The trademark BODY NATURE L'ESTIME DE L'ETRE was filed by Société VEGA SAS, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on March 22, 2020, and received one opposition filed on June 22, 2020 by VIOKOX, S.A. on Likelihood of confusion. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 22, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Soaps, deodorants for personal use
Perfumery for cosmetics purposes
Products for perfuming the house
Sachets for perfuming linen
Cosmetics in all galenical forms, not adapted for medical use
Cosmetic preparations for care of body and face
Cosmetic preparations for the treatment, care and decoration of the nails
Make-up preparations
Cosmetic bath and shower preparations
Sun preparations for cosmetics use
Hair treatment, hair care and hair beauty preparations for cosmetic purposes
Dentifrices
Cleaning, polishing, scouring and abrasive preparations
Soaps
Scouring solutions, Shoe wax, Stain removing preparations, Polish for furniture and flooring, Detergents, other than for use in manufacturing operations and for medical purposes
All kinds of soaps for household and industrial applications, in particular heavy-duty soaps, cream soaps, liquid soaps, soaps in powder form, gel soaps, soft soaps, soaps based on linseed oil
Protective creams and foaming creams for body care and beauty
Bleaching preparations and other substances for laundry use, in particular detergents
Cleaning, polishing, scouring and abrasive preparations, in particular scouring solutions and polish for furniture and flooring, in paste or liquid form
The mark was filed in class 5 with following description of goods:
Phytotherapy preparations made from medicinal herbs and plants in solid or liquid form
Food supplements (not for medical purposes) adapted for human nutrition for the purpose of supplementing a normal diet namely made from plants, vitamins, minerals, trace elements
Dietetic substances (not for medical use) deriving from organic farming or made from products derived therefrom, namely based on vitamins, minerals, trace elements
Disinfectants, Deodorants, other than for human beings or for animals, Fungicides, Weedicides, natural insecticides, Preparations for destroying noxious animals.
The mark was filed in class 35 with following description of goods:
Sales promotion by means of a customer loyalty service via loyalty cards, discount cards
Organising home meetings for commercial or advertising purposes
Advertising using displays, direct mail advertising, demonstration of goods, window dressing
Direct mail advertising and advertising documents
Rental of advertising space and rental of advertising time on all means of communication
Organization of exhibitions for commercial or advertising purposes
Compilation of commercial information
Computerised file management
Compilation of information into computer databases
Subscription to a world-wide (Internet) telecommunications or private access (intranet) network
Subscription to a computer database or multimedia server
Subscriptions to data transmission and telephone services
Subscriptions to a computer telecommunications network or data transmission service provider centre, subscriptions to online newspapers, subscription to a telecommunications service
Dissemination of business information by electronic means, in particular via global (Internet) or private access (intranet) communications networks
The bringing together, for the benefit of others, of a variety of cosmetic and care preparations enabling customers to view and purchase those goods in retail outlets or for sales at home (excluding the transport thereof)
The bringing together, for the benefit of others, of a variety of cosmetic and care preparations (excluding the transport thereof), enabling customers to view and purchase those goods from general goods catalogues or via direct mail order
The bringing together, for the benefit of others, of a variety of cosmetics and care products (excluding the transport thereof), enabling customers to view and purchase those goods on websites or via television, or via any other form of electronic telecommunications media
Retailing of cosmetic and care preparations
Retailing of nutritional supplements for skin, body, face, hair or nail care and beauty purposes
Retailing of essential oils and essential oil diffusers
Retailing of scented candles
Retailing of household linen and bath linen
Retail services in relation to household or kitchen utensils and containers, Combs and spongers.
The mark was filed in class 44 with following description of goods:
Horticulture and forestry services
Hygienic and beauty care for human beings
Hair salon services
Beauty salons
Nail salons
Massage
Care and beauty consultancy
Advice relating to makeup
Advice in the field of nutrition and perfumery
Balneotherapy consultancy
Medical services
Health farm services [medical]
Aromatherapy, thalassotherapy, balneotherapy, chromotherapy, and sound-based treatments
Fitness services using saunas, hammams and pressurised water baths.