Decision Nº O/095/22 from Intellectual Property Office - (Trade market), 4 February 2022
| Judge | Mr Arran Cooper |
| Administrative Decision Number | O/095/22 |
| Date | 04 February 2022 |
| Registration Number | WO0000001517719 |
O/095/22
TRADE MARKS ACT 1994
IN THE MATTER OF INTERNATIONAL
REGISTRATION NO. WO0000001517719
IN THE NAME OF C.P.C. CREATIVE PERFUME
COMPANY HOLDING SA FOR THE
FOLLOWING TRADE MARK:
IN CLASSES 3 AND 4
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 421752 BY
CONSOLIDATED ARTISTS B.V.
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BACKGROUND AND PLEADINGS
C.P.C. Creative Perfume Company Holding SA (“the holder”) is the holder of the
international registration shown on the cover page of this decision (“the IR”). The
IR was registered on 10 December 2019. With effect from the same date, the
holder designated the UK as a territory in which it seeks to protect the IR under the
terms of the Protocol of the Madrid Agreement. The IR enjoys a priority date of 13
June 2019. The holder seeks protection for the IR in relation to the following goods:
Class 3: Ambergris [perfume]; aromatic essential oils; room fragrancing
preparations; cake flavorings [essential oils]; flavorings for
beverages [essential oils]; food flavorings [essential oils]; spray
products for freshening the breath; balms other than for medical
use; lip glosses; sachets for perfuming linen; scented waters;
Javelle water; lavender water; eaux de toilette; depilatory wax;
mustache wax; massage gels, other than for medical use;
heliotropine; make-up products; deodorants for pets; deodorants
for human beings or for animals; depilatory preparations; room
fragrance reed diffusers; scented wood; perfumes; perfumery
products; decorative transfers for cosmetic use; ionone
[perfumery]; eyebrow pencils; cosmetic pencils; adhesives for
affixing false eyelashes; adhesives for affixing false hair; hair
conditioners; beard dyes; cosmetic dyes; cosmetic creams; skin
whitening creams; incense; hair sprays; nail polish; hair lotions;
lotions for cosmetic use; after-shave lotions; beauty masks; oils
for perfumes and scents; oils for cosmetic use; oils for toilet
purposes; essential oils; essential oils of cedar wood; essential
oils of lemon; essential oils of citron; oils for cleaning purposes;
bergamot oil; gaultheria oil; jasmine oil; lavender oil; almond oil;
rose oil; almond milk for cosmetic use; cleansing milk for toilet
purposes; musk [perfumery]; deodorant soaps; shaving soap;
brightening soaps; cakes of toilet soap; antiperspirant soaps;
soaps for foot perspiration; soaps; almond soap; mint for
perfumery; cosmetic kits; eaux de Cologne; bases for flower
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perfumes; incense sticks; dentifrices; lipstick cases; breath
freshening strips; tooth whitening strips; lipsticks; pomades for
cosmetic use; shaving preparations; cosmetic preparations for
baths; bath preparations, other than for medical use; hair
straightening preparations; hair waving preparations; color-
removing preparations; leather bleaching preparations;
mouthwashes other than for medical use; cosmetic preparations
for slimming; make-up removing preparations; nail care
preparations; collagen preparations for cosmetic use; aloe vera
preparations for cosmetic use; sunscreens; breath freshening
preparations for personal hygiene; make-up powders; nail polish
removers; vaginal cleansing products for personal hygiene or
deodorizing; tissues impregnated with cosmetic lotions; towels
impregnated with make-up removing preparations; massage
candles for cosmetic use; potpourris [fragrances]; bath salts,
other than for medical purposes; fumigating preparations
[perfumes]; astringents for cosmetic use; cosmetic products for
the eyebrows; make-up preparations; sun-tanning preparations
[cosmetic products]; hair dyes; neutralizers for permanent
waving; cosmetic preparations for eyelashes; cosmetic
preparations for skin care; cosmetic products; cosmetic products
for children; cosmetic products for animals; mascaras; cleansing
products for intimate personal hygiene, not medicated; douching
preparations for intimate hygiene, deodorant preparations or for
sanitary purposes [toiletries]; bleaching preparations
[decolorants] for cosmetic use; antiperspirants (toiletries); toilet
preparations; phytocosmetic preparations; talcum powder for
toilet use; terpenes [essential oils]; henna ink [cosmetic dye];
shampoos for animals [non-medicated grooming preparations];
shampoos for pets [non-medicated grooming preparations]; dry
shampoos; shampoos; herbal extracts for cosmetic use; extracts
of flowers [perfumes]; ethereal essences; badian essence; mint
essence [essential oil].
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