following goods: Jewellery, Clothing, Cosmetics, body and beauty care cosmetics, Piercing and tattooing supplies
Consumer consultancy, in relation to the following fields: Jewellery, Clothing, Cosmetics, Body care and beauty care, Piercing, tattooing
Organization of trade fairs for commercial or advertising purposes, in the following fields: Jewellery, Clothing, Cosmetics, Body care and beauty care, Piercing, tattooing
Arranging of contracts, for others, for the providing of services, in the following fields: Body care and beauty care, Piercing, tattooing.
The mark was filed in class 44 with following description of goods:
Hygienic and beauty care for human beings, Body and beauty care for animals
Hairdressing
Beautician services
Piercing studio services, including body piercing and body modification, both stationary in the studio and mobile
Beauty salon services, including the following services: Permanent make-up services, Micropigmentation services
Massage
Manicuring
Ear piercing
Tattooing, both stationary in the studio and mobile, especially at competitions, trade fairs and exhibitions
Communications and Counselling services, in relation to the following fields: Beauty salons, Body piercing, Tattooing
Counselling services, in relation to the following fields: Care and follow-up treatment of the skin and wound care, Especially, in relation to the following fields: Follow-up treatment and wound care after ear piercing, piercing and tattooing
Medical advice and care, in particular care and follow-up treatment after ear piercing, piercing and tattooing.