The trademark VitaBotanica was filed by SPLAT GLOBAL LLC, a corporation established under the laws of the Russian Federation (the "Applicant"). The application was published for oppositions on March 11, 2020, and received one opposition filed on June 9, 2020 by Vita Zahnfabrik H. Rauter GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB 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 English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Dental care preparations
Breath freshening sprays
Dental bleaching gels
Mouth washes, not for medical purposes
Cleaning, polishing, scouring and abrasive preparations