The trademark NUTRIVEL was filed by GIULIANI S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on March 9, 2020, and received one opposition filed on June 9, 2020 by ALTER FARMACIA, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 9, 2020
The application was filed in Italian, and Italian 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:
Toilet water
Bath foam
Non-medicated body soaks
Balms, other than for medical purposes
Sun protecting creams [cosmetics]
Brilliantine
Wax (Depilatory -)
Eyelashes
Mouthwash
Cosmetics for nails
Cosmetics
Cosmetic creams
Washing creams
Non-medicated creams
Dentifrices
Detergents
Foams for use in the shower
Emollients
Exfoliants
Fragrances
Moisturising gels [cosmetic]
Bath and shower gels, not for medical purposes
Hair gel
Moisturizers
Lacquer for cosmetic purposes
Cleansing milk for toilet purposes
Skin care lotions [cosmetic]
Bath lotions (Non-medicated -)
Make-up preparations
Cosmetic masks
Oils for cosmetic purposes
Aromatic oils
Cosmetic preparations for body care
Cosmetic preparations for the hair and scalp
Bath preparations
Hair removal and shaving preparations
Body cleaning and beauty care preparations
Skin, eye and nail care preparations
Soaps
Soaps and gels
Shampoo
Body sprays
Beauty care cosmetics
Functional cosmetics
Cosmetic creams and lotions
Deodorants and antiperspirants
Shower and bath foam
Beauty lotions
Hair preparations and treatments
Non-medicated beauty preparations
Non-medicated body care preparations
Skin care preparations
Aromatics
Floral water
Ethereal essences and oils
Essential oils
Non-medicated oils
Natural oils for cosmetic purposes
Oils for perfumes and scents
Essential oils and aromatic extracts.
The mark was filed in class 5 with following description of goods:
Food for diabetics
Dietetic beverages adapted for medical purposes
Beverages adapted for medicinal purposes
Pharmaceutical creams
Pharmaceutical drugs
Food supplements
Homeopathic supplements
Prebiotic supplements
Probiotic supplements
Vitamin supplements
Medicated lotions
Pharmaceutical preparations for hair care
Pharmaceutical preparations for treating diabetes
Pharmacological preparations for skin care
Multi-vitamin preparations
Vitamin preparations
Medicinal preparations and substances
Pharmaceutical preparations for human use
Pharmaceutical preparations
Medical preparations
Chemico-pharmaceutical preparations
Pharmaceuticals
Dermatological preparations
Homeopathic pharmaceuticals
Multi-vitamin preparations
Medicated and sanitising soaps and detergents
Delivery agents in the form of coatings for tablets that facilitate the delivery of nutritional supplements
Dietary supplements for humans
Anti-oxidant food supplements
Dietary supplements with a cosmetic effect
Dietary and nutritional supplements
Dietary supplements consisting of vitamins
Nutritional supplements
Dietary and nutritional supplements
Food supplements for non-medical purposes
Health food supplements made principally of vitamins
Health food supplements made principally of minerals
Dietary and nutritional supplements
Nutritional supplements
Mineral nutritional supplements
Mineral food supplements
Nutritional supplements
Vitamin and mineral supplements
Sanitary preparations for medical purposes
Drug delivery agents in the form of coatings for tablets that facilitate the delivery of pharmaceutical preparations
Drug delivery agents that facilitate the delivery of pharmaceutical preparations
Pharmaceuticals and natural remedies
Diagnostic preparations and materials
Medicated shampoos
Dietary supplements and dietetic preparations
Sanitary preparations and articles
Hygienic preparations and articles.
The mark was filed in class 9 with following description of goods:
Computer application software
Mobile apps
Computer software applications, downloadable
Web application software
Software and applications for mobile devices
Interactive databases
Downloadable media
Computer software platforms
Computer software platforms, recorded or downloadable
Data processing programs
Programs for computers
Computer programmes for data processing
Computer programs [downloadable software]
Computer software
Computer programmes for data processing
System and system support software, and firmware
Web application and server software
Application software
Downloadable mobile applications for the transmission of information
Downloadable mobile applications for the transmission of data
Interactive computer software enabling exchange of information
Computer programs for accessing and using the internet
Data communications software
Communications processing computer software
Communication software
Downloadable mobile applications for the management of information
Information retrieval applications
Data mining software
Data and file management and database software
Media development software
Media and publishing software
Application processors
Application-specific integrated circuits
Computer software for controlling and managing access server applications
Personal computers
Computer hardware
Computers and computer hardware.
The mark was filed in class 38 with following description of goods:
Access to content, websites and portals
Providing access to weblogs
Provision of access to computer networks and the internet
Computer communication and Internet access
Provision of access to content, websites and portals
On-line communication services
Interactive communications services by means of computer
Data transmission
Transfer of data by telecommunications
Data transmission.
The mark was filed in class 42 with following description of goods:
IT services
IT consultancy, advisory and information services
Data mining
Computer project management services
Computer system design and development
Design and development of data processing apparatus
Design and development of data entry systems
Research in the field of artificial intelligence
Technological research relating to computers
Advisory and information services relating to computer peripherals
Computer services for the analysis of data
Computer hardware development
Software development, programming and implementation.
The mark was filed in class 44 with following description of goods: