The trademark EL EMMILISS BEAUTY was filed by LIUDMYLA BAZHAN, a national of Ukraine (the "Applicant"). The application was published for oppositions on March 5, 2023, and received one opposition filed on June 5, 2023 by Elemis USA, Inc. on Likelihood of confusion. the opponent was represented by BRANDSTOCK LEGAL RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 5, 2023
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Amber [perfume]
Aromatics [essential oils]
Potpourris [fragrances]
Bergamot oil
Whiting
Lip glosses
Nail glitter
Body glitter
Badian essence
Petroleum jelly for cosmetic purposes
Cotton wool for cosmetic purposes
Cotton wool impregnated with make-up removing preparations
Cotton swabs for cosmetic purposes
Bleaching preparations [decolorants] for cosmetic purposes
Decorative transfers for cosmetic purposes
Moustache wax
Depilatory wax
Astringents for cosmetic purposes
Cloths impregnated with a detergent for cleaning
Dental bleaching gels
Make-up
Extracts of flowers [perfumes]
Herbal extracts for cosmetic purposes
Ethereal essences
Essential oils
Essential oils for aromatherapy use
Essential oils of cedarwood
Essential oils of lemon
Essential oils of citron
Javelle water
Jasmine oil
Greases for cosmetic purposes
Leather preservatives [polishes]
Colour-removing preparations
Degreasers, other than for use in manufacturing processes
Ionone [perfumery]
Adhesives for affixing false eyelashes
Adhesives for affixing false hair
Adhesives for cosmetic purposes
Collagen preparations for cosmetic purposes
Hair conditioners
Quillaia bark for washing
Cosmetics
Eyebrow cosmetics
Cosmetics for children
Beauty masks
Cosmetic preparations for baths
Cosmetic preparations for eyelashes
Cosmetic preparations for slimming purposes
Skin whitening creams
Polishing creams
Cosmetic creams
Essential oil-based creams for aromatherapy use
Lavender water
Lavender oil
Incense
Hair spray
Nail varnish
Hair lotions
Lotions for cosmetic purposes
After-shave lotions
Massage gels, other than for medical purposes
Massage candles for cosmetic purposes
Disposable steam-heated masks, not for medical purposes
Sheet masks for cosmetic purposes
Almond oil
Almond milk for cosmetic purposes
Deodorant soap
Shaving soap
Cakes of toilet soap
Almond soap
Antiperspirant soap
Soap for foot perspiration
Soap
Micellar water
Musk [perfumery]
Mint for perfumery
Mint essence [essential oil]
Emery
Emery paper
Dressings for nail reconstruction
Nail art stickers
Neutralizers for permanent waving
Eau de Cologne
Eyebrow pencils
Cosmetic pencils
Oils for toilet purposes
Oils for perfumes and scents
Oils for cosmetic purposes
Cleansing milk for toilet purposes
Cleansers for intimate personal hygiene purposes, non medicated
Scouring solutions
Perfumery
Perfumes
Pastes for razor strops
Toothpaste
Gel eye patches for cosmetic purposes
Pumice stone
Hydrogen peroxide for cosmetic purposes
Polishing wax
Polishing paper
Polishing rouge
Polishing stones
Polishing preparations
Pomades for cosmetic purposes
Air fragrancing preparations
Bath preparations, not for medical purposes
Hair straightening preparations
Shaving preparations
Depilatory preparations
Nail care preparations
Hair waving preparations
Laundry soaking preparations
Sun-tanning preparations [cosmetics]
Make-up removing preparations
Make-up preparations
Breath freshening preparations for personal hygiene
Toiletry preparations
Air fragrance reed diffusers
Make-up powder
Nail varnish removers
Wax melts [fragrancing preparations]
Tissues impregnated with cosmetic lotions
Tissues impregnated with make-up removing preparations
Teeth whitening strips
Breath freshening strips
Bath salts, not for medical purposes
Sunscreen preparations
Double eyelid tapes
Terpenes [essential oils]
Toners for cosmetic purposes
Rose oil
Toilet water
Mascara
Beard dyes
Hair dyes
Liquid latex body paint for cosmetic purposes
Body paint for cosmetic purposes
Cosmetic dyes
Phytocosmetic preparations
Lipstick cases
Henna [cosmetic dye]
Bath tea for cosmetic purposes
Dry shampoos
Shampoos
Cosmetic stamps, filled
False eyelashes
False nails
Antiperspirants [toiletries]
Lipsticks
Scented water
Emery cloth
Sandcloth
Fumigation preparations [perfumes]
Cosmetic preparations for skin care.
The mark was filed in class 8 with following description of goods:
Abrading instruments [hand instruments]
Laser hair removal apparatus, other than for medical purposes
Razors, electric or non-electric
Tattoo needles
Ear-piercing apparatus
Stamping-out tools [hand tools]
Nail clippers, electric or non-electric
Blades [hand tools]
Razor blades
Shear blades
Blade sharpening instruments
Manicure sets
Manicure sets, electric
Beard clippers
Hair clippers for personal use, electric and non-electric
Emery boards
Files [tools]
Shearers [hand instruments]
Stirring sticks for mixing paint
Nail files
Nail files, electric
Hair-removing tweezers
Tweezers
Depilation appliances, electric and non-electric
Hair braiders, electric
Apparatus for tattooing
Spatulas [hand tools]
Pincers
Cuticle tweezers
Curling tongs
Nail nippers
Eyelash curlers.
The mark was filed in class 44 with following description of goods: