The trademark ÉCLAIR PARFUMERIES was filed by VENT DE FRANCE LA TRAMUNTANA, SAU, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on May 5, 2020, and received one opposition filed on August 4, 2020 by L'ECLAIREUR INTERNATIONAL on Likelihood of confusion. the opponent was represented by IPSILON BENELUX SA, aussi traitant sous le nom Distinctive+Ipsilon and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2020
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on November 8, 2021.
The Opposition with reference B 003127560 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 15, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail services in respect of the following goods: soaps, Perfumery, essential oils, cosmetics, Make-up bases, Lip gloss, Lip balms, Lipsticks, Hair lotions [for cosmetic purposes], Dentifrices, make-up and make-up removing preparations, Beauty masks, Toiletries, Preparations for hair removal and shaving, Bath salts, not for medical purposes, incense, Room fragrancing preparations, Make-up brushes, Cotton pads impregnated with make-up removing preparations, Sanitary preparations for medical purposes, Dietetic foodstuffs adapted for medical use, Medicinal food supplements, Food for babies, files (tools), Farriers' knives, Foot file roller heads for removing hardened skin, Nail files and nippers, skin moisturizer masks, Callus rasps, Nail clippers, Nail clippers, electric or non-electric, electric fingernail polishers, Electric manicure sets, Pedicure sets, manicure sets, Electric and non-electric depilatory appliances, Electric curling tongs, Electrical hair curling irons, Electric hair straighteners, Razor blades, Shaving preparations, Razors,electric or non-electric, Beard clippers, hair-removing tweezers, Eyelash curlers, Electric hair clippers, Utensils for cutting hair and for hair removal, Electrical apparatus to braid hair, Travelling sets (leatherware), Make-up kits, make-up boxes, Umbrellas, Beach bags, Trunks and travelling bags, sun shades, Lip brushes, Brushes for cosmetic purposes, hair stylers, hair brushes, Vanity cases, not fitted, Skin cleansing brushes, Compacts containing make-up, Nail polishers (non-electric), exfoliating mitts, Eye brushes, Make-up pads of textile for removing make-up, Foam toe separators for use in pedicures, containers for cosmetics, Cosmetic utensils, toilet utensils, cosmetics applicators, Cases adapted for cosmetic utensils, nailbrushes, Toiletries, Spatulas for cosmetic use, Perfume sprayers [sold empty], Perfume sprayers, Bath sponges
Presentation of goods on communication media, for retail purposes
Sales promotion for others
Promoting the goods and services of others
Organisation of exhibitions and events for commercial or advertising purposes
Advertising
Rental of advertising time on communication media
Rental of advertisement space and advertising material
Publication of advertising matter
Dissemination of advertisements
Direct mail advertising
On-line advertising on a computer network
Bill-posting
Organization of exhibitions for commercial or advertising purposes
Promoting the goods and services of others by means of a loyalty rewards card scheme
Arranging subscriptions to information media
Arranging newspaper subscriptions for others
Business management
Business management and organization consultancy
Business administration
Office functions
Accounting
Document reproduction
Market studies
Compilation of statistics
Public relations services
Compilation of commercial information
Systemization of information into computer databases
Compilation of information into computer databases
Computerized file management
Loyalty, incentive and bonus program services
Administrative loyalty card services
Sales promotion through customer loyalty programs
Loyalty scheme services
Business operation of shopping centers for others
Commercial information and advice for consumers [consumer advice shop]
Computerized file management
Administration of customer loyalty and incentive schemes
Administration of loyalty programs involving discounts or incentives
Organisation of customer loyalty programs for commercial, promotional or advertising purposes
Advisory services for business management
Advisory services (Business -) relating to the operation of franchises
Business advisory services relating to the establishment and operation of franchises.