The trademark URGO ACTIV was filed by URGO RECHERCHE INNOVATION ET DEVELOPPEMENT, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on May 29, 2005, and received one opposition filed on August 29, 2005 by ERGO Group AG on Likelihood of confusion. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 29, 2005
It was designated 'Basic Application' for International Application 0865335 at the World Intellectual Property Organization (WIPO).
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on July 15, 2007. Change of name and professional address of the trademark registration was recorded on August 12, 2007. Change of name and professional address of the trademark registration was recorded on September 2, 2007. Appointment and Replacement of representative of the trademark registration was recorded on September 2, 2007. Change of name and professional address of the trademark registration was recorded on April 5, 2009. Change of name and professional address of the trademark registration was recorded on April 13, 2009. Appointment and Replacement of representative of the trademark registration was recorded on January 14, 2010. Change of name and professional address of the trademark registration was recorded on January 24, 2010. Change of name and professional address of the trademark registration was recorded on December 16, 2014. A transfer of the trademark registration was recorded on February 9, 2015. A transfer of the trademark registration was recorded on March 1, 2016. A transfer of the trademark registration was recorded on March 6, 2016.
The Appeal with reference B R1633/2023-1 was Other according to Article 66 EUTMR with decision issued on October 5, 2023 by the EUIPO. The Opposition with reference B 000894552 was refused according to Article 8(1)(b) EUTMR with decision issued on May 29, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Topical cosmetic preparations in all galenical forms for the skin and skin organs, except cosmetic preparations for hair care and treatment.
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations (allopathic, homeopathic and phytotherapeutic) and sanitary preparations for medical purposes and personal hygiene
Dietetic substances adapted for medical use, namely food supplements (in concentrated form, containing micronutrients), medicinal drinls and herbal teas,
Food for babies
Medicinal food preparations enriched with vitamins and minerals, for sick children and adults
Preparations of vitamins, trace elements, fatty acids, amino acids, enzymes and coenzymes, of plant extracts for medical use, of proteins, carbohydrates, minerals, lipids, hormones, of structural analogues of hormones, of beta carotene, yeast, sterols or other nutrients for human consumption
Disinfectants for medical or sanitary purposes (other than soaps)
Nutritional supplements containing proteins, carbohydrates, lipids and/or fibres, or micronutritional supplements such as vitamins and/or minerals, amino acids and/or fatty acids for medical purposes.
The mark was filed in class 29 with following description of goods:
Dietetic substances not adapted for medical use, food supplements not adapted for medical purposes (in concentrated form, containing micronutrients) and meal substitutes, not adapted for medical purposes, including preparations with a base of meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats
Milk dietetic beverages not for medical use
Nutritional supplements intended to increase the input of nutrients into the normal diet.
The mark was filed in class 30 with following description of goods:
Dietetic substances not adapted for medical use, namely food supplements not adapted for medical purposes (in concentrated form, containing micronutrients) and meal substitutes, not adapted for medical purposes, including preparations with a base of coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, bread, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, vinegar, sauces (condiments), spices, ice
Dietetic coffee, tea, cocoa and chocolate-based beverages, not for medical purposes
Nutritional supplements intended to increase the input of nutrients into the normal diet.
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products (neither prepared, nor processed)
Grains (seeds)
Fresh fruits and vegetables
Foodstuffs for animals
Live animals
Natural plants and flowers, malt
Plant extracts not for medical purposes.
The mark was filed in class 32 with Non-alcoholic dietetic beverages not adapted for medical use, namely food supplements not adapted for medical purposes and meal substitutes not adapted for medical purposes, including preparations based on non-alcoholic drinks and preparations for making beverages (except coffee, tea, cocoa or chocolate-based beverages, or milk beverages), beers, mineral and aerated waters, fruit drinks and fruit juices, syrups.
The mark was filed in class 41 with Creating information pamphlets in paper and/or electronic form featuring dietary programmes and medical advice (publication).
The mark was filed in class 44 with following description of goods: